Virtual Legality

null

(0:00) Opening

(9:50) The Purpose of a Trademark

(11:59) Trademark

(19:01) Balancing Test

(19:56) Trademark Dilution

(21:25) Iron Maiden Holdings Limited versus 3d Realms Entertainment

(23:19) The Iron Maiden Mark

(30:45) Iron Maidens Page for Legacy the Beast

(40:03) Common Law Trademark and Trade Name Infringement

(43:38) Statutory Damages for Use of Counterfeit Marks

(45:11) What a Counterfeit Mark

When Electronic Arts (EA) announced that its 2019 PLAY event would be hosted by, among others, Greg Miller of Kinda Funny Games and Andrea Rene of What's Good Games, few could doubt that the two would be excellent hosts for the show.

But after that, questions remain about how such a job will affect their respective roles as industry commentators.

Should "influencers" accept paid positions to host content showcases they will later be asked to comment on?

How will such a role impact how fans of Kinda Funny and What's Good Games perceive their comments later in the year or on the latest Need For Speed or Star Wars Jedi: Fallen Order?

What disclosures does the Federal Trade Commission (FTC) call for when financial and other interests are involved?

And why, in the face of WHO determinations of gaming "disorders", Senatorial Loot Box and "pay-to-win" bills, and everything in-between, is it more important than ever that industry professionals put their best, most legally compliant, foot forward at all times?

Never fear. We always disclose are interests in...Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/Vzfsm1Aa2w4

#GregMiller #AndreaRene #VirtualLegality

***

Discussed in this episode:

"We're excited to have some amazing hosts this year for our live streams!"

Tweet from Electronic Arts - May 29, 2019

(https://twitter.com/EA/status/1133768381654372352)

"The FTC’s Endorsement Guides: What People Are Asking"

Federal Trade Commission (FTC)

(https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking)

"Guides Concerning the Use of Endorsements and Testimonials in Advertising"

16 CFR Part 255

(https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf)

***

FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050

null

(0:00) Intro

(2:10) EAs Tweet

(5:57) Whats Good Games

(9:30) FTC Endorsement Guidelines

(13:00) Financial Connection

(16:27) Endorsement Guides

(22:17) Conclusion

In this pilot episode of Two Hoegs are Better Than One (THABTO), lawyer Richard Hoeg introduces the YouTube world to his game developer brother Tom, as the two discuss the games they are playing, the business of the industry, TV series finales, and a whole lot more.

Join us and find out if Two Hoegs really are better than one.

CHECK OUT THE VIDEO AT: https://youtu.be/Y033ApnQF2M

#Hoeg #TwoHoegs #THABTO

***

In this episode:

1:05 - Introductions

15:40 - What are you playing?

*** 16:00 - Total War: Three Kingdoms

*** 22:30 - Rage 2

*** 28:30 - Borderlands Series

*** 32:07 - Days Gone

45:45 - Loot Boxes, Laws, and Addiction

1:20:05 - Game of Thrones and TV Series Finales

1:36:40 - Next on the Horizon

***

PODCAST VERSIONS AVAILABLE AT

Spotify: (https://open.spotify.com/show/3qsDhQ7h6BR2wLyNQYDWB4)

iTunes:

(https://itunes.apple.com/us/podcast/virtual-legality/id1448785539?mt=2)

SoundCloud:

(https://soundcloud.com/user-510342404)

Google Play Music:

(https://play.google.com/music/listen#/ps/In3d7qersx72lvzehxo7gu6cd5u)

***

"Two Hoegs are Better Than One" is a continuing freewheeling series in which lawyer Richard Hoeg discusses video games, pop culture, business and law, with his game developer brother, Tom Hoeg, of High Moon Studios.

Rick has practiced for more than a decade at some of the country's largest law firms, representing IT, software, video game, and other technology companies, as well as the individuals and institutions which fund them.

Tom has worked in the video game industry for years, including on some of the world's biggest games like Ratchet and Clank, Destiny, and Call of Duty. He is currently working on the latest and greatest additions to the Call of Duty franchise.

ANY LEGAL DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

Any and all feedback is appreciated. Let us know what you think!

***

FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050

null

(0:00) Opening

(10:57) Section B

(22:01) Definitions

(25:36) Digital Game Distributor

(29:31) What Is a Minor Oriented Game

(31:27) The Children's Online Privacy Protection Act

(34:49) Subject Matter of the Product

(39:33) Coppa

(43:12) Definition of Add-On Transaction

(56:43) Loot Boxes the Loot Box Definition

(58:23) Hearthstone

(1:02:08) The Federal Trade Commission

On May 20, 2019, esports and Fortnite star Turner Tenney (also known as Tfue), sued his esports team, FaZe Clan Inc., for violations of contract and California law.

Among the allegations Mr. Tenney asserts that FaZe (i) stole his profits, (ii) restrained trade in violation of California law, (iii) engaged in other bad acts related to young adults and minors (drinking, injury), and (iv) operated as an unlicensed talent agency.

What legal arguments does Tenney make in his complaint?

How does California law feel about restraint of trade (non-compete), and how does that differ from other jurisdictions?

Why does most of Mr. Tenney's contractual argument fall apart if the court elects not to expand Business and Professions Code Section 16600?

And why might none of that matter now that Mr. Tenney has reported FaZe to the California Labor Commissioner as an unlicensed talent agency?

Don't be fazed...it's time for Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/1ouLjsQJPyg

#Tfue #FaZe #VirtualLegality

***

Discussed in this episode:

"Esports Pro Sues Gaming Organization FaZe Clan Over "Oppressive" Contract"

Hollywood Reporter - May 20, 2019 - Ashley Cullins

(https://www.hollywoodreporter.com/thr-esq/tfue-sues-faze-clan-oppressive-contract-1212124)

"Tfue"

Wikitubia Entry

(https://youtube.fandom.com/wiki/Tfue)

"Tenney v FaZe Clan Inc."

Filed May 20, 2019

(https://www.scribd.com/document/410833590/Tenney-v-Faze-Clan#download&from_embed)

"Contracts in Restrain of Trade"

California Business and Professions Code, Section 16600

(https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=16600.)

"You Can't Do "What" in California? A Summary of California's (Virtually Nonexistent) Restrictive Covenant Laws for Out-of-State Employers"

Littler - January 18, 2011 - Stephen Tedesco

(https://www.littler.com/publication-press/publication/you-cant-do-what-california-summary-californias-virtually-nonexistent)

"California Talent Agency And Artist Management Contracts"

Sebastian Gibson Law

(https://www.sebastiangibsonlaw.com/california-talent-agency-artist-management-contracts/)

"LAWS RELATING TO TALENT AGENCIES "

California Division of Labor Standards Enforcement

(https://www.dir.ca.gov/dlse/talent/talent_laws_relating_to_talent_agencies.pdf)

***

FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050

null

(0:00) Intro

(4:10) Article

(10:18) Tfue

(11:43) The Complaint

(13:38) eSports is Big

(17:03) Faze Clan

(21:10) Talent Agency Act

(25:10) Abstract

(26:10) Declaratory Relief

(29:25) Faze Clan Response

(30:10) Sponsorships

(31:05) Material Breach

(32:20) Breach of Contract

(33:52) Breach of Agreement

(38:22) Kick Out the Contract

(39:10) Section 16600

(42:02) California Attorney Blog

(46:45) Exclusivity

(47:16) Talent Agency Contracts

(48:45) Restraint of Trade

(49:40) Right of First Refusal

(51:55) Money Have Received

(53:02) Breach of Fiduciary Duty

***SPOILER WARNING: All Postmortem videos and podcasts contain SPOILERS***

Showrunners D.B Weiss and David Benioff have us all Dreaming of Spring in Episode 6, the series finale of Game of Thrones: "The Iron Throne".

How did we get here? What have we learned?

What can ten (plus) minutes of Tyrion walking silently through various locales tell us about our collective humanity?

Why might Jon Snow, the son of Ice and Fire, need convincing that razing a city of innocents could, in fact, be wrong?

How might we comport ourselves to ensure that war criminals get to choose our happy endings (and ensure one for themselves)?

What role did faceless assassins, warging psychics, and wheelchairs play in the fate of the realm?

How might the survivors of the wars behind ensure a legion of (succession) wars ahead?

And why might Weiss and Benioff actually be the perfect choice for Star Wars?

In the Game of Thrones, you win or you die. Either way, you're getting a postmortem.

#GameofThrones #Season8 #Episode6

***

FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050

On May 16, 2019, video game industry titans (and competitors) Microsoft and Sony announced an alliance between the companies that could spell better, faster gaming experiences for everyone; an alliance that will open the doors of Microsoft’s Azure cloud computing solution, Sony’s proprietary semiconductor technology, the companies' artificial intelligence research, and potentially much more.

Having negotiated our share of joint development projects and memorandums of understanding (MOUs), we take a dive into the press release that shook the gaming world...from a lawyer's perspective.

What did Microsoft agree to do and/or give up?

What did Sony agree to do and/or give up?

How will this affect the Xbox and PlayStation going forward? How will it not?

What are the chances that something significant comes of this?

And just what is a Memorandum of Understanding (MOU), and why was it used to document a relationship of this type, anyway?

You don't need a memorandum to understand that...it's time for Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/DAbzGtCddWs

#Microsoft #Sony #VirtualLegality

***

Discussed in this episode:

"Sony and Microsoft to explore strategic partnership"

Microsoft Press Release - May 16, 2019

(https://news.microsoft.com/2019/05/16/sony-and-microsoft-to-explore-strategic-partnership/)

"What is Azure?"

Azure Website

(https://azure.microsoft.com/en-us/overview/what-is-azure/)

"What Is Microsoft Azure, Anyway?"

How-To Geek - January 4, 2018

(https://www.howtogeek.com/337961/what-is-microsoft-azure/)

"Azure Gaming"

Azure Website

(https://azure.microsoft.com/en-us/solutions/gaming/)

"Memorandum of Understanding (MOU)"

Investopedia - Updated April 16, 2019

(https://www.investopedia.com/terms/m/mou.asp)

***

FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050