Interactive Entertainment
Empowering innovation and protecting creations: comprehensive legal solutions.
From the inception of a novel concept to the final stages of product launch, creative minds have turned to interactive entertainment lawyers for their adept counsel through the intricate legal, business, and regulatory landscapes that define the industry.
At Perkins Coie, we pride ourselves on being among the few that can provide a comprehensive legal approach tailored to the needs of the interactive entertainment sector. With our rich history and deep experience on the cusp of technological advancement, our legal team assists clients through company inception, fundraising, product launch, IP protection, licensing matters, and growth strategies.
Our clients encompasses the broad spectrum of the interactive entertainment sector, from creators of content to the platforms on which they are shared and the devices on which they are experienced. We are committed to providing legal support that fosters innovation and safeguards every facet of our clients' operations.
Disruptive Technology and Beyond
Perkins Coie prides itself on its integral role in the innovative landscape of the interactive entertainment industry. Disruptive technologies are a cornerstone of our practice, as we engage closely with pioneering fields such as blockchain, 5G, artificial intelligence and machine learning, and augmented and virtual reality. One could assert that our groundbreaking foray into blockchain and digital currencies began with our counsel to gaming companies on in-game currency. It has since come full circle, with our representation of various gaming entities seeking to leverage blockchain and non-fungible tokens (NFTs) within their platforms.
Our Investment in Interactive Entertainment
Our lawyers serve our clients throughout the product and business life cycle. With the market for casual, mobile, social, and location-based games in a phase of rapid expansion, we are dedicated to assisting these companies with their intricate business agreements. Our involvement spans from game developer publishing contracts to the licensing of game assets and technology, as well as the divestiture and acquisition of game assets. We are also committed to addressing the full spectrum of regulatory issues that may arise, from privacy to financial transactions, security, promotions and advertising, gambling, and potential liabilities from third-party content.
How we help clients
- Emerging Companies & Venture Capital
- Mergers & Acquisitions
- Technology Transactions & Privacy Law
- Trademark & Brand Enforcement
- Patent Protection and Portfolio Management
- Regulatory Compliance
- Labor & Employment
We frequently represent
- Creators of content
- Platforms on which they are shared
- Devices on which they are experienced
Our Team
Our aim is to empower our clients with the tools and expertise required to confidently tackle product development, navigate marketplace complexities, and overcome advertising challenges.
Traditional Games
The board game industry, much like the video game sector, is a dynamic landscape. Trends shift, and what captures the market one year may not repeat its success the next. Our experience with traditional game companies, from developing legal strategies to representing them in trade secrets misappropriation cases, equips us to navigate these changes alongside you.
Mobile & Social Gaming
The mobile gaming landscape has experienced unprecedented growth, accompanied by a complex web of legal and operational challenges. Our team at Polsinelli has a wealth of experience in providing forward-looking, strategic legal assistance to companies in the mobile gaming sector. What sets us apart is the expertise of our regulatory and technology transactions lawyers who have a long-standing history of advising clients in the mobile gaming space. Added to this is the ability to combine the seasoned deal-making skills of our M&A team with the extensive subject matter knowledge of our technology transactions and intellectual property attorneys.
Firms we've proudly served within this realm encompass Annapurna Group, Bandai Namco, Glue Mobile, Krafton, Machine Zone, Nintendo, Niantic, Nexon, Epic Games, Scopely, Inc., Square Enix, Take-Two Interactive, Tencent, and many others.
Immersive Technology (AR/VR/XR)
Our Immersive Technology attorneys have been at the forefront of the industry, advising the early innovators of XR technology and continuing to support its expansion. We provide counsel to the market leaders in immersive technology as they create new worlds through products, services, and content, helping companies to identify, anticipate, and resolve legal issues that arise from this evolving technology.
eSports
We guide clients through the ascent, impact, and robustness of eSports. The rapid progress of eSports, in terms of revenue and social standing, has been markedly hastened by the pandemic, presenting an opportunity that is, in many ways, unparalleled in the field of sports and entertainment, accompanied by its own set of potential business and legal complexities. Our clients are pivotal participants in this ecosystem, which encompasses a diverse range of entities—from integrated entertainment vanguards to publishers and platforms, all vigorously expanding and positioning themselves for a more substantial role in the eSports realm.
Product Development & Launch
We are the trusted advisors to interactive entertainment clients for numerous product launches. Our team offers the seasoned perspective and comprehensive expertise required to navigate the full spectrum of legal considerations throughout the innovation and introduction of a new product or service. Many of our clients engage us to work in tandem with their internal business units, from engineering, product management, and client services to advertising, marketing, and communications. We guide on matters ranging from vendor policies and international concerns to trademark and domain name rights, pricing and subscription models, tax responsibilities, content import and export, OEM matters, regulatory compliance, and consumer protection, as well as privacy and data security.
Marketplace Development
Our interactive entertainment digital and technology core team is one of the nation’s strongest and most sought-after marketplace development counsels. We efficiently support our clients’ efforts to create, sustain, and grow vibrant marketplaces and to expand our clients’ entire ecosystem of related platforms, products, and services, all while navigating the complex and often interdependent legal and regulatory landscape.
As a marketplace evolves, so does the potential for a company to take on the role of a payment intermediary. We are here to guide our clients through the process, helping to redefine monetization and retention strategies and enhancing the appeal of IT platforms for all stakeholders. This, in turn, boosts engagement and drives revenue growth.
Our services are designed to empower clients in their quest for a robust marketplace, guiding them through intricate legal and regulatory terrains to ensure compliance without shouldering undue risks and obligations.
Advertising, Marketing & Promotions
We offer our clients advice on a wide range of issues including advertising claims and substantiation, sale and discount advertising, marketing and sponsorship agreements, product development, contests and sweepstakes, endorsements, and influencers, publicity rights, and promotional offers. To assist clients in managing these issues, we have prepared a variety of samples and templates for marketing, advertising, and promotional campaigns.
The AMP group plays an integral role in representing brands in disputes over false advertising and unfair competition, as well as in working closely with brands to audit and improve in-house marketing and regulatory compliance programs.
Insights
News
Professional Experience
Interactive Entertainment
IMVU’s VCOIN SEC Staff No-Action
Represented IMVU, Inc. in obtaining a no-action relief from the U.S. Securities and Exchange Commission (SEC) staff that clears the way for its client, IMVU Inc., to sell VCOIN, a blockchain-based digital asset, as a transferable non-security to its users worldwide. This is the first SEC staff no-action letter involving a blockchain-based digital asset that can be transferred outside of a closed platform and exchanged for fiat currency. With these important features, VCOIN is a new way for IMVU’s users to earn value that can be converted into cash and used in the real world.
VR For Good
Assisted in writing the agreements for and helped to administer, the VR for Good program and Oculus’ engagement with universities for additional research opportunities.
Partnership with Skydance Media
Provided strategic advice to clients Amy Henning and Julian Beak, assisting in closing a partnership deal to lead Skydance Media's new division to shape the future of interactive media. Amy, award-winning creative director, and Julian, her executive producer partner, will use state-of-the-art computer graphics to help put the audience in the driver’s seat.
Microsoft $7.5B Gaming Acquisition of ZeniMax Media
Represented Microsoft Corporation in its $7.5 billion acquisition of interactive gaming company ZeniMax Media, Inc. The transaction is expected to close in early 2021 following regulatory approvals. The transaction will significantly expand Microsoft’s game business and the Perkins Coie team assisted Microsoft in evaluating ZeniMax Media’s global game studios.
Snapshot Games Acquisition by Embracer Group AB
Represented Snapshot Games in its acquisition by Embracer Group AB (Embracer), and its wholly owned subsidiary Snapshot Games Sofia EOOD. Snapshot Games will form a part of Embracer's wholly owned subsidiary Saber Interactive (Saber). Snapshot Games, based in the United States and Bulgaria, is the independent video game developer behind premium strategy title Phoenix Point. Through the acquisition, Saber brings a reputable studio of 65 people and well-renowned IPs into the group.
Torch 3D Investment Round
Represented Torch 3D in an investment round where it raised $3.5 million from several venture capital funds. Torch 3D, based in Portland, Oregon, is developing a prototyping and collaboration platform for professionals creating Augmented Reality and Virtual Reality experiences.
Microsoft Acquisition of Mojang (Minecraft)
Represented Microsoft Corporation as U.S. counsel and primary intellectual property counsel in its $2.5 billion acquisition of Stockholm-based game developer Mojang, the creator of the “Minecraft” video game franchise.
Microsoft Acquisition of “Gears of War” Franchise
Represented Microsoft Corporation in its acquisition of the “Gears of War” game franchise from Epic Games, Inc., a developer of games and cross-platform game engine technology.
Sale of stock of Angel Studios Inc. to Take Two Interactive Software Inc.
Represented videogame developer in sale.
IoT - Interactive Entertainment
Represented Magic Leap, a developer of a wearable, dynamic-image computing interface that harmonizes with human senses, in its preferred stock financing.
IoT - Interactive Entertainment
Representing a digital and physical mixed reality computing platform in data privacy matters, including drafting related policies.
IoT - Interactive Entertainment
Represented one of the world's largest talent agencies in commercial contract negotiations with Lemon Mobile in connection with a private label solution for proximity and location-based advertising and marketing campaign development and deployment.
Game Design and Development Agreements
Game Design
Represented numerous developers in connection with online, PC, mobile and VR game development agreements.
Virtual Reality
Sale of Spatialand, Inc. to Walmart
Represented Spatialand Inc., a software platform that helps create virtual reality experiences, in its acquisition by Walmart.
Founding and IP Counsel to VR Headset Maker Atheer
Representing Atheer, a leading HMD for industrial applications, since its founding. Handling all IP work for Atheer, particularly developing and managing Atheer’s international patent and trademark portfolios.
Augmented Reality Startup Focused on Patient Care
Represented Miney Moe, a holographic communication technology AR company , in fund raising, formation and product liability counsel; Miney Moe is initially working with doctors concerned about children’s’ experiences in medical settings.
Financing for Magic Leap
Represented the developer of a wearable, dynamic-image computing interface that harmonizes with human senses in its preferred stock financing.
Magic Leap’s Content and Publishing Agreements
Guided Magic Leap in drafting and developing their content development agreements and policies and procedures. Also involved in developing their publishing arrangement with developers, as well as advising them on privacy issues.
Funding Counsel to Magic Leap
Represented Magic Leap, Inc. in securing $793.5 million in new funding, in a funding round led by the Alibaba Group.
Trademark and Privacy Counsel to Niantic
Advised the software maker in trademark enforcement as well as privacy issues.
Oculus Wide-Ranging Representation
Advised Oculus on their marketplace, developer terms as well as product liability and warning work. Also handling several other third-party content deals, providing cross-functional support for their research group and supporting their hardware team focused on international manufacturing and supply deals. Counsel also includes writing the agreements and helping to administer the Oculus for Good program.
Privacy and Licensing Counsel to VR Pet Platform
Advised Beast, Inc., a VR platform that brings digital pets to virtual "life" through artificial intelligence and personalities, on privacy issues; also drafted Beast’s form license agreement and advised on a number of other licensing issues.
Upload VR Funding
Represented UploadVR, Inc. in securing $1.25 million in funding from Shanda Group.
Virtual Reality Manufacturers
Provide advice and assistance to the Virtual Reality (VR) manufacturers regarding content development and distribution agreements, creation of a content marketplace, privacy & data security, health & safety issues, consumer-facing agreements, research and development agreements, strategic partnerships, certification, regulatory compliance and various licensing arrangement.
Intellectual Property
Microsoft Corporation
Represented Microsoft in patent prosecution relating to augmented reality (AR) and virtual reality (VR) technology, including near-eye display (NED) and head-mounted display (HMD) devices.
Trademark Work for New Microsoft Brands
Worked with large software company to clear new brands for software, computer games, and internet products.
IP Agreements for Virtual Reality Company
Drafted and negotiated intellectual property agreements for a major virtual reality company that required navigating complex government use rights.
Litigation
Sale of Spatialand, Inc. to Walmart
Represented Spatialand Inc., a software platform that helps create virtual reality experiences, in its acquisition by Walmart.
Founding and IP Counsel to VR Headset Maker Atheer
Representing Atheer, a leading HMD for industrial applications, since its founding. Handling all IP work for Atheer, particularly developing and managing Atheer’s international patent and trademark portfolios.
Augmented Reality Startup Focused on Patient Care
Represented Miney Moe, a holographic communication technology AR company , in fund raising, formation and product liability counsel; Miney Moe is initially working with doctors concerned about children’s’ experiences in medical settings.
Financing for Magic Leap
Represented the developer of a wearable, dynamic-image computing interface that harmonizes with human senses in its preferred stock financing.
Magic Leap’s Content and Publishing Agreements
Guided Magic Leap in drafting and developing their content development agreements and policies and procedures. Also involved in developing their publishing arrangement with developers, as well as advising them on privacy issues.
Funding Counsel to Magic Leap
Represented Magic Leap, Inc. in securing $793.5 million in new funding, in a funding round led by the Alibaba Group.
Trademark and Privacy Counsel to Niantic
Advised the software maker in trademark enforcement as well as privacy issues.
Oculus Wide-Ranging Representation
Advised Oculus on their marketplace, developer terms as well as product liability and warning work. Also handling several other third-party content deals, providing cross-functional support for their research group and supporting their hardware team focused on international manufacturing and supply deals. Counsel also includes writing the agreements and helping to administer the Oculus for Good program.
Privacy and Licensing Counsel to VR Pet Platform
Advised Beast, Inc., a VR platform that brings digital pets to virtual "life" through artificial intelligence and personalities, on privacy issues; also drafted Beast’s form license agreement and advised on a number of other licensing issues.
Upload VR Funding
Represented UploadVR, Inc. in securing $1.25 million in funding from Shanda Group.
Virtual Reality Manufacturers
Provide advice and assistance to the Virtual Reality (VR) manufacturers regarding content development and distribution agreements, creation of a content marketplace, privacy & data security, health & safety issues, consumer-facing agreements, research and development agreements, strategic partnerships, certification, regulatory compliance and various licensing arrangement.
Product Counseling
Video Game Regulatory Advice
Provided advice to a first-party video game developer on regulatory issues related to a game.
Mergers & Acquisitions
Microsoft $7.5B Gaming Acquisition of ZeniMax Media
Represented Microsoft Corporation in its $7.5 billion acquisition of interactive gaming company ZeniMax Media, Inc. The transaction is expected to close in early 2021 following regulatory approvals. The transaction will significantly expand Microsoft’s game business and the Perkins Coie team assisted Microsoft in evaluating ZeniMax Media’s global game studios.
Snapshot Games Acquisition by Embracer Group AB
Represented Snapshot Games in its acquisition by Embracer Group AB (Embracer), and its wholly owned subsidiary Snapshot Games Sofia EOOD. Snapshot Games will form a part of Embracer's wholly owned subsidiary Saber Interactive (Saber). Snapshot Games, based in the United States and Bulgaria, is the independent video game developer behind premium strategy title Phoenix Point. Through the acquisition, Saber brings a reputable studio of 65 people and well-renowned IPs into the group.
Sale of Wizards of the Coast Inc.
Represented Wizards of the Coast Inc. in its sale to Hasbro Inc.
Sale of stock of Angel Studios Inc. to Take Two Interactive Software Inc.
Represented videogame developer in sale.
Real-D Inc. acquisition of assets of StereoGraphics
Represented 3D cinema company in its acquisition of substantially all of the assets, including patents and related technology, of StereoGraphics Corporation.
Microsoft Acquisition of Mojang (Minecraft)
Represented Microsoft Corporation as U.S. counsel and primary intellectual property counsel in its $2.5 billion acquisition of Stockholm-based game developer Mojang, the creator of the “Minecraft” video game franchise.
Microsoft Acquisition of “Gears of War” Franchise
Represented Microsoft Corporation in its acquisition of the “Gears of War” game franchise from Epic Games, Inc., a developer of games and cross-platform game engine technology.
Sale of Big Fish Games, Inc.
Represented Big Fish Games, Inc. in its sale to Churchill Downs Incorporated