Gaming Questions & Answers by State

Gaming Questions & Answers

Q: As a 3rd-party representative, do I have any legal right to enforce copyright of the company's IP which I represent?

1 Answer | Asked in Copyright, Gaming, Intellectual Property and Internet Law for Indiana on
Answered on Jan 24, 2019
Griffin Klema's answer
Probably not, unless your license agreement expressly allows you the right to enforce, or you are the exclusive licensee. Oftentimes the intellectual property owner retains the right to enforce or license the IP to others (non-exclusive license), though sometimes there is contractual language that allows a non-exclusive licensee to take certain enforcement action or give the licensee certain benefits for the owner's lack of enforcement. For example, sometimes a license agreement may allow the...

Q: Are any game mechanics from the Yu-Gi-Oh Trading card game patented?

1 Answer | Asked in Gaming, Intellectual Property and Patents (Intellectual Property) for Indiana on
Answered on Jan 2, 2019
Peter D. Mlynek's answer
Well, I think that you are correct in worrying about Konami's intellectual property. As far as patents go, Konami has over 1100 patents on various gaming devices and methods. I imagine that some of them cover Yu-Gi-Oh!

I don't know which patents cover Yu-Gi-Oh!, but the patent numbers should be printed on the game or its container. If you do not see them there (they should be there), look at their website.

Aside from patents, you should also consider their trademarks (I...

Q: What can I do to make this business start legally the right way?

1 Answer | Asked in Gaming and Intellectual Property for New York on
Answered on Dec 25, 2018
Peter D. Mlynek's answer
This is a very common question. Many bloggers and fans of shows or movie stars get really discouraged when they get cease & desist letter from the shows/stars lawyers.

Your situation is even more problematic: you are trying to raise funds, and then sell products and make money off the TV show. It is a commercial enterprise, and you are much more likely to get a C&D letter than some blogger or fan site operator. Whereas many stars may be hesitant to needlessly piss off their fan...

Q: Can I get casino license if completed PTI for 3rd degree promotion of gambling. case dismissed upon completion

2 Answers | Asked in Gaming for New Jersey on
Answered on Dec 20, 2018
H. Scott Aalsberg Esq.'s answer
You won't know the answer until you apply however I would think you would be dismissed.

Q: I have to warrants for missing court for driving while suspended they are from 2016 can I get them lifted my job said

1 Answer | Asked in Traffic Tickets and Gaming for Indiana on
Answered on Dec 6, 2018
Andrew L. Bennett's answer
Having the warrants recalled (lifted) really depends on the court. However, it is very unlikely a court will recall the warrants without you having an attorney. If you go to the court to ask you will be taken into custody. Hire an attorney who is familiar with the court system where your warrants are and go from there. Also is your driving privilege reinstated or are you still suspended?

Q: I rented a 1,000 sq ft room conected to main house by an outside hallway to main house. After signing a 2 month contract

1 Answer | Asked in Contracts and Gaming for Texas on
Answered on Oct 4, 2018
Tammy Lyn Wincott's answer
Generally, illegal activity allows a landlord to invoke eviction rights.

Q: Will they find out I’m underage by matching my real ssn to my fake California ID?

1 Answer | Asked in Criminal Law, Gaming and Social Security for California on
Answered on Sep 27, 2018
Dale S. Gribow's answer
more info needed.

it would be speculation on my part since i handle DUI and Accidents.

maybe contact a local lawyer that deals with this issue.

your appearance would be more of a tip off than SSN

Q: My mom has dogs and they peed on my game systems and it fried them I was wanting to know if I could press charges on her

2 Answers | Asked in Animal / Dog Law and Gaming for Indiana on
Answered on Sep 22, 2018
T. J. Jesky's answer
First, you cannot "press charges," only the local prosecutor can "press charges." You do have a civil case of "conversion" against the dogs. However, that is not going to help you very much. There is no question that you are upset; however, you have few legal options. The legal costs to pursue this matter far out-weigh the cost of game system. Let me suggest you work this out with your mother.

Q: How would I go about obtaining ownership of this trademark?

2 Answers | Asked in Consumer Law, Contracts, Copyright and Gaming for California on
Answered on Sep 19, 2018
Timur Akpinar's answer
If you're looking for input from a trademark attorney, the question might be more likely to be picked up by posting it in the Trademark section.

Q: I need help with a 'red flag' I was targeted for over 3 years now

1 Answer | Asked in Criminal Law, Gaming and Sexual Harassment for Pennsylvania on
Answered on Aug 20, 2018
Cary B. Hall's answer
I think I speak for all the participating attorneys here when I say that MUCH more information is needed from you before any attorney can even begin to offer any helpful advice.

Can you give us a lot more facts to describe your situation? Thanks in advance.

Q: My question is an old winning Texas Lottery ticket that has more than 180 days, but less than a year; still be redeemed?

1 Answer | Asked in Gaming for Texas on
Answered on Aug 16, 2018
Jason Brooks' answer
Why don't you look at the Official Rules for that state lottery board?

Q: I would like to inquire about taking legal action against a social media casino

1 Answer | Asked in Gaming for New Jersey on
Answered on Jul 31, 2018
Jason Brooks' answer
It sounds like you may have a legitimate claim for breach of contract, and potentially fraud, as well as a number of other claims related to unfair business practices. It'd be worth sending a legal demand letter over to let them know you're serious. An actual lawsuit may be too costly to pursue, but a demand letter alone is quick, inexpensive and may just do the trick. Email me if you'd like more info or assistance: Jason@altviewlawgroup.com

Q: Making money from video games in public places.

1 Answer | Asked in Business Law, Gaming and Copyright for California on
Answered on Jun 24, 2018
John Espinosa's answer
The owners of the legal rights of those games would probably not take kindly to you infringing on those rights and profiting from it. Their rights are enforceable internationally. Your best bet is to reach out to the owners and ask for permission to do this.

Q: Can a bar in ca offer pre packaged marajuana items from a legal dispensary as prizes in a skill game machine

1 Answer | Asked in Business Law and Gaming for California on
Answered on Jun 24, 2018
Thomas A. Grossman's answer
I don't know the answer, but I would guess that it depends on 1) the skill game machine; 2) whether the sate where the Bar is allows the sale of marijuana; and 3) whether the Bar allows such a prize to be given to a minor. That's the best I can do.

Q: Can I force Sony to delete my personal data in messages on their system?

1 Answer | Asked in Consumer Law, Gaming and Internet Law for California on
Answered on Jun 12, 2018
William John Light's answer
Your personal data, in all likelihood, belongs to Sony. As a result, you are asking if there is a way to force Sony to delete its own property, which you consented to it giving to it. I doubt that is possible.

Q: How would I go about obtaining the copyright to an old abandoned game?

1 Answer | Asked in Copyright, Gaming, Intellectual Property and Trademark for Georgia on
Answered on May 14, 2018
Jason Brooks' answer
Copyright is an asset just like physical possessions. If the company is in fact out of business, their assets went somewhere (and now belong to someone, such as the original owner's heirs, or another entity or individual) following the company's dissolution. Therefore you still must have the owner's permission to use their copyrighted material. To find the current owner, you can try searching the US Copyright office's database. You can also try contacting the last known agent listed for the...

Q: Can my 12 yr old brother get in trouble with the authorities for stealing hundreds of dollars off of someone's account?

1 Answer | Asked in Criminal Law, Gaming and Juvenile Law for Indiana on
Answered on May 7, 2018
Andrew L. Bennett's answer
Yes he can and it a police report has already been made will likely be prosecuted in the juvenile court.

Q: Hello. I would like to know if a video games Early Access statement can be considered a contract?

2 Answers | Asked in Business Law, Contracts and Gaming for Florida on
Answered on May 1, 2018
Terrence H Thorgaard's answer
It appears to be a contract, but there may be portions of the full statement which you didn't quote (I followed the link but I don't see the language you quoted) which excludes liability. If the game is in beta and you are only buying the current build, it would indeed seem to be a poor bargain on your part.

Q: Can Gaming Events offer cash prizes if children enter the event?

1 Answer | Asked in Entertainment / Sports and Gaming for Arizona on
Answered on Apr 15, 2018
Carrie A. Ward's answer
You will need to make sure the structure of your game does not trigger an illegal lottery concern. Illegal lotteries consist of 3 elements: (1) provision of a prize; (2) chance; and (3) consideration (i.e., money is paid to play). Event organizers should consult experienced promotions and sweepstakes counsel to advise you on how to structure your game legally. Other considerations such as the age of entrants may have to be taken into consideration too. However, experienced counsel can...

Q: I want to know if I can sue a mobile game app.

1 Answer | Asked in Gaming and Entertainment / Sports for California on
Answered on Apr 3, 2018
Jason Brooks' answer
The beauty (and more often, the detriment) of our American legal system is that anyone can sue somebody for anything -- the more pertinent question to ask here is: Do I have a *legitimate* lawsuit against this mobile developer for their allegedly unfair/deceptive business practices? To that, the answer is... maybe. If you were to file a lawsuit, AND find actual evidence through the Discovery process that supports your theory, then yes you could stand to win big. But the harsh reality is...

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