Season 5, Episode 9. Insert Lawsuit to Continue: IP Legal Sidequests You Didn’t Ask For

Behind every pixel, mechanic, and character design lies a hidden battlefield where intellectual property law shapes the games we play. From energy drinks to tattoos, the unlikely legal showdowns that define modern gaming are stranger than fiction.

Play IP Sidequest Showdown. An escape-room-style game inspired by this episode. Drop a comment if you cracked the code.



Monster Energy’s aggressive pursuit of any game title containing the word “monster” forced Ubisoft to abandon “Gods and Monsters” despite zero connection to beverages. When NBA 2K rendered LeBron James’s tattoos with perfect detail, the copyright holders demanded millions—only to have the courts rule that realistic depictions qualify as fair use. And who knew that the shattered glass texture in Resident Evil was actually a photographer’s copyrighted work, leading to one of the largest copyright claims ever filed by a single artist against a game studio?

The patent wars are equally fascinating. Nintendo secured a $30 million settlement from fellow Japanese developer Colopl over touch controls—yes, the way your finger moves across a screen can be proprietary. Sega claimed ownership of gacha mechanics where duplicate characters fuse to unlock abilities. And Palworld’s “Pokémon with guns” approach triggered Nintendo’s legal team to pursue patent infringement rather than the expected copyright route.

Even legends aren’t immune. Diego Maradona discovered his likeness in Pro Evolution Soccer without permission, leading to a lawsuit that transformed into a sponsorship deal. Meanwhile, Call of Duty successfully defended using Humvees in-game without a license, establishing crucial First Amendment protections for realistic depictions in interactive entertainment.

These cases reveal the invisible forces shaping what makes it to our screens. Next time you’re playing your favorite game, remember that behind every design decision might be a legal battle that determined not just how the game looks, but how it fundamentally works. The gaming industry’s most consequential battles happen in courtrooms, not on our screens.

Ready to explore more? Remember to try our IP Sidequest Showdowngame on our website and see if you can navigate the legal labyrinth yourself.

Zodiac Season, Litigation Rising Intangiblia™

Can you copyright a horoscope, enhance a century-old tarot deck and claim protection, or assign your stage name and lose it in court? We open the year by charting the legal sky where creativity, belief, and branding intersect—and sometimes collide. From a syndicated astrologer’s claim that near-identical forecasts kept running without a license, to a software company’s short-lived effort to assert control over historical time zone data, we unpack the crucial line between ideas and expression, facts and creativity, public domain and protectable derivative work.We also step into the studio with the icons. The Walter Mercado saga reveals how a personal brand can be transformed into a trademark owned by someone else, with lasting consequences for the artist behind it. Along the way, we explore what separates simple restoration from original creativity in tarot publishing, why databases of raw facts remain free for all, and how small wording choices in daily horoscopes can carry real legal weight. The thread tying it all together: the cosmos is shared; the way we package it is not.Expect practical takeaways for creators, publishers, and entrepreneurs: register original writing, document design decisions, start from public-domain sources rather than competitors’ upgrades, and read every clause before assigning names, logos, or likenesses. If you’re building an astrology app, launching a zodiac product line, or reviving classic esoteric art, this deep dive will help you navigate trademarks, copyrights, and contracts without dimming your creative light.Enjoy the episode? Follow the show, share it with a friend who loves law or the stars, and leave a quick review to help others find us. What boundary do you think should exist between shared culture and private ownership? Tell us—your take might shape a future episode.Send us a textCheck out "Protection for the Inventive Mind" – available now on Amazon in print and Kindle formats. The views and opinions expressed (by the host and guest(s)) in this podcast are strictly their own and do not necessarily reflect the official policy or position of the entities with which they may be affiliated. This podcast should in no way be construed as promoting or criticizing any particular government policy, institutional position, private interest or commercial entity. Any content provided is for informational and educational purposes only.
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