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.

Playing Around INTA 2026: A Scenario Game for IP Lawyers Intangiblia™

We’re in London at the INTA 2026 Annual Meeting, but we’re not doing a standard conference recap. We wanted to show how intellectual property work can be creative, inventive, and even fun, so we built THE INVENTIVE MINDSET GAME, a scenario game, and handed real IP lawyers a stack of tricky client prompts.Each prompt forces a choice: do you follow the client’s exact instructions, take an inventive counseling path, bring in an AI assist tool, or throw a curveball and plan for the worst-case scenario. From a smart home invention to a viral character and an influencer launching a skincare line, we dig into the practical decisions behind patent strategy, trademark protection, and copyright, including how to think about prior art, claim scope, brand control, and what “commercialization” actually demands.We also talk about the unglamorous but critical details that can make or break an IP strategy: picking the right trademark classes, avoiding coverage that doesn’t match the business, and sequencing filings when budgets are tight. If you’re a founder, creator, in-house counsel, or just curious about how IP law works in the real world, you’ll leave with clearer mental models and sharper questions to ask before you file anything.Subscribe for more stories and practical IP insights, share this with a friend building a brand, and leave a review if the game format helped you think differently about IP. What would you choose first: safe, inventive, AI-assisted, or curveball?Send us Fan MailCheck 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.
  1. Playing Around INTA 2026: A Scenario Game for IP Lawyers
  2. Sports As IP Strategy
  3. The Afterlife of Innovation: Can IP Outlive the Business That Created It?
  4. Case Study: Lindt’s Gold Bunny Trademark Saga
  5. What Kind of Negotiator Are You, Really?

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