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THQ sues Activision Over Game Packaging

As first reported by Patent Arcade, THQ has filed suit against Activision Blizzard claiming trade dress and copyright infringement over the box art for Activision's brand new release, "SCORE International Baja 1000". THQ is seeking an injunction against the publisher, alleging that Activision's packaging is identical to that of its own racing game, "Baja Edge of Control", released in September.

Both games are based on the Baja 1000 off-road race that takes place in Baja, Mexico each fall. The covers of both games depict two vehicles, one red and one blue, almost identical in position and perspective.

In its suit filed in California District Court, THQ claims that it has exhausted 'all reasonable efforts to prevail upon Activision to replace the packaging artwork', including contacting Activision on multiple occasions to request that the artwork be changed.

The complaint and a comparison of the two boxes can be found here.

REVIVING YEE'S VIDEO GAME LEGISLATION IN CALIFORNIA

This week, a federal appeals court will have to determine whether legislation drafted by Leland Yee for the state of California that had been struck down by the courts should be revived.
The original law required that be marked with an '18' label and that their sale and/or rental be prohibited to minors.
According to Yee, the legislation's main objective is not to sell the violent video games to kids. For some of those opposing the revival of the law, this legislation violates First Amendment Rights and is not effective in denying children access to Mature rated video games since parents often purchase the games for them.

Coverage at: http://www.gamedaily.com/articles/news/california-looking-to-renew-antigaming-legislation/?biz=1

ELECTRONIC ARTS SUED OVER "WIN WITH THE REBELS"

The Las-Vegas Review Journal has reported that Electronic Arts is being sued by Gerald Willis for as much as 1.5 million dollars for infringing Willis' copyright over the University of Las Vegas' fight song "Win With the Rebels". Willis is claiming $150,000.00 for each copyright infringement. The song has been featured in several of the NCAA Basketball, Football and Baseball games.

Coverage at: Gamedaily.com

LittleBigPlanet DELAYED OVER RELIGIOUS LYRICS

A Muslim gamer's flagging of a song that contains lyrics from verses of the Koran has resulted in a formal apology from Sony. It is reported that the complaint will result in the delay of the release of LittleBigPlanet to mid-November, in order to allow for the removal of the controversial material.

Opinions vary on whether the material is disrespectful or forbidden.

Coverage at: Gamedaily.com

OBAMA IN BURNOUT

Barack Obama has brought his campaign online. It is reported that nine games, including Burnout, Madden, Nascar and NHL, feature Mr. Obama's in-game ads in the Xbox Live versions of the games. The ads are will continue to run until November 3.

Mr. Obama is said to be the first presidential candidate to advertise in a video game.

Coverage at: Gamedaily.com

THE PIRATES OF WAR

Submitted by Karine Bellavance

Despite the fact that Gears of War 2 is not coming to PC, it is reported that a forged copy of the game has already been uploaded by various pirate sites for use on modified Xbox 360 systems. Epic Games' Lead Game Designer had stated that the game would not be coming to PC primarily due to piracy concerns.

Coverage at: Gamedaily.com

FACENDA'S FAMILY SUES NFL FILMS

Submitted by Sylvie Lang

A U.S. Appeals Court has ruled that the estate of legendary football announcer John Facenda can sue NFL Films for the misuse of his father’s voice in a promotional video for an NFL video game. The Appeals Court unanimously held that the use of Facenda’s voice, known to football fans as the “Voice of God” violated Pennsylvania’s “right of publicity” laws. The Court rejected NFL Films’ argument that they were permitted to use Facenda’s voice because a release signed by Facenda provided them with a complete defense. Instead, they held that while the release permitted the use of the announcer’s voice in football videos, it did not extend to using Facenda’s voice for the endorsement of these videos. The NFL’s argument that the promotional video was an artistic expression and therefore protected by the First Amendment was also rejected by the Court who found that the video was clearly produced for commercial purposes.

Unless the NFL decides to appeal, the lawsuit will now go to trial.

Coverage at: Fanhouse.com

PROLIFIC PIRATE PLEADS GUILTY

Submitted by Karine Bellavance

Gary Boulter, who took part in a major piracy operation in Bristol, plead guilty to 23 offenses relating to the commercial piracy of illegally copied games, films, music and pornography. The Bristol Crown Court sentenced him to 15 months of prison, and he was also ordered to pay 12 000 pounds towards prosecution costs, in addition to a 10 500 pound fine.

Coverage at: Gamedaily.com

NVIDIA SUED

Submitted by Karine Bellavance

NVIDIA Corporation is being sued by a New York based law firm for alleged securities fraud. The firm alleges that between November 2007 and July 2008, NVIDIA accumulated important losses, as a result of withholding pertinent information about a high rate of failure for their mobile graphics solutions.

Coverage at: Gamesarefun.com