The gaming industry is dynamic and ever-evolving landscape that thrives on innovation and creativity. In the emerging revolution of online games globally, Indian gaming market has witnessed immense popularity, becoming one of the largest and promising markets in the world. This growth and evolution attract the need for effective protection to secure the ideas and promote more such innovations in order to create an edge in the global competition, attract investments, and foster fair competition.
It has been closely observed that the legal challenges have substantially increased in emerging industries like online gaming. From copyright disputes to trademark battles and concerns, game developers face unique legal hurdles that demand a proactive and strategic approach to IP protection.
Key Intellectual Property Concerns in Online Gaming
Having exposure in the online world, where access to new creations is a right-hand game, the work of the game developers is prone to piracy and cloning. The easy access is often misused by many individuals and even big giants who replicate popular games and sell duplicate versions in the market. This attracts the need for strong IP protection to escape from financial losses and the illegal spread of game duplicates, hence developers must secure protection under the following key IP rights such as Copyright and Trademarks.
Decoding Copyright Protection in Online Gaming
To have a stronghold in the gaming industry, it is significant to safeguard its key features under the scope of IP rights. One of such vital protection is offered by Copyright, which pertains to the creator’s exclusive legal right over its original and artistic works. In the gaming industry, the game characters, storylines and narratives, soundtracks and audio elements, games codes, etc., are eligible for copyright protection.
However, copyright law is based on the Idea-Expression Dichotomy, meaning ideas themselves are not protected—only their specific expression is. This was illustrated in Atari v. Amusement World Inc. (1981), where the court ruled that copying the “theme” of a game (such as space battles) does not amount to copyright infringement unless the specific expression is replicated.
In addition to the aforementioned requirements, the “work” must be author’s original creation in order to be protected by copyright law, as stated under Section 13 of the Copyright Act, 1957. These works are widely copied and used by third parties, wherein the infringers replicate the appearance, feel, and gameplay of popular games. The current Indian legal system has strongly demonstrated its commitment in protecting these works and one of such examples can be reflected in the case of Sony Computer Entertainment v. Harmeet Singh (2012), wherein Sony, the plaintiff, created the PlayStation 3 and its games. The defendant modified the consoles to run unauthorized versions and made copies of original games for distribution, charging customers for access. Sony sued for trademark infringement and copyright violations. The Hon’ble court granted an ex parte injunction against the defendant, prohibiting the duplication and sale of unlicensed Sony software. This case highlights the importance of legal intervention to curb piracy in online gaming.
Trademark Protection: Securing Gaming Brands
A game’s name, logo, and tagline are its identity in the market. Players associate gaming experiences with these trademarks, making them valuable brand assets. For instance, the Logo of Dream 11 is registered under India’s Trademark Act of 1999, giving exclusive rights to the creator of Dream 11 to use its logo. Furthermore, not limited to names or logos, even the unique taglines serve as brand identifiers promoting online games. Few of the examples are “Ab Jeetega India” Dream 11 or “India ka Apna Game” of Ludo King. These taglines stimulate the thought process of the consumers to identify the source of the games. Even, the characters from games are trademarked, making them the exclusive property of the gaming companies.
Hence, any unauthorized use of an identical or deceptively similar trademark can mislead consumers, damage brand reputation, and cause financial loss to the creator. The Trade Marks Act, 1999 provides legal recourse under:
In the case of the Moonshine Technology (P) Ltd. V. Tictok Skill Games (P) Ltd., CS(COMM) 331/2021, the Plaintiff, part of the Baazi Group which is a prominent entity in the Indian gaming sector since 2014 had several registrations under its brands, such as BAAZI, BAAZI GAMES, POKER BAAZI, RUMMYBAAZI, BALLEBAAZI, BAAZI MOBILE GAMING, and the same became the trading identity, corporate, and domain names of the Baazi Group. The Defendant deceivingly began using the term “Baazi” with its own mark for similar services, passing them off as of the Plaintiff’s.
The Hon’ble Delhi High Court found that the plaintiff’s online gaming business, operating since 2014, had established a strong brand identity with Baazi. The court observed that the defendant’s use of the exact trademark for identical services, establishing a prima facie case of infringement under Section 29(2)(c) of the Trademarks Act, 1999. The Court presumed that there would be confusion among consumers, hence granted injunction against the Defendant.
Further, in the case of WinZO Games v. Google LLC (2022), WinZO challenged Google for displaying a warning that “this file may harm your device” while downloading its gaming app. WinZO claimed this warning tarnished its trademark and brand reputation. The Hon’ble Delhi High Court ruled in favour of Google, stating that the warning was a standard cybersecurity measure and did not amount to trademark infringement under Section 29. This case highlights the nuanced interpretation of trademark laws in the digital gaming space.
Therefore, in order to avoid trademark disputes, gaming companies should: Register game titles, logos, and characters as trademarks. Monitor the market for unauthorized use. Establish licensing agreements for third-party game adaptations. Take prompt legal action against counterfeit versions of their products and games. Developers can safeguard their IP with smart strategies: thorough trademark registration, vigilant monitoring, strategic licensing, and partnerships. In gaming, it’s not just about winning—it’s about owning your brand.
Strategic Way Forward
As India’s gaming sector continues to develop, it is vital to strengthen intellectual property (IP) protections to maintain competitiveness. From the perspective of creators and game developers, these IP laws is a cornerstone for the future of India’s online gaming industry. IP laws provide creators with the necessary tools and legal backing to effectively discharge their responsibility of protecting the intellectual property within the dynamic gaming industry. By taking the necessary steps in safeguarding their works, the creators are not just securing their innovations; but are collectively building a robust and trustworthy gaming network not only in India but globally.
