In the world of digital gaming, developers and publishers are increasingly facing copyright and trademark infringement of their most popular titles from online entities. Such infringers create virtually identical copies of popular games—sometimes from leaked source code—to distribute unauthorized, nearly identical versions of popular games with the click of a button.
“We’re seeing a proliferation of copyright and trademark infringement across the gaming industry, with sophisticated digital networks popping up with infringing versions of our clients’ popular copyright- and trademark-protected video game artwork, software, characters, titles, and other protected works like a game of whack-a-mole,” said Erica Van Loon, who leads Nixon Peabody’s Copyright, Trademark, & Media Litigation Team. “We help take swift legal action to enforce our video game clients’ invaluable copyright and trademark rights and help secure injunctions and judgments from the court to deplatform infringing copies and secure damages from infringers on behalf of our clients.”
A Nixon Peabody team led by partners Van Loon and Yun Kim, the firm’s Korea IP Practice team leader, has developed an efficient and winning enforcement approach that has led to a series of impactful court wins on behalf of several high-profile Korean video game developers, including Ubifunstudio Co., Ltd. (UBIFUN), WeMade Max Co., Ltd. (WeMade), and Madngine Inc. These separate litigation matters originated when each gaming company faced similar detrimental challenges: multiple online entities infringing their copyright and trademark rights to create and distribute unauthorized copies of top video games.
Trademark and copyright infringement win for UBIFUN’s popular Dekaron game
UBIFUN faced significant challenges to its business when the source code for its popular Dekaron game was leaked to an unauthorized server, resulting in multiple online entities creating and selling infringing versions of Dekaron on various platforms. In September 2025, following an initial temporary restraining order (TRO), Van Loon and Kim secured a final judgment and permanent injunction against multiple online operators to halt the distribution of unauthorized versions of UBIFUN’s Dekaron game. The court found that a network of online entities engaged in willful infringement of UBIFUN’s registered trademarks and copyrights, and that the defendants directly targeted US consumers by operating unauthorized versions of the game online. In addition to the court issuing a sweeping, permanent injunction ordering the defendants to cease their infringing activities, the court awarded statutory damages against each defendant and enjoined third-party service providers—including Discord, various websites, and other social media channels—from displaying the infringing games.
“This victory is a meaningful ruling that demonstrates Dekaron’s rightful copyright and the importance of protecting the hard work of its developers,” said Sung Yong Kim, CEO of UBIFUN. “Furthermore, we believe it has shown that the copyrights of other games can also be legitimately protected. UBIFUN will continue to take a firm stance against copyright infringement acts, such as illegal private servers, and will do our utmost to foster a healthy gaming ecosystem.”
Protecting copyrights for WeMade’s Silk Road and Madngine Inc.’s Night Crows and deplatforming unauthorized versions
Earlier this year, WeMade enlisted a Nixon Peabody Intellectual Property team led by Van Loon and Kim when it faced copyright infringement of its popular online video game, Silk Road. After first granting a TRO and then a preliminary injunction to enjoin distribution of the infringing games on various online gaming platforms, including Steam, the court granted final judgment and a permanent injunction and ordered statutory damages on behalf of WeMade.
In a separate case, Van Loon and Yun helped secure a final judgment, permanent injunction, and statutory damages on behalf of Madngine, halting ongoing copyright infringement of its blockbuster Night Crows video game. This final judgment and injunction helped to protect Night Crow’s economy and player community from defendants’ unauthorized sale and profits of infringing versions.
“The gaming industry is a dynamic market and accounts for more than half of South Korea’s booming entertainment sector,” said Kim. “Drawing from my prior background working in the gaming industry and as an avid gamer myself, I understand the impact of copyright and trademark infringement activity and how essential it is to protect the technological innovation and creative works of game makers.”
Across these court cases, the Nixon Peabody team of attorneys has efficiently and swiftly secured injunctions and judgments to shut down unauthorized servers and digital communities, remove infringing listings and unauthorized video game assets, restrain and release funds through third party payment providers, and bar further unauthorized use of the trademarks and copyrighted works of video game developers.
In addition to Erica Van Loon and Yun Kim, the Nixon Peabody team advising video game developers and publishers on copyright and trademark infringement protection includes Chicago intellectual property counsel Matthew Werber and associate Peter Krusiewicz.
