IP Law Daily, COPYRIGHT—N.D. Cal.: Dismissal denied in video game copying dispute, (Feb 26, 2025)

By Kevin M. Finson, J.D.

Claims for copyright infringement related to copying of mobile game assets survived a motion to dismiss because it was plausibly alleged that the defendant had access to the protected work and that the works were substantially similar.

A mobile matching game developer stated claims for copyright infringement and trademark infringement against a competitor, the U.S. District Court in San Jose has held. The competitor had created a matching game so reminiscent of that belonging to the developer that the developer’s logo appeared on an in-game item (Ilyon Dynamics Ltd. v. Kings Fortune Pte. Ltd., No. 5:24-cv-04581-NC (N.D. Cal. Feb. 25, 2025)).

Ilyon Dynamics, Ltd and BoomBox Games, Ltd. (collectively, Ilyon) were a game developer and its subsidiary, respectively, which created a casual mobile video game known as Triple Match 3D. Triple Match 3D was protected by a registered copyright. The game involved matching three identical objects, one of which was a mug bearing Ilyon’s trademarked logo. Kings Fortune Pte, Ltd (Kings) was a competing game developer that published an object matching game called Happy Match Café.

Ilyon brought suit against Kings for copyright and trademark infringement, alleging that Kings had copied the tutorials, items, color schemes, design of various elements and interfaces, and had even copied Ilyon’s trademark on the mug item appearing in the game. Kings moved to dismiss.

Copyright. Kings argued that Ilyon’s copyright was invalid due to the certificate of registration stating the work was completed in 2015, while the complaint alleged the work was completed in 2021. The court indicated that it was unclear whether this inaccuracy appeared on the application for the copyright or merely on the certificate, and could therefore be a mere clerical error, In any event, this was an issue more appropriately decided on summary judgment. The court further found that Ilyon had plausibly alleged both that Kings had access to the copyrighted work due to its wide distribution and substantial similarity in the protectable aspects of the work such as visual graphics and interfaces.

Trademark. The court found that Ilyon had plausibly alleged a likelihood of confusion in that the uses of Ilyon’s logo were identical and the games were distributed through the same channels of trade to the same consumers, and that the use of Ilyon’s logo in King’s game was likely to lead consumers to the conclusion that there was some relationship or affiliation between the parties.

The court denied the motion to dismiss.

The Case is No. 5:24-cv-04581-NC.

Judge: Cousins, N.

Attorneys: Delfina S. Homen (Miller Nash LLP) for Ilyon Dynamics Ltd. Huicheng Zhou (Alioth Law LLP) for Kings Fortune Pte. Ltd.

Companies: Ilyon Dynamics Ltd.; Kings Fortune Pte. Ltd.

Cases: Copyright Trademark TechnologyInternet CaliforniaNews