IP Law Daily, COPYRIGHT—N.D.N.Y.: Summary judgment in Cooking Mama video game dispute premature due to lack of discovery, (Sep 23, 2024)

By Linda O’Brien, J.D., LL.M.

The alleged infringing licensee did not have the opportunity to obtain information through discovery that was essential to its opposition to a motion for summary judgment.

In an infringement action against a licensee by the creator of the Cooking Mama video game series over the development and sale of unauthorized versions of the game, the game creator failed to demonstrate the absence of any genuine issue of material fact on its claim after failing to respond to the licensee’s discovery requests, the federal district court in Albany, New York has ruled. Summary judgment was premature when the nonmoving party had not been given the opportunity to complete discovery. Thus, the video game creator’s motion for partial summary judgment was denied (Office Create Corp. v. 1st Playable Productions, LLC, No. 1:23-cv-00091-MAD-DJS (N.D.N.Y. Sept. 20, 2024)).

Office Create Corporation (OC) is a Japanese video game company that created a series of games in a franchise titled “Cooking Mama.” OC entered into a licensing agreement in 2018 with Planet Entertainment (Planet) under which 1st Playable Productions, LLC, a developer of entertainment and educational games for adults and children in Troy, New York, developed a game in the series titled “Cooking Mama: Cookstar.” In 2020, OC notified Planet that it was terminating the license agreement for selling on 1st Playable Production’s website unapproved versions of Cooking Mama for the gaming platforms of Nintendo Switch and PlayStation 4.

In January 2023, OC filed suit against 1st Playable Productions and its CEO Dr. Emilie T. Saulnier, alleging copyright infringement, trademark infringement, unfair competition, false designation of origin, trade dress infringement, and unjust enrichment. Before the court was OC’s motion for partial summary judgment for copyright infringement with respect to the Cooking Mama: Cookstar game for use on the Nintendo Switch and PlayStation 4 gaming platforms.

Disputes of material fact. The court found that OC failed to demonstrate specific facts that there was no genuine issue for trial. The defendants submitted a declaration that they made efforts through discovery demands for production of documents and notices to conduct the depositions of two witnesses, but OC failed to respond to those demands and notices. To show how the sought-after documents would reasonably expect to raise a genuine issue of material fact, the defendants repeatedly stated that the lack of full discovery prevented them from providing adequate and complete responses to or challenge OC’s allegations. In one instance, the defendants contend that, based on Saulnier’s declaration, a question of fact exists whether 1st Playable Productions was engaged in the development of a new cooking game known as “Cooking Mama” of which OC was aware of and acquiesced in, arguably creating an implied license.

Discovery was needed to fully and appropriately resolve the issues presented in OC’s motion for summary judgment. OC’s submissions did not establish the absence of a genuine issue of fact on the merits. Instead, the submissions highlighted the extent to which the parties disputed the material facts in the case. While the defendants may not ultimately be able to withstand a motion for summary judgment similar to the present motion, resolution of such a motion should be made on a full and complete record, the court concluded.

The Case is No. 1:23-cv-00091-MAD-DJS.

Judge: D’Agostino, M.

Attorneys: Marc R. Labgold (Labgold Law) for Office Create Corp. William S. Nolan (Whiteman, Osterman Law Firm LLP) for 1st Playable Productions, LLC.

Companies: Office Create Corp.; 1st Playable Productions, LLC

Cases: Copyright NewYorkNews