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Bryan E. Kuhn
Counselor at Law, P.C.
Business & Employment Law Attorney

Settlement in lawsuit between ZeniMax and Facebook

Business owners in Colorado may file a lawsuit in federal court alleging infringement of intellectual property rights when they believe that another company has unlawfully stolen or used intellectual property such newly developed technology. One such lawsuit between Facebook and ZeniMax Media has settled out of court.

The lawsuit alleged that Oculus, a company owned by Facebook, stole intellectual property belonging to ZeniMax that was developed by the company’s CTO. A jury awarded ZeniMax $500 million in damages, a verdict that was later reduced to $250 million. The lawsuit alleged copyright infringement, breach of contract, trademark infringement and false designation although the latter two claims were rejected.

Representatives from Oculus stated that they were pleased to have the litigation behind them and were satisfied with the outcome. Executives at ZeniMax may now feel more comfortable publishing VR game releases such as Skyrim and Fallout 4 to the Oculus store, products which were previously only released on Viveport and Steam.

Business owners who own intellectual property such as a trademark or newly developed technology may benefit from consulting an attorney. Intellectual property can be quite valuable; in this case, a jury awarded $500 million to ZeniMax to be paid by Oculus and some of its employees. Not every intellectual property dispute results in such a high award of damages, but business owners who have invested in development of trademarks and technology understand the financial stakes when their rights are infringed.

An attorney may be able to help business owners protect their intellectual property rights by investigating trademark infringement allegations, filing a lawsuit in federal court and presenting arguments to a jury about how the company’s property rights have been infringed. An experienced intellectual property attorney may also be able to assist with negotiation and mediation to help resolve pending litigation.

Source: Road to RV, Facebook & ZeniMax Settle Major Legal Dispute Over VR Intellectual Property, Scott Hayden, 12/13/2018

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