- The rule also bypasses important steps for public input in rule-making
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The International Game Developers Association and content creator CodeMiko are challenging the US Patent and Trademark Office (USPTO) in the US Supreme Court over a ruling that requires trademark applicants to provide their addresses.
Represented by digital media and game development law firm Odin Law and Media, they argued that this requirement potentially opens up applicants to harassment, especially in the games and digital entertainment industries.
The firm said that a number of small business owners, developers and digital entertainers use their home address as their business address.
It claimed that the USPTO’s rule endangers privacy and bypasses important steps for public input in rule-making to “help shape the rules that affect them”.
Prioritising transparency and protection
“Ensuring that administrative bodies engage in fair notice-and-comment rulemaking is fundamental to the democratic process,” said Odin Law and Media founding attorney Brandon J. Huffman.
“This case highlights a failure to provide adequate notice or solicit meaningful input from those most impacted by the rules, particularly affecting individuals in the digital entertainment and game development sectors where privacy concerns are paramount.”
IGDA executive director Jakin Vela added: “Transparency and protection of personal information are critical in the digital age.
“The requirement to disclose domicile addresses without adequate safeguards fails to recognise the unique risks faced by creators in the digital space, like game developers who are particularly vulnerable to doxing and other forms of harassment.”
