Ryan Morrison, the video game attorney, and his partner, Ali Rothman, chatted with Digital Journal’s Markos Papadatos.
Morrison got his start taking on big game companies (most famously Candy Crush) who were unfairly going after small video game developers. He partners a law firm (Morrison Rothman) where they’re doing everything from multi-million dollar counterfeit busts around the globe to pro-bono work for IP theft victims.
Can you tell us about the work that you and Ali and the firm are doing to bust counterfeits around the world (in the video game world)?
Ryan: The video game industry currently makes more money than movies, television, and music combined. As such, it also has more eyeballs than other industries, and thus the most consumers. Just like any other industry, counterfeiters flocked to what for them is a new goldmine to utilize legitimate intellectual property in illegitimate ways. One of the things we most pride ourselves on is being at the forefront of IP enforcement and anti-counterfeiting with unique expertise in the digital space.
We have seen everything from counterfeit clothing to action figures to face masks. Whether through impersonating social media accounts, rogue websites, or the biggest online marketplaces (yes, even the ones you know and trust) the amount of counterfeit or infringing products being distributed and scams being carried out is massive and causes significant harm to not only the brand owner but the consumers as well who quite often in this space are young children. This is a huge problem in the industry, and Allison and I brought in a team to combat it.
One of the things this involves is making sure all of our clients properly protect their rights through copyright and trademark, as well as making sure everyone using those marks is doing so under a proper licensing agreement. Anyone stepping outside of the walls of those agreements or those who choose to flat out rip off our clients have to deal with us, and we will do anything necessary to prevent and stop this.
What motivates you both each day?
Ali: I started my career representing the biggest luxury conglomerates and media/entertainment companies in the world, with the goal of protecting the brands from others trading on their hard-earned goodwill over decades, sometimes centuries, of blood sweat, and tears expended to develop a successful and valuable brand. Additionally, through these enforcement and anti-counterfeiting efforts, I wanted to protect the consumer from unknown dangers associated with the counterfeits they purchase – believe it or not, there are real health and safety hazards and global economic effects of buying a fake designer handbag.
Here, in the video game space, while the goals are the same, it is that much more rewarding for a number of reasons. We are lucky to have an opportunity to work with clients who are at the forefront of their careers, hopefully, many of whom are at the inception of their decade and century-long history. These creators are as passionate as any, and my goal is to allow them to focus on what they love most while using my experience and lessons learned to help guide them and protect them along the way.
Furthermore, the consumer base in this industry as we know is quite young and vulnerable. For that reason, the dangers associated with counterfeiting and infringement in the video game space are grave. Having our finger on the pulse at all times allows us to prevent bad actors from taking advantage of those who are unable to protect themselves. For me, this is the greatest motivation.
Ryan: Truly, there has been nothing more rewarding in this job than working with the extremely passionate artists, writers, and developers that we work with every single day. Seeing how excited they are to share their gifts with the world is inspiring. Seeing people who put their life savings and countless hours of blood, sweat, and tears into something, only to have it ruined by counterfeits and infringing clones absolutely breaks our hearts. As such, being able to make a meaningful difference by helping protect these incredible works is something that I can say motivates everyone at our firm each and every day.
What do your plans for the future include… 2021 and beyond?
Ali: We are fortunate to be in the position we are. So much more media is becoming digital, and so many brands are discovering this and looking to jump on board. This is something we recognize, and Ryan and I are not taking our feet off the gas. Looking to the future, Morrison Rothman is continuing to be forward-facing. We are hiring the best and brightest attorneys and support staff to be able to help support this growth and provide full service to these clients.
Ryan: This is a new and exciting world, however also a complicated and potentially very frightening legal landscape in which there have already been smaller brands that have lost what they built for a lack of proper protection. The people stealing from others on the internet are far greater than the ones putting out original content, and we are dedicated to protecting those that put so much passion and hard work into creating something great.
What is your advice for video game attorneys?
Ryan: I think it’s a bit more of general advice that could apply to a number of different areas of law, but generally, pick a practice area and really learn it backward and forward. Law school teaches you how to think like a lawyer, but it certainly doesn’t teach you how to be a lawyer. In one sense, taking a trademark course means nothing when applying for jobs; if you want to work in this space, instead of just focusing on getting that 4.0 in a class (that a thousand others have earned the same in,) go home and put in your own research.
I don’t know anyone who is successful in the space who wasn’t personally interested in it and putting in hours of personal research. Go to the trademark office’s website and watch the tutorial videos. Put in a fake application and see what the process actually looks like. That is what will separate you. Also, network. Nothing is more important than networking.
Ali: Hands down, “putting your money where your mouth is.” Invest the time to learn not only the law and the industry but also the key players. No, I’m not talking about Faker or Doublelift here but rather the proverbial players! Who is influential in your desired area? Who is making the noise, good or bad? Who would you like to mentor you? After that, make them know your name! Now that said… how you do this is crucial.
Too many cover letters in this space start with their favorite games that they grew up playing or their favorite conventions they would attend. While that’s great, and being passionate about the industry is necessary, it is not a requirement that you have to have been a die-hard gamer since you were a small child, and it certainly doesn’t separate you from the rest. Knowing the business of games is lightyears more important than knowing which powers and abilities your favorite hero possesses.
I want to know what makes you unique, why you are the one in a million candidate to stand out from the pack, and what you can do to contribute to making our firm better. How have you shown your passion and dedication to make a difference? Hint—it’s not by saying you’ve been a fan of video games since you were a kid.
How does it feel to be a video game attorney in the digital age? (at a time when streaming and technology are so prevalent)
Ali: Most attorneys will tell you no two days are the same at their job, and at our firm, that could not be more true! I’m proud of the work we do to help protect people and brands maintain financial and creative control of what they’ve built. The growth of digital has presented new challenges due to the number of “players” with skin in the game – streaming services, video platforms, game publishers, the streamers themselves just to name a few.
And we are involved in it all! It’s insanely exciting to go to work every day knowing we are shaping the future of entertainment – a future that many people have yet to even be exposed to. If they have, in most instances they are just getting their feet wet. At Morrison Rothman, we jumped in the deep end a long time ago and possess a level of comfort and knowledge that most others do not.
Ryan: It’s very exciting to work in the field we do at the time we do. We are on the precipice of a new era of entertainment. Most entertainment attorneys spend all day arguing for industry standards, but we are setting those industry standards. Additionally, with each new piece of technology comes a plethora of new legal issues.
We have been figuring those out as they come along and help our clients make the right business decisions around very complicated legal decisions, sometimes when the future standards are not clear. The most important thing we strive to do is always figure out “how,” with our clients, not just say “no” or that we don’t know because it hasn’t been done before—we figure out how to do it.
What does the word success mean to you?
Ali: Success to me comes down to happiness. Happiness for me means waking up every day and feeling like I am helping others. As lawyers, we may not be saving lives, but we are absolutely helping others fulfill their passions and lifelong dreams. Not only that, Ryan and I have built this firm in a way that values and prioritizes the happiness of our staff. Knowing that we are doing our best to create a workplace that people are excited to come to means we are doing something right. This is tremendously rewarding, and I could not ask for anything more.
Ryan: Success is not something that should be reserved to be celebrated in an isolated Malibu mansion. Success is about building something great and sustainable, while also making sure you are giving back to those who may not have had the same opportunities you did, or those who (as lawyers) can’t afford our services.
What would you like to tell our readers about Morrison Rothman?
Ryan: Whether you are an artist, a coder, or a streamer, you should talk to an attorney before hitting “go live” or publishing your first work. So many people are afraid to speak to lawyers because of cost or just the intimidation factor of calling a law firm. Don’t let that stop you from doing it! Taking care of things the right way before there is a problem is a million times easier than after something goes wrong.
Ali: Do not minimize what you are building as small as it may seem in the grand scheme of things. We know how hard you work on your business/start-up/stream/etc., and for the sake of everything you are building you should take the right steps to protect that hard work. Morrison Rothman prides itself on helping our clients navigate a complicated and rapidly changing industry in a straightforward way to best protect their individual interests – there is no one-size-fits-all approach. If something exists in digital entertainment or intellectual property (good or bad), we have seen it, and we can help you through it.
