The Role of a Trademark Attorney in Florida

If you own a business, getting a trademark is essential to protect your brand from competitors. However, the trademark process is complex and involves understanding intellectual property laws. A trademark attorney can guide you through this. In this guide, we’ll explain exactly how a trademark attorney in Florida can assist you.

What is a Trademark Attorney?

A trademark attorney is a lawyer who specializes in trademark law. They help businesses and individuals register and protect their trademarks. A trademark can be a name, logo, or phrase that distinguishes your products or services from those of others. 

Are the Different Types of Trademarks?

Trademarks come in several forms to protect different aspects of your brand. This includes:

  1. Word Marks: Standard text trademarks protect specific words, letters, or numbers used to identify a business. For example, the name of a product or company.
  1. Logo Marks: These include symbols, designs, or logos that represent a company. Unlike word marks, they protect the graphical representation rather than the text itself.
  1. Service Marks: Similar to trademarks, service marks are used to identify and protect services rather than products. “trademark” and “service mark” are often used interchangeably, but they serve different purposes.
  1. Shape Marks: These protect the unique physical shape of a product or its packaging. This might include a specially designed bottle or a distinctive product silhouette.
  1. Pattern Marks: This type of trademark is used when a specific design pattern, such as a distinctive fabric design, is integral to a brand’s identity.
  1. Color Marks: These are trademarks where color is used to identify the brand. A specific color or combination of colors can be trademarked if they distinctly identify the origin of goods or services.
  1. Sound Marks: Sounds can also be trademarked when they are associated uniquely with a brand, like a jingle or a set of notes.
  1. Scent Marks: Though less common, scents can be trademarked when they are used to identify the source of a product or service specifically.

How Can Trademark Attorneys Help?

Here are several ways how trademark attorneys can help you out:

  1. They Can Help You Select the Right Trademark

A trademark attorney is essential when choosing a trademark for your business. They first check if your desired trademark can be legally registered and make sure it doesn’t already exist or closely resemble another one. They also evaluate how unique and distinctive your trademark is. Unique trademarks, like specific names, logos, or phrases, are easier to protect legally, while common or generic terms are harder to defend. 

  1. They Can Help With the Application Process

Trademark attorneys also help with the application process for registering your trademark. They prepare and file the necessary documents with the trademark office. This includes detailing the specific goods or services your trademark will cover. They know how to navigate complex paperwork and legal requirements, which helps avoid delays or rejections based on technical errors. 

  1. They Respond to Refusals

If your trademark application is denied, a trademark attorney can handle the response for you. They know exactly what legal reasons and evidence are needed to challenge the decision. If the refusal is because your trademark is too similar or for other reasons, your attorney will prepare a detailed argument to convince the trademark office that your trademark should be approved. They might also negotiate directly with the trademark office. 

  1. They’ll Maintain and Enforce Your Trademark

Trademark attorneys also help maintain and enforce your trademark. Once your trademark is registered, they help protect it by managing renewal deadlines and any necessary paperwork to keep the registration active. 

For enforcement, your attorney can take legal action if someone uses your trademark without permission. They handle sending cease and desist letters, negotiating settlements, or representing you in court if needed. 

How Much Do Trademark Attorneys Cost?

Typically, you can expect to pay between $1,000 and $2,000 for basic trademark services, such as conducting a trademark search and filing a trademark application. 

More complex cases, such as handling legal disputes or extensive negotiations, can cost significantly more, often requiring hourly rates that range from $200 to $400. 


Getting a trademark is crucial for protecting your brand. A trademark attorney can help you pick the right trademark, handle the application, respond to issues, and enforce your trademark rights. 

Looking for a Trademark attorney in Florida? Contact MC and J Law today. Our experienced attorneys are ready to assist you with your trademark needs. We offer transparent pricing and dedicated support. Contact us today for more information about our services.

Do You Need to Hire a Digital Media Lawyer in Orlando?

 A lawyer and client discussing legal matters at a desk in an office.

With everything digitized, the risk of plagiarism and copyright infringement is higher than ever. With just a few clicks, anyone can publish content online. This was less of an issue in the past when traditional media like print and broadcast were more regulated and had rigorous fact-checking processes. But now, with tons of digital platforms around, it’s hard to tell what’s original and what’s copied. This blog will discuss how a digital media lawyer in Orlando can help.

What Is Digital Media?

Digital media refers to any content or media that is encoded in a machine-readable format. Examples include text, audio, video, and graphics that you can access via computers, smartphones, and other digital devices.

What Is Digital Media Law?

Digital media law covers the legal issues related to digital media use, creation, and distribution, including text, images, videos, and music. In Orlando, Florida, as well as the broader United States, these laws primarily focus on copyright protection, privacy, defamation, and intellectual property rights:

Copyright Law: In digital media, copyright laws protect the rights of creators by giving them exclusive control over the use and distribution of their works. This includes anything from written content and photographs to videos and music tracks.

Privacy Laws regulate how personal information is collected, used, and shared in the digital realm. In Florida, specific laws like the Florida Information Protection Act (FIPA) provide guidelines that businesses must follow to protect consumers’ personal information.

Defamation Law pertains to false statements made online that could harm someone’s reputation. Defamation can spread rapidly across social media and other digital media platforms. Florida law requires that a statement be not only false but also published to a third party and made negligently or maliciously to be considered defamatory.

Intellectual Property Rights: These rights include copyrights, trademarks, and patents. For example, a unique logo a digital startup uses can be trademarked to prevent other businesses from using a similar design.

What’s the Difference Between Digital Media Law and Traditional Media Law?

Traditional media like TV and radio must comply with Federal Communications Commission (FCC) regulations, which govern licensing and content standards to ensure the public interest is served. These media outlets face strict rules about what can be broadcast, especially concerning libel, slander, and privacy.

On the other hand, digital media law deals more with issues like copyright infringement, online privacy, and data protection on the internet. Anyone can publish the content quickly. It often bypasses the rigorous checks like fact-checking and legal review that traditional media undergoes. Also, digital media operates across diverse jurisdictions compared to conventional media, where content is more localized.

Do You Need to Hire a Digital Media Lawyer?

Yes, especially if you are heavily involved in creating, managing, or distributing digital content. Here’s how they can help you out:

Intellectual Property Protection: They help protect your creative works from unauthorized use and manage copyrights and licensing issues.

Regulatory Compliance: Digital media lawyers ensure your online activities comply with relevant laws, like privacy regulations, to avoid legal penalties.

Contract Management: They draft and review contracts with collaborators, advertisers, and service providers to protect your interests.

Dispute Resolution: In case of legal disputes, such as copyright infringement or defamation, a digital media lawyer can represent you in negotiations or court.


In today’s digital world, managing digital content can create legal challenges. Understanding the differences between traditional and digital media law is essential for anyone creating, using, or managing digital content.

Need to hire a digital media lawyer in Orlando? At MC & J Law, we’re experts in protecting your content and solving legal issues. Contact us for personalized legal advice and support. 

Please Don’t Stop the Music: DMCA and Twitch Takedowns

2020 has been a busy and eventful year, but on June 7, 2020, Twitch added to the list of events when they started a massive takedown for videos and streams containing copyrighted music. In this article, we will go over the Digital Millennium Copyright Act (DMCA) and why Twitch periodically goes through these takedown periods while other times they remain silent on the infringement.

So what is the DMCA?

          The DMCA was signed into law under the Clinton Administration in 1998 in order to combat rampant copyright infringement on the internet.  Copyright infringement, the act of using a work (picture, music, book, etc.) without the proper licenses or permissions, was of particular concern in the Late 90’s and early 00’s given the growing power and accessibility of the internet.  For content creators, the DMCA was an agreement between copyright holders (owners) and service providers. Copyright holders got to protect their work on any given websites, and the website/service provider did not need to worry about being held liable for the infringing content that they had no role in uploading. This compromise was summarized in one term, “Safe Harbor.”

How does Safe Harbor Work?

          There are requirements for Safe Harbor protections: the service provider must have a method to be notified of possible infringement, the copyright owner must notify the service provider of the possible infringement, and the service provider MUST take down the infringing material. After the takedown, the uploader can contest the copyright claim and if they prevail the video may be placed back on the website. This is a vital function for the service provider as failing to take down the alleged infringing content will destroy the Safe Harbor and the service provider will become liable for the infringements, possibly facing a copyright infringement suit.

What’s with the Sudden Takedowns?

            Some are wondering why now, all of a sudden, there are takedowns. Generally, it takes time for the copyright owner to discover the infringement. Whenever they discover the infringement, they send notice to Twitch and per the rules, Twitch must take the infringing work down immediately.  It’s not that Twitch has changed the rules, it’s that the holder has sent out notices on all infringing videos.  If you want to be safe here is a rule of thumb: if you don’t have sync rights (license to use) from the holder, then don’t use it. Twitch’s DMCA rules for notice have five components:

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Twitch to locate the material. Providing a link to the broadcaster’s feed and the timestamp of the particular segment of the feed at which you believe there has been an infringement is the best way to help us locate content quickly.
  3. Include a statement that: 

  • You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • The information in the notification is accurate, and a statement under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (For example, “The information in this notification is accurate, and under penalty of perjury, I am the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”)

  1. Information reasonably sufficient to permit Twitch to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted.
  2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (typing your full legal name is sufficient).

The full rules can be found at

What Can Happen if I’m Caught Infringing Another Work?

          The Penalties for copyright infringement can be hefty. §504 of the Copyright Act dictates that an infringer will pay statutory damages to the holder ranging from “a sum of not less than $750 or more than $30,000 as the court deems just.” Remember this is per infringement, so 2 videos could result in up to $60,000 in damages, so on and so forth. In December of 2019, Twitch was sued over the broadcast of English Premier League games on streams. The suit was for over $3 Billion Dollars and has not yet been resolved. This is why any time there is a notice, Twitch will take it down. Thankfully, only the owner can issue the notice and they must present proof that they are in fact the copyright owner, so no takedowns out of spite from a random competitor. However, just because your friend’s video did not get taken down does not mean yours won’t, and there is no telling how many years it may take for the notice to come in and the video to be taken down. You are also liable for those infringements in your content and you can be hit with the lawsuit even if twitch takes your video down. So, don’t get sued.

          Thankfully, there are many music creators who have blanket licenses that allow you to use their content. Some are free of charge provided you give them credit, and some are paid subscriptions. One example of a free catalogue is ninety9 lives. You can find a paid subscription at Epidemic sound. Their links are featured below.

          There are many more resources on the web for quality content you are authorized to use.  You can review the Twitch guidelines on music use here at Also, remember that buying a song off iTunes or Amazon does not give you a license to play it on your stream or in your video. Sorry.

So Here’s the Bottom Line:

          TO BE CLEAR, FAIR USE WILL NOT PROTECT YOUR USE OF MUSIC IN STREAMS OR VIDEOS.  There are a small number of particular circumstances that make this a nightmare for creators like you…and not like you… so just expect that it will not help you combat an infringement claim. In short, the DMCA is to protect authors of all works, and anytime that the copyright owner makes a claim, the alleged infringing work will be taken down, so be careful what items you use in your streams and videos. Music isn’t the only thing that can take you down.WS

The1uplawyer (Sean Mendez-Catlin)

-Follow on twitter @the1uplawyer

-Keep an eye on the Blog for more information on this and many other topics. 

YouTube and COPPA: Is it Geared to Kids or Not?

So What is All the Fuss?

Recently, there have been many YouTube videos discussing the recent changes to the YouTube platform in regards to “content geared to children.” The fuss all started when YouTube and its parent company Google were hit with a lawsuit alleging that they have violated the Children Online Privacy Protection Act (COPPA). Specifically, the suit alleged that the companies were illegally collecting the personal information of children who were watching “child-directed” videos on the platform by collecting their user data without notice to or consent from the Parents. YouTube has taken this very seriously as YouTube agreed to pay $170 million for COPPA violations.

What is COPPA?

Paragraph 10 of 15 USC 6501 states that a website or online service directed to children is a website where all or a portion of the website is targeted to attract children (a person under the age of 13). This is an incredibly vague description. In an attempt to clarify if a channel is “directed to children,” the FTC has released an advisory that sheds more light on what content may be at risk.

The FTC states that a channel owner must look to the intended audience in determining what content might be protected by COPPA. Is that audience under 13? Let’s take a look at the factors that apply.

  1. The subject matter:
    • If you are talking about the best way to file your taxes then you need not worry about COPPA as it is clear that your target audience is adults conducting adult activities. (Make sure that you are not doing this in a Barney Costume as that may be considered children directed.)
    • If you are doing a show discussing the Marvel Cinematic Universe or reviewing comic books, it will depend on many of the factors below as the topic itself may or may not be actionable.
  2. visual content:
    • Do you have children’s toys in the background? Are there children in the background? These are the factors that they will look at in determining the target audience.
  3. the use of animated characters or child-oriented activities and incentives:
    • Did you have an artist draw the Teenage Mutant Ninja Turtles playing with hot-wheels and flossing? Probably going to be directed to children.
  4. the kind of music or other audio content:
    • If you have kids’ songs, its most likely going to be geared for children.
  5. the age of models:
    • The younger the model the more directed to children.
  6. the presence of child celebrities or celebrities who appeal to children:
    • Justin Bieber in 2011? Again, most likely child directed.
  7. language or other characteristics of the site:
    • If it looks like it was written for a children’s book it will set off red flags.
  8. whether advertising that promotes or appears on the site is directed to children, and:
    • If there are children’s ads in the content.
  9. competent and reliable empirical evidence about the age of the audience:
    • If you state that you are directing to children, or the vast majority of your audience are children.

The main takeaway is that the field and the regulation is full of uncertainty. The FTC and a court always look at the “totality of the circumstances.”  Just as the phrase describes this means that they will look at everything and then make a decision. This means that although the intent of the channel owner will be taken into account, it truly DOES NOT MATTER WHAT YOUR INTENTIONS WERE IF IT LOOKS LIKE YOU WERE DIRECTING YOUR CONTENT TO CHILDREN.   Additionally, this applies equally to all platforms, YouTube, Twitch, Mixr, etc.

How Does This Affect Your Content?

The FTC does go on to give examples of channel owners who were classified as directing to children. i-Dressup was a website where children were able to play dress-up games and decorate spaces. Although the website required parental consent for users under the age of 13, it still collected user data regardless of that consent. Given the intent to allow children onto the site, COPPA applied to i-Dressup.


It is very important that every content creator understand that if you post content to YouTube, COPPA WILL APPLY EQUALLY TO THAT CONTENT AS THOUGH THE OWNER WAS POSTING ON A WEBSITE THE OWNER CREATED. Unfortunately for channel owners, this means that all YouTube has to do is inform the owner of YouTube’s policy toward child-directed content and liability will then fall solely on the owner. YouTube will simply take down the video if it violates their terms.  


There are some harsh penalties associated with violating COPPA, as i-Dressup agreed to pay $35,000 in civil penalties. The current disturbance is a direct result of the suit filed against YouTube resulting in the $170M penalty. This is a record-setting settlement and as a result YouTube changed their policies and YouTube released a video to explain the policy changes as a result of the lawsuit.  You must now

  1. Set your audience using Youtube’s system.
    • YouTube has an algorithm that will determine the audience as well, but you still must set your audience.
    • This can be at the channel level or video level.
  2. If your content is made for kids
    • These videos will no longer have comment sections.
    • The video won’t show personalized ads, lowering some channels’ revenue.
    • The Stories, community tab, and notification bell will no longer be present.
    • There will be no option to save and watch for later or save for playlist.  

The Bottom Line!

If a channel violates COPPA, it opens itself to liability and possible civil penalties. The FTC is currently looking at the application of COPPA given the advancements in internet technology. As a content creator or consumer you can make your voice heard here. To be safe, the best bet is to take a look at your content with these factors in mind, and if you have any questions speak with a legal professional in the area. There may be avenues to combat the application of this rule in court and you can check out my guide to loot box regulation here, which could be a very similar Law.


            This is a guide to a current issue in the content creation field and should not be substituted for legal advice from an experienced attorney in the field. The Post is for informational purposes only.  No Attorney-Client relationship is created from the information in this post.


Keep an eye out for further posts at MC & J Blog!!


Sean Mendez-Catlin, Esq. 


Managing Partner handling Digital Media and Entertainment Law

The Attack on Loot Boxes 10/14/2019

Loot Boxes. Whether you call them surprise mechanics or cash grabs, they are one of, if not THE, hottest topic in the games industry.  The small phrase has created a large response. Gamers have begun a hard push back against the current regime while many companies are clawing to maintain the status quo.  But, how did we get here and where are we going?

Loot Boxes in a Nut Shell

My first memory of loot boxes is from when I was a small child. Every trip to the supermarket ended with a stop at the register, where there was an assortment of multi-colored holographic playing cards: Pokémon, NBA, MLB, NHL, NFL, or Magic The Gathering were just a few of the card types that I found myself peddling on my parents’ carts (or buggy depending on where you’re from) in the hopes that they would purchase the card pack for me. Usually, it was the 10-card pack. Sometimes, I was lucky and could get the 50-card starter pack. Looking back, it is easy to see that these were in fact loot boxes. I would get my parents to spend $2.99 to give me a chance at getting a Charizard, Vanausaur, Blastoise, or that all-mighty Holographic Pikachu. If you were lucky, you got all the cards quickly, if you were less lucky, it might take several trips to the supermarket and creative bargaining with parents. Most people were not that lucky.

Fast forward to today and loot boxes have become common in almost all forms of the game market. They are especially present in the video game market. From NBA 2k to Destiny 2, there is some sort of chance mechanic, usually termed RNG. RNG refers to the random number generator that generally is utilized to determine what items a player receives from a loot box. Another theme is that you need to use some in-game currency to purchase this chance of greatness. Juniper Research estimates that Loot boxes will create a $3 billion increase in revenue in the gaming market by 2022.  The games market has high expectations for loot boxes and many triple-A titles place loot boxes into development plans.

Senator’s Proposed Bill

The financial success of the loot box system, as well as the deceptive tactics used by some game companies, has caused many governments to focus on loot boxes and their legal future.  Senator Josh Howley announced his intention to implement legislation to ban loot boxes for use in games that market to minors. There have been many evaluations of the proposed legislation.  Before we discuss those reactions, we should review the legislation. The ban would apply to games targeting players under the age of 18.  The bill attempts to describe what constitutes a game targeting players under 18. It states that you would look at the following:

“(A) the subject matter of the product; (B) the visual content of the product; (C) the music or audio content of the product; (D) the use of animated characters or activities that appeal to individuals under the age of 18; (E) the age of the characters or models in the product; (F) the presence in the product of—(i) celebrities who are under the age of 18; or (ii) celebrities who appeal to individuals under the age of 18; (G) the language used in the product; (H) the content of materials used to advertise the product and the platforms on which such materials appear; (I) the content of any advertising materials that appear in the product (J) other reliable empirical evidence relating to—(i) the composition of the audience of the product; or (ii) the audience of the product, as intended by the publisher or distributor of the product; or (K) other evidence demonstrating that the product is targeted at individuals under the age of 18.”

page 4-6 of the proposed Bill

A History of the Case Law

Clearly there are several elements evaluated to make the determination; however, I do not believe that the bill (in its current form) passes any constitutional criteria. Attorney Brandon Huffman has already detailed how the Bill likely fails any first amendment challenge in his article. In short, Attorney Huffman argued that the speech in games is protected speech. He relies on the opinion delivered by the late Justice Scalia in Brown V. EMA. The Supreme Court found that video games were protected just like violent speech in books and radio. Both of those fields have previously been attacked, and the Courts have protected the speech in their holdings.

I assert that the bill also fails a due process challenge. The bill, as constructed would fail as void for vagueness. This constitutional law concept is fairly simple, so naturally, there is a long line of cases to describe how it works. In 1926, the Supreme Court stated that “a statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application violates the first essential of due process of law.” Connally v. General Constr. Co., 269 U.S. 385, 391 (1926).

The doctrine was discussed at length in U.S. v. L. Cohen Grocery co. In that case, a law was created which made it “unlawful for any person willfully * * * to make any unjust or unreasonable rate or charge in handling or dealing in or with any necessaries; to conspire, combine, agree, or arrange with any other person * * * (e) to exact excessive prices for any necessaries. * * * Any person violating any of the provisions of this section upon conviction thereof shall be fined not exceeding $5,000 or be imprisoned for not more than two years, or both. * * *” U.S. v. L. Cohen Grocery co., 255 U.S. 81, 82 (1921).  The court found that this statute impermissibly left the determination of illegal actions in the laps of the jury. Id. at 87. The court explained that the language of the statute does not control any specific action because “It leaves open[…] the widest conceivable inquiry, the scope of which no one can foresee and the result of which no one can foreshadow or adequately guard against.” Id. at 89.  The Pacifica and Fox line of cases informed the public that the doctrine does not only apply to criminal matters, but to civil statutes as well.

In FCC v. Pacifica, The Supreme Court evaluated the constitutionality of the FCC policy in regards to Title 18 U.S.C. sec. 1464 governing obscene and indecent behavior. The case centered around the broadcast of a monologue by George Carlin that used language dealing with sex and excretion. The court there held that the FCC could limit the speech as it was not fully protected. Fast forward to 2011 and the court would again revisit this issue in FCC v. Fox.

Fox Television Stations and ABC Television had indecency complaints about three broadcasts. FCC v. Fox Television Stations Inc., 567 U.S. —-, 6.  The Court summarized as follows:

“First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the singer Cher exclaimed during an unscripted acceptance speech: “I’ve also had my critics for the last 40 years saying that I was on my way out every year. Right. So f*** ‘em.” 613 F. 3d, at 323. Second, Fox broadcast the Billboard Music Awards again in 2003. There, a person named Nicole Richie made the following unscripted remark while presenting an award: “Have you ever tried to get cow s*** out of a Prada purse? It’s not so f***ing simple.” Ibid. The third incident involved an episode of NYPD Blue, a regular television show broadcast by respondent ABC Television Network. The episode broadcast on February 25, 2003, showed the nude buttocks of an adult female character for approximately seven seconds and for a moment the side of her breast. During the scene, in which the character was preparing to take a shower, a child portraying her boyfriend’s son entered the bathroom. A moment of awkwardness  followed.”


Fox and ABC were sanctioned by the FCC for the broadcasts and sued the FCC. At the time, there was a policy in the FCC stating that if the use of expletives was “fleeting” then there was no sanction. Unfortunately, the FCC had changed the policy multiple times. In fact, just after the broadcast, the FCC determined that even a fleeting use of expletives was actionable. Id.

Justice Kennedy gave the opinion of the court which centered on the idea that “A fundamental principle in our legal system is that laws which regulate persons or entities must give fair notice of conduct that is forbidden or required” Id. at 11.  Justice Kennedy clarified further stating “[e]ven when speech is not at issue, the void for vagueness

doctrine addresses at least two connected but discrete due process concerns: first, that regulated parties should know what is required of them so they may act accordingly; second, precision and guidance are necessary so that those enforcing the law do not act in an arbitrary or discriminatory way.” Id. at 12. Kennedy also points out that where speech is concerned this principle is important to avoid vagueness that may affect protected speech. Id. The Supreme court determined that the FCC policies in conjunction with the language in the statute did not give Fox or ABC notice that a fleeting expletive or a brief shot of nudity was something that could be sanctioned. Id. at 13

So How Does That Apply To This Proposed Law?

This ruling is important to the proposed Bill. In its current iteration, it is not clear what the prohibited action would be. When I was younger, I always wanted to play Halo because my cousin always played it. He was over 18, I was not. Given the current proposed bill, Rockstar may be held liable if there are loot boxes in the game because I was attracted to the game as a minor. Nothing that Microsoft did had the intention to bring kids to the game. This vagueness even affects the concerns voiced by Brandon Huffman.  Given my example, many companies may limit their protected speech in an attempt to avoid prohibited behavior. For example, Borderlands 3, releasing in September, utilizes a loot box mechanic for its items. Given the current Bill, 2k would have to worry about whether the mechanics in Borderlands 3 would be actionable. Although the story, gameplay, concepts should not be prohibitive, the game utilizes bright saturated colors and there are characters that act childlike. This may be enough to ban the mechanic from the game. The options are either stay true to the vision of the game or limit your speech to ensure a profit. Even if you have limited your speech, you don’t know what speech is actionable.

To close, this is just this iteration of the proposed Bill: edits and rewrites may lead to a bill that is constitutional. The damage inflicted cannot be undone, so it is almost certain that there will be some sort of restriction to Loot Boxes in the coming years. We have seen the trend world-wide of strict loot box laws. Japan implemented a gacha (lootbox) law restricting complete gacha. This stated that companies could not implement multi-level/combination loot boxes, known there as complete gacha. That restriction needs to fit appropriately to the market and should not be overbroad. Recently, 2k sports released its Myteam trailer highlighting the casino-esque designs that have been added to the mode. 2k in its wisdom added a slot machine design to the mode. Although there are other gambling mechanics in the game, the aesthetic has created an uproar about gambling being promoted to children and undoubtedly has added fuel to the fire, ensuring there will be a constitutional restriction developed. With loot boxes, it is only a matter of time. The backlash in regards to the trailer was enough to cause 2k to delay parts of the mode to redesign the look of particular areas, but to be honest, it still looks like a casino.

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