DLA Piper secures infringement judgment for Genshin Impact and HoYoverse

DLA Piper secured judgment on behalf of video game publisher Cognosphere Pte., Ltd. (d/b/a HoYoverse), establishing infringement of HoYoverse’s intellectual property rights. This judgment demonstrates that legal avenues are effective in protecting game integrity against those who seek to disrupt it through infringement.

HoYoverse is a global interactive entertainment brand that has published popular video game titles including Genshin Impact, Honkai: Star Rail, and Zenless Zone Zero. The defendant is a self-proclaimed game hacker and co-developer of cheat software used to modify the Genshin Impact game.

The plaintiff alleged that the defendant’s cheat software infringes HoYoverse’s copyright in Genshin Impact and violates technological protection measures (“TPMS”) contrary to the Copyright Act. The judgment awards HoYoverse $1.5M in damages and enjoins the defendant from further infringement.

This case demonstrates that video game publishers have recourse against those who fail to respect their intellectual property rights in Canada and establishes a path to proceed against those who take advantage by undermining the efforts and fair play of game developers and other players. The significant damages awarded should serve as a deterrent to would-be infringers, establishing that they face significant legal consequences for their actions. “Game developers and publishers work hard to make online games safe, fun, and rewarding experiences for those who play by the rules,” says Ryan Black, Global Pillar Co-Lead for DLA Piper’s Video Games and Interactive Entertainment practice. “We are glad to demonstrate the legal mechanisms available to stop those who damage games by breaking gameplay through infringement” added IP litigation Partner, Bentley Gaikis.

The DLA Piper Canada (LLP) team representing Cognosphere was led by Bentley Gaikis, Ryan Black, and Sangeetha Punniyamoorthy, and included Tyson Gratton and David Lafontaine.