L.A. TECH & MEDIA LAW FIRM – Intellectual Property & Technology Attorneys

Therapeutic Video Games Startups

Therapeutic Video Games Are Growing Tech Startup Sector

As new technologies emerge, the video game startups offering therapy shows promises in both impact and revenue potential. As entrepreneurs, trademark owners, tech startups, or local business owners pioneer this exciting field, a legal strategy is necessary to ensure the brand is protected from frivolous intellectual claims.

Entrepreneurs and business owners diving into this field must consider IP rights, registering copyrights and trademarks, protecting mobile apps from cloning, drafting licensing agreements, defending companies against IP infringement, and litigating lawsuits in state and federal court. To ensure all documentation has been properly handled, startups must consult with an experienced tech attorney.  

FDA Approval For Therapeutic Video Game Startups

The digital landscape has grown tremendously as society grows more open-minded about the potential medical benefits of video game therapy for children with ADHD. FDA approved the first prescription Video game back in June 2020 called EndeavorRx and many more keep popping up such as neurofeedback technology. A new tech startup, entrepreneurs, and stakeholders looking to invest in this industry must first overcome FDA approval, prove the technology has therapeutic outcomes, receive patent protection for the video game. Due to the newness of therapeutic technology arduous scrutiny over software-based patents is common. EndeavorRx was not only a pioneering technology and startup, but its’ FDA approval and intellectual protections give it an advantage in the video game therapy niche. Working with an experienced tech startup law firm leads to not only large success but also counseling with experienced professionals who can guide and keep entrepreneurs safe in this ever-changing landscape. 

https://www.youtube.com/watch?v=jaXgGn5bnGE
FDA approves video games as therapy for treating children with ADHD. Kids are tasked to keep the focus on a moving character while distractions arise. These games are engaging unlike many ADHD exercises and treatments.

Tech Treatments in Technology Startup Innovation 

Therapeutic gaming innovations are mitigating disorders such as cerebral palsy. These tech treatments are fun and engaging for both children and adults with this condition. These games require motion-tracking video game technology, unique coding, and new innovative technologies that are beginning to be invented and refined by top professionals in the field. These video game startups have the patient practicing wrist movements, range of motion, and arm strength. The impact of these technologies is only beginning to be studied and tested by new and pioneering tech startups. This means that laws and regulations regarding this emerging field are constantly being updated and refined. It would be in the best interest if these startups protect gaming IP, company name, mobile app name, product name, and logo. Trademark registration is the single most important thing you can do to protect your brand.  

Child Playing Video Game

Emerging research suggests that commercial video game startups have potential applications in preventive and therapeutic medicine. Entrepreneurs in the field are using video games as tools of the prevention, treatment, and rehabilitation of mental health and other conditions. As exciting as this in the industry is, ensuring proper Intellectual protection is necessary to prevent copyright infringements. Through proper protection, Nintendo of America was able to protect itself from game pirate Matthew Storman who claimed to be the sole owner of the website romuniverse.com where he illegally sold Nintendo’s products. Storman is a reminder of the potential value of trademark claims in gaming publishers’ arsenals. 

 
These games caused some of the most significant legal cases in the industry. Legal issues range from copyright issues and co-founder disagreements.

Attorney for Video Game Startups

Working with an intellectual property attorney who is equipped with a profound business understanding, especially when it comes to startups specialized in-game therapy, can be the difference in the business’s ability to scale and grow or plummet due to legal lawsuits. With the emergent innovations in the video game and AI world, working with an attorney with an excellent track record is decisive. Our law firm’s background in the video games business positions enables L.A. Tech and Media Law to be in a position to protect intellectual property, help businesses avoid regulatory and compliance issues, and manage their day-to-day legal concerns so they can focus their energies on creating the next generation of therapeutic and educational games. All brand and business owners are well-advised to consult with an experienced startup attorney and intellectual property law firm in Los Angeles, New York, Atlanta, Miami, or Dallas.

The Rise of Video Game Startups

The video game industry has experienced explosive growth over the past decade, with startups playing a crucial role in driving innovation and creativity. From indie developers crafting unique gaming experiences to larger studios launching ambitious projects, video game startups are at the forefront of this dynamic market. However, navigating the complexities of this industry requires careful planning and a solid understanding of both legal and business considerations. At L.A. Tech and Media Law Firm, we focus in helping video game startups succeed by providing comprehensive legal guidance and strategic business advice.

The Booming Video Game Startups Market

Market Potential

The global video game market is expected to reach over $200 billion by 2023, driven by advancements in technology, increased accessibility, and a growing number of gamers worldwide. This expansive market offers immense opportunities for startups to capture a share of the revenue and establish themselves as key players in the industry.

Innovation and Creativity

Video game startups are known for their innovation and creativity, often bringing fresh ideas and unique gameplay experiences to the market. These startups have the agility to experiment with new concepts and technologies, setting trends and pushing the boundaries of what is possible in gaming.

Key Legal Considerations for Video Game Startups

Intellectual Property Protection

Protecting intellectual property (IP) is paramount for video game startups. This includes securing copyrights for game code, art, music, and other creative elements, as well as trademarks for brand names, logos, and slogans. Patents may also be relevant for unique technologies or gameplay mechanics. Ensuring robust IP protection helps prevent infringement and secures the startup’s valuable assets.

Licensing and Agreements for Video Game Startups

Video game development often involves collaboration with various parties, including artists, composers, and software developers. Clear and comprehensive licensing agreements are essential to define the rights and responsibilities of each party, avoid disputes, and ensure the startup retains ownership of key assets.

Video Game Startups Compliance with Regulations

The video game industry is subject to various regulations, including those related to consumer protection, data privacy, and age ratings. Startups must comply with these regulations to avoid legal issues and maintain trust with their audience. This includes adhering to the Children’s Online Privacy Protection Act (COPPA) for games targeting younger audiences and ensuring proper data handling practices.

Funding and Investment

Securing funding is a critical step for video game startups. This may involve seeking venture capital, crowdfunding, or angel investors. Each funding method has its legal implications, including the structuring of investment agreements and the protection of intellectual property. Legal counsel can help navigate these complexities and ensure favorable terms for the startup.

Business Strategies for Success

Market Research and Audience Targeting

Understanding the market and identifying target audiences are crucial for the success of a video game startup. Comprehensive market research helps startups tailor their games to meet the preferences and expectations of their audience, increasing the chances of success. This includes analyzing market trends, competitor strategies, and player demographics.

Monetization Models

Selecting the right monetization model is essential for generating revenue. Common models include free-to-play with in-app purchases, premium pricing, subscriptions, and ad-supported games. Startups should evaluate the pros and cons of each model and choose the one that aligns with their game design and business goals.

Marketing and Community Building

Effective marketing strategies are vital for reaching potential players and building a loyal community. This includes leveraging social media, influencer partnerships, and content marketing to generate buzz and drive engagement. Building a strong community around the game can lead to valuable feedback, word-of-mouth promotion, and long-term success.

Scalability and Growth

Planning for scalability and growth is essential for sustaining success in the competitive video game industry. Startups should focus on creating scalable game architectures, building strong technical foundations, and developing strategies for expanding their player base. This includes considering cross-platform development, localization for international markets, and ongoing content updates.

Challenges and Opportunities

Rapid Technological Advancements

The video game industry is characterized by rapid technological advancements, presenting both challenges and opportunities for startups. Staying up-to-date with the latest technologies and trends, such as virtual reality (VR), augmented reality (AR), and blockchain, can provide startups with a competitive edge and new avenues for innovation.

Competition and Market Saturation

The video game market is highly competitive and saturated, with numerous startups vying for players’ attention. To stand out, startups must focus on delivering unique, high-quality gaming experiences and effective marketing strategies. Differentiation through innovative gameplay, compelling narratives, and exceptional design is key to success.

Balancing Creativity and Business

Balancing creativity and business considerations is a constant challenge for video game startups. While innovation and artistic vision are critical, startups must also focus on practical aspects such as funding, monetization, and legal compliance. Striking the right balance is essential for long-term success.

Empowering Video Game Startups for Success

The video game industry offers tremendous opportunities for startups, but navigating this dynamic market requires careful planning and strategic guidance. At L.A. Tech and Media Law Firm, we are dedicated to helping video game startups thrive by providing expert legal counsel and business insights. Whether you are an indie developer or an ambitious studio, our team is here to support your journey to success. Contact us today to learn how we can assist with your legal and business needs in the exciting world of video game development.


Embarking on a journey in the video game industry can be both exciting and challenging. Reach out to our team at L.A. Tech and Media Law Firm for expert advice tailored to your unique needs and aspirations.

 
 
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Picture of David N. Sharifi, Esq.
David N. Sharifi, Esq.

David N. Sharifi, Esq. is a Los Angeles based intellectual property attorney and technology startup consultant with focuses in entertainment law, emerging technologies, trademark protection, and “the internet of things”. David was recognized as one of the Top 30 Most Influential Attorneys in Digital Media and E-Commerce Law by the Los Angeles Business Journal.
Office: Ph: 310-751-0181; david@latml.com.

Disclaimer: The content above is a discussion of legal issues and general information; it does not constitute legal advice and should not be used as such without seeking professional legal counsel. Reading the content above does not create an attorney-client relationship. All trademarks are the property of L.A. Tech & Media Law Firm or their respective owners. Copyright 2024. All rights reserved.

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