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ARTICLE · 28 FEBRUARY 2017

Don't Game Your Players With False Advertising

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Advertising for new games can present some troublesome legal issues, if due care is not taken.

United StatesMedia, Telecoms, IT, Entertainment
James Gatto
James Gatto
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Advertising for new games can present some troublesome legal issues, if due care is not taken. A recently concluded matter in the UK highlights an example of the potential issues. Hello Games was investigated by the Advertising Standards Authority (ASA), based on complaints from customers that advertised features of its game (No Man's Sky) either did not actually appear in the game or did not appear in the way advertised. The ASA ruled, in this case, that the advertising was not in fact legally misleading. Notwithstanding this ruling, game publishers need to be careful when advertising new games.

The following are some examples of fact scenarios where false advertising of games have been or could be alleged, under UK or US law:

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