Legal Action Raises Debate Over IP In Video Games

• Published date: 30 June 2023
• Subject Matter: Transport, Rail, Road & Cycling
• Law Firm: Inventa
• Author: Mr Phillip Monteiro

Ikea, the Swedish furniture retailer with hundreds of stores around the globe, has threatened legal action against the developer of The Store Is Closed, a survival horror video game that takes place in an Ikea-like store.

The game's lone developer studio based in the UK, who goes by the name 'Ziggy', released a successful Kickstarter campaign and a trailer for the game on YouTube, which quickly went viral.

In response, Ikea's legal team sent a cease-and-desist letter, informing Jacob Shaw, the lone wolf behind Ziggy's name, that they are aware of the likeness between the store and his game.

"Your game uses a blue and yellow sign with a Scandinavian name on the store, a blue box-like building, yellow vertical striped shirts identical to those worn by Ikea personnel, a grey path on the floor, furniture that looks like Ikea furniture, and product signage that looks like Ikea signage. All the foregoing immediately suggest that the game takes place in an Ikea store."

However, the letter does not obligate Shaw to shut down his game project if he compromises himself to change the similarities within 10 days of the receipt of the letter. In a contact with the video games website Kotaku, Ikea UK said: "While we think it's flattering that others are inspired by the IKEA brand, we must be diligent to ensure that the IKEA trademarks and trade dress are not misapplied.

"Various elements of the video game currently correspond in appearance with the IKEA brand features. We've reached out to the creator of the video and asked them to make changes to those elements to ensure that this is no longer the case.

"They expressed that they understand our request and agreed to make those changes. This should all be well in time for the expected 2024 launch of the game."

The legal dispute between Ikea and Ziggy raises important questions about intellectual property rights in the gaming industry.

Video games often incorporate real-world elements, such as brand names, logos, objects and store layouts, into their games in order to create a more immersive experience for the player. While this may be seen as a form of homage or satire, it...