Kimberly Culp works with digital media, video game, and consumer products companies to resolve their high-stakes intellectual property issues. A comprehensive counsel, Kimberly is skilled at advising her clients on product and marketing issues, providing advertising law training, and establishing effective compliance programs.

Kimberly has experience advising clients on FTC regulations, the Lanham Act, California Consumer Privacy Act (CCPA), General Data Protection Regulation (GDPR), Children’s Online Privacy Protection Rule (COPPA), CAN-SPAM, Telephone Consumer Protection Act (TCPA), and California consumer and privacy laws.

When litigation is unavoidable, Kimberly has the proven experience to successfully represent her clients in all aspects of a dispute. Regardless of how the issue arises, Kimberly’s focus is on helping her clients reach their strategic business goals.

Key Areas

  • Video Games
  • Emerging Technologies
  • Digital Media

Practice Areas

  • Advertising and Marketing
  • Trademarks and Brand Protection
  • Intellectual Property

Experience & Affiliations

Representative Matters

 

Representative Counseling Matters

  • Advised eSports platform about business model and monetization options.
  • Advised gaming companies regarding influencer agreements and issues, revised agreements re same, provided trainings re same.
  • Advised digital media and video game companies regarding virtual currency and monetization issues.
  • Negotiated acquisition of video game assets for mobile game company and prepared agreements re same.

Representative Litigation Matters

Trademark, Trade Dress, Copyright, Patent, and False Advertising
  • For video game company, successfully negotiated resolution of copyright dispute.
  • For international brand, obtained favorable settlement and sanctions order against opposing counsel in trademark dispute.
  • For digital media company, successfully resolved dispute involving digital scraping before any lawsuit was filed.
  • Represented online provider of college applications in patent and Lanham Act litigation in bench and jury trials.
  • Specially advised trial team on false advertising jury instructions and briefing for Northern District of California false advertising trial.
Trade Secrets, Unfair Competition, and Commercial Litigation
  • In multi-party dispute over trade secret misappropriation of video game concept, obtained favorable settlement for accused defendant.
  • Following a bench trial in a limited liability company dispute involving interpretation of an operating agreement, settled favorably for client.
  • In breach of contract and fiduciary duties litigation with hundreds of millions of dollars at stake, obtained very favorable settlement for plaintiff on the eve of trial.
Class Action Defense
  • Defending advertising networks in class actions brought over e-mail advertising, and obtaining favorable settlements.
  • Defended multi-national brand in class action advertising dispute, which settled favorably before any discovery was exchanged.

Professional Organizations

  • State Bar of California
  • University of California, Hastings College of the Law | Board of Governors

Admissions

  • All state and federal courts in California
  • United States District Court, Eastern District of Wisconsin
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the District of Columbia Circuit
  • United States Court of Appeals for the Federal Circuit

Speaking Engagements

  • September 2019, "Games Monetizing with In-App Purchases Need to Re-Consider Their Terms of Their Games Including Children," Ganasutra
  • February 2019, "Infringement of IP Rights in Augmented and Virtual Reality," Strafford Live Webinar
  • February 2019, "How Companies Use Influencer Marketing To Grow Their Users," MobileGrowth Summit
  • January 2019, "IP Rights in Esports: Maximizing Brand Control," Stafford Live Webinar
  • October 2018, "IP Rights in Augmented Reality and Virtual Reality," Strafford Webinar
  • August 2018, "#Ad Disclosures:  Federal Trade Commission Best Practices for Brands and Social Media Influencers," ABA Webinar
  • May 14, 2018, "How to Work with Influencers to Avoid Scrutiny from Government Regulators," Pocket Gamer Connects
  • April 16, 2018, "IP and Licensing Issues in Virtual Reality," Venable's Annual Advertising Law Symposium
  • April 19, 2018, "#Ad Disclosures:  Federal Trade Commission Best Practices for Brands and Social Media Influencers," ABA 33rd Annual Intellectual Property Spring Law Conference
  • October 2017, "Ghosts in the Machinima:  Law and Culture in Augmented and Virtual Worlds," The Spangenberg Center for Laws, Technology & the Arts at Case Western Reserve University
  • October 2017, "The Future of Imagination:  Virtual Reality, Augmented Reality, and How We Shape Our World," The City Club of Cleveland
  • June 28, 2017, "6 Legal Areas No Mobile Game Developer Should Ignore," Pocket Gamer Connects San Francisco
  • May 10, 2017, "Virtual and Augmented Reality for Games & Entertainment" at LA Games Conference
  • May 6, 2017, "AR/VR 101: Where We're at and How We're Building the Future" at the TiEcon 2017 Conference
  • April 20, 2017, "Terms of Use are Only Useful if Enforced: How to Craft Enforceable Terms of Use in Mobile," Venable's Ad Law Symposium
  • April 5, 2017, "Legal Compliance…I Choose You! An IP Discussion of Augmented Reality" at the American Bar Association's 32nd Annual Intellectual Property Law Conference
  • March 17, 2017, "10 Ways to Protect Your Brand," SK Telecom Americas Innovators Accelerator
  • August 17, 2015, "The Need to Know About Native Advertising," for the San Francisco Bar Association
  • January 30, 2015, "Advertising in a Digital Age," for the San Francisco Trial Lawyers' Association
  • October 20, 2014, Bridging the Gaps: An Advertising Law Symposium Hosted by Venable LLPOctober 15, 2014, "Advertising and Privacy in the Internet Age: Guidance for On-Line Commerce," for the San Francisco Bay Area ACC Chapter and ABA Section of Antitrust Law

Honors and Awards

  • Selected to Northern California Super Lawyers® Rising Stars, 2012 - 2019
  • Selected to Northern California Super Lawyers for Intellectual Property Litigation, 2020

Publications

  • September 2019, "Games Monetizing With In-App Purchases Need to Re-Consider Their Terms if Their Games Include Children," Gamasutra
  • July 2019, "It May Be Time to Re-Evaluate How to Monetize Gaming Apps Geared Toward Kids," Gamasutra
  • January 11, 2019, What Interactive Digital Entertainment Companies Are Doing to Prepare for the California Consumer Privacy Act, Gamasutra, Kimberly Culp
  • Novewmber 26, 2018, Considerations for Obtaining Consent to Your Data Practices, Gamasutra, Kimberly Culp
  • October 25, 2018, Disclosing an Affiliation in Sponsored Gameplay, Gamasutra, Kimberly Culp
  • October 11, 2018, Game Design Considerations to Reduce Litigation Risk, Gamasutra, Kimberly Culp
  • May 12, 2018, Disclosing A Brand Affiliation In Video Content, The Social Media Monthly, Kimberly Culp
  • April 20, 2018, Lindsay Lohan Loses Right of Publicity Appeal against Grand Theft Auto, Kimberly Culp, Taylor G. Sachs, Gamasutra
  • February 2018, Filthy Lucre: Regulatory Risks of Digital Currency, Loot Crates, and Kimberly Culp, Christopher L. Boone, Evan R. Minsberg, Andrew E. Bigart, Other Video Game Monetization Strategies
  • Spring 2017, The Collision of VR, Big Data, and the Law, Vol. 4 2017 edition of the German American Chambers of Commerce’s Legal & Tax Newsletter, Kimberly Culp, Shannon K. Yavorsky
  • October 2017, Augmented Reality and Fair Use: Narrowing the Standard, Bloomberg BNA's Electronic Commerce & Law Report, Meaghan H. Kent, Kimberly Culp, Briana C. Rizzo California
  • September 27, 2017, The Collision of VR, Big Data and the LawDaily Journal, Kimberly Culp, Shannon K. Yavorsky
  • September 14, 2017, Digital Scraping Update for the Northern District of California, IP Buzz, Justin E. Pierce, Kimberly Culp
  • August 22, 2017, Candy Lab And The Changing Reality Of Augmented Reality National PaceLaw360, Kimberly Culp, Taylor G. Sachs
  • July 3, 2017, Augmented Reality Legal Issues are Very Real Intellectual Property, Shannon K. Yavorsky, Kimberly Culp
  • May 22, 2017, Regulatory Risks of In-Game and In-App Virtual Currency, Andrew E. Bigart, Kimberly Culp, Evan R. Minsberg, Digital Media Link
  • May 4, 2017, Copyright considerations for Ads Using EmojiAllAboutAdvertisingLaw.com, Kimberly Culp
  • February 1, 2017, Using Virtual Currency in Your Game Requires Compliancy Too App Developer Magazine, Kimberly Culp, Evan R. Minsberg
  • January 25, 2017, 2017 Trends in Mobile Gaming, Digital Media Link, Kimberly Culp
  • January 23, 2017, Smart Ways to Drive Traffic and Revenue to Your Video Game, Digital Media Link, Kimberly Culp, Po Yi
  • December 6, 2016, Back In the Game Patenting Video Games, IP Buzz, Kimberly Culp, William A. Hector
  • October 21, 2016, Are Your Mobile Game's Terms of Use Enforceable?, App Developer Magazine, Kimberly Culp
  • September 2016, When Can I Use a Person's Likeness in My Game?, Kimberly Culp
  • Summer 2016, New Media Affords New Ways to Deliver Advertising and Branded Content—and New Challenges California Business Law Practitioner Volume 31/ Number 3 (Summer 201, Kimberly Culp, Amy Ralph Mudge, Randal M. Shaheen
External Publications
  • World Intellectual Property Review quotes Kimberly Culp in article about AR and VR technologies used for advertising and branding.
  • Bloomberg Law, Tech & Telecom Law News quotes Kimberly Culp in article about online advertisers embracing blockchains to fight fraud.
  • LegalTchNews and Law.com quotes Kimberly Culp about intellectual property issues around AR or VR products.
  • Inside Counsel quotes Kimberly Culp on the legal challenges facing augmented reality and mixed reality
  • Inside Counsel interviews Kimberly Culp on legal issues surrounding augmented reality in video games
  • Today’s General Counsel features Kimberly Culp’s authored article
Kimberly Culp's Blog on Gamasutra https://www.gamasutra.com/blogs/author/KimberlyCulp/1012291/

Insights

11/25/20
Webinar | Advertising Your Video Game (Part 1)
11/18/20
Webinar | Is It Worth Your Effort to Create a Virtual Economy (Part 2)
11/12/20
Preparing to Sell a Video Game Studio
11/11/20
Webinar | Is It Worth Your Effort to Create a Virtual Economy (Part 1)
09/02/20
Best Practices for Marketing to Children
07/24/20
eSports Players and Teams Benefit from Negotiated Contracts
03/18/20
Refunds, Rebates, and Regrets – Why Your Terms of Service May Help You Manage the Challenge of COVID-19, But Also Might Not Be Sufficient In This Trying Time
01/21/20
Do Not Gamble with Browsewrap Terms of Use
01/03/20
Legal Issues a New Game Studio Should Consider
09/19/19
Using Influencers to Promote A Video Game
09/19/19
California’s New Law Changing the Rules for Contractors May Mean Big Changes for Indie Video Game Studios
09/12/19
The Ninth Circuit Corrects Course Regarding Federal Data Scraping Law
07/19/19
Website and App Creators Need to Consider Accessibility Standards
11/16/18
Ad Disclosures in Mobile
10/25/18
HOW TO CRAFT ENFORCEABLE TERMS OF USE AND PRIVACY POLICIES
10/10/18
Time To Rethink Your Text And Call Marketing Plan