Greenberg Glusker Secures Victory for Ironmace in Copyright Lawsuit

August 17, 2023Press Release

Greenberg Glusker is pleased to announce a significant victory in federal court on behalf of its client, Ironmace. Attorneys Aaron Moss, Josh Geller, and Emily Avazian successfully won a dismissal of the lawsuit filed against Ironmace by Nexon Games in the Western District of Washington.

The controversy stemmed from Nexon's allegations that two of its former employees, who later co-founded Ironmace, misappropriated source code to develop the breakout game, “Dark and Darker.” Despite initiating a copyright suit in Korea, Nexon sought to escalate the dispute to U.S. soil, hinging their argument on Ironmace’s intended U.S. market presence.

In a victory for Ironmace, the Court sided entirely with Greenberg Glusker's arguments. It recognized Korea as an adequate forum to handle the litigation, dismissing Nexon’s assertions about the inefficacies of the Korean judiciary. Furthermore, the Court highlighted Nexon's inconsistent positions, pointing out the company's ulterior motives for moving the case stateside, especially given the pre-existing forum selection clause in Nexon’s employment contracts. The Court expressed, “The Court is not interested in using its limited judicial resources to allow Nexon to exploit the U.S. district courts’ more permissive discovery rules in order to circumvent Korean procedural rules in the parallel litigation.”

Aaron Moss, Chair of the firm’s Litigation Group commented, “We have long maintained that the U.S. lawsuit was a heavy-handed attempt by a much larger game company to overpower its smaller competitor. We are gratified that the Court recognized Nexon’s litigation tactics for what they were and fortunately, Nexon’s bullying approach to litigation did not succeed. We are pleased that Ironmace has been able to bring Dark and Darker to a global audience through its early access release on August 7, and are hopeful that, with this ruling, Dark and Darker will be able to return to U.S.-based gaming platforms soon.”

About Greenberg Glusker

Greenberg Glusker is a full-service law firm in Los Angeles, California with clients that span the globe. For 65 years, the firm has delivered first-tier legal services, rooted in understanding clients' intricate business needs and personal concerns. With tailored solutions driving outstanding results, we go beyond the practice of law; we become committed partners in our clients' success. Our Video Games, Streaming & Esports group represents major game publishers and developers, as well as top esports athletes and team owners, high-profile streamers and influencers in all aspects of their business and personal needs, including player and streamer contracts, sponsorships and endorsements, rights of publicity, copyright and trademark protection, IP and business litigation, and outside general counsel advice.