The Battle for Battlez: Game Company Sues EA for Trademark Infringement
Gaming company Illektron LLC alleges that Electronic Arts Inc. gained substantial profits from unfair competition and the infringement of the company's “BATTLEZ” trademark.
June 24, 2019 at 07:26 PM
2 minute read
Illektron LLC has challenged gaming giant Electronic Arts Inc. to a match in the U.S. District Court for the Northern District of California on claims of trademark infringement.
Palm Springs, California-based Illektron asserts that EA used Illektron's “BATTLEZ” trademark to label a feature in its “Plants vs. Zombies” video game, according to a complaint filed Monday. The term was first applied to Illektron's collectible card game that launched in 2003, which the company developed into a digital game five years later.
“Electronics Arts Inc. is the Godzilla of what they are,” said Fritz Clapp, Illektron's attorney practicing in Beverly Hills. “We sent them a notice of infringement, and got a nice response that said, 'Your mark is weak.' So, we're going to take it to the next step.”
Representatives from Redwood City-based EA did not immediately respond to a request for comment at the time of publication.
The complaint alleges that Illektron has boosted the name recognition of the BATTLEZ brand through Instagram and other social media engagement with fans. “Since the mark is famous, at least within the market, it triggers the anti-dilution provision,” Clapp said.
Illektron's extensive metrics—such as the number of game installs and real-time user data—might help Clapp plead the case. “If we need to demonstrate that it's a popular game, we have the numbers to pony up,” he said.
Seeking preliminary and permanent injunctive relief, the complaint claims that EA's trademark infringement has caused irreparable harm, for which money damages and other remedies are inadequate.
Illektron also argues that EA engaged in unfair competitive activities, which have likely caused public confusion, mistakes or deception in the market.
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