| Matt Fleming |
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My mind: it is blown.
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| Jeffrey Crenshaw |
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Okay, _this_ is an example of trademark infringement, and what trademark laws are supposed to protect against: overt resemblance in text and design of an entire company logo intended to profit off of brand recognition and good will earned by another company. Not innocently using a single common noun as the title of a single product that is _part_ of a larger trademarked title. Zenimax/Bethesda's lawyers would do well to pay attention.
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| Robert Green |
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Suing for trademark infringement seems fair, but why not go all the way and just sue them out of business for making fraudulent claims like "the bands enhance nerve function and improve balance and flexibility, among other health benefits"?
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| Luke Quinn |
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Wait... Does this mean that Electronic Arts didn't get any money from my EA branded magic sweat bands?
This is an outrage! Those unscrupulous corporate fat-cats have to feed their children too. Surely there is a mutually profitable way to settle this without destroying the lives of innocent scam artists. Why not have Energy Armour products feature in game as wearable items. Imagine jumping into Mass Effect 3 and dropping 200 credits on an EA 'wellness' enhancer and then equipping it to your body armour for a handy dandy -3 bonus to your Intelligence stat. |
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| Alex Leighton |
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A lawsuit that isn't completely bogus, I never thought I would see the day.
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| Joe kennedy |
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I'm surprise we didn't see a similar lawsuit for Modern Warfare, just look at these 2 links:
The dvd collector set: http://www.google.com/imgres?q=modern+warfare+dvd&um=1&hl=en&clie nt=firefox-a&sa=N&rls=org.mozilla:en-US:official&channel=np&biw=1 280&bih=681&tbm=isch&tbnid=Sw5G2I2dnlEfGM:&imgrefurl=http://www.a eropause.com/2010/01/look-its-not-modern-warfare-2/&docid=Pq79Vb4 Bgd79JM&w=562&h=750&ei=IMmLTobpFoPnsQLS4eSXBA&zoom=1&iact=rc&dur= 377&page=2&tbnh=146&tbnw=108&start=24&ndsp=19&ved=1t:429,r:9,s:24 &tx=58&ty=46 and the Video game game cover ala infinity ward: http://www.google.com/imgres?q=modern+warfare+dvd&um=1&hl=en&clie nt=firefox-a&sa=N&rls=org.mozilla:en-US:official&channel=np&biw=1 280&bih=681&tbm=isch&tbnid=Owax8jPhjVo1TM:&imgrefurl=http://megap chardware.com/zencart/index.php%3Fmain_page%3Dproduct_info%26cPat h%3D45%26products_id%3D3022&docid=s6F1ptCLUm1F4M&w=230&h=327&ei=I MmLTobpFoPnsQLS4eSXBA&zoom=1&iact=hc&vpx=336&vpy=174&dur=3372&hov h=261&hovw=184&tx=108&ty=147&page=2&tbnh=146&tbnw=102&start=24&nd sp=19&ved=1t:429,r:7,s:24 |
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| Abraham Tatester |
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Would have been nice to see the reporter seek comment from "the other" EA. If not for journalism's sake, then just for kicks.
I'm no fan of EA, but jeez, this is ridiculous! Go get 'em, guys! |
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| richard mayok |
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Ridiculous,what was Energy Amour thinking, that they'll just walk, i would appreciate their creativity if they had struck a deal with Electronic Arts, i can't believe we are still experiencing such bogus conduct looking at how far we have come!!
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| Jeremy Reaban |
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Coming soon to all EA Sports games - "negative ion wrist bands infused with volanco ash" as DLC. Only $5 to boost your stats (well, in a video game it actually does something)
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| Jen Hamilton |
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I think Gatorade might want to sign on with the lawsuit as well. They have every right to be sued. If you can't come up with your own logo/brand, you probably should not be in business. Leveraging the hard work people put in to create something iconic is fundamentally wrong.
Agreed Abraham! |
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| Steven An |
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Haha OK I'll give them my blessing on this one.
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| Michael Joseph |
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How many here were confused by the two logos?
I wasn't. I mean the one has "Energy Armor" at the bottom. What the company produces or the claims they make regarding their products seem irrelevant. I think if you saw Energy Armor's logo in the wild you would not be fooled... How similar is too similar? http://rivals.yahoo.com/ncaa/basketball/blog/the_dagger/post/Are- Southern-Miss-and-Iowa-s-logos-too-similar-?urn=ncaab-wp4091 ok this one is pretty laughable... the colors arent even the same and they're completely different words http://www.postandcourier.com/news/2009/mar/07/its_big_guy_vs_lit tle_guy74198/ http://allthingsd.com/20091005/apple-woolworths/ http://thefinancialbrand.com/3835/aloha-air-force-fcu-logos/ Joomla vs GlobalGiving? (no lawsuit but...) http://www.globalgiving.com/index.html here's a whole bunch http://www.logodesignlove.com/similar-original-logos I think it's entirely possible Energy Armor came up with their logo design without intentionally trying to copy anyone else. It seems rediculously easy to accidentally produce a logo that resembles someone elses because there are a TON of businesses out there and a TON of logos. Good luck to you when you start some company and have to come up with a logo that isn't being used anywhere else. I think trademarks are important especially when trying to defend against obvious scammers and counterfeiters like Folex watches, but I seriously doubt Energy Armor is trying to misrepresent itself or its products to consumers as made or approved by Electronic Arts. |
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| Fred Marcoux |
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you have to wonder how this Energy Armor thought they could get away with this... I mean it's so blatant...
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| William Barnes |
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Trademark law states brands can prevent others from using their name if there is a possibility that consumers will be confused, as long as the names are in the same field or industry.
As they are not exactly in the same field or industry, EA Games may not have a real case... except perhaps as they argue it. We don't need scam products anyway. |
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