[URL="http://gamasutra.com/view/news/37686/EA_Sues_EA.php"]Source[/URL]
[release]Florida-based fitness supply company Energy Armor is intentionally deceiving consumers with a trapezoidal "EA" logo similar to that used by Electronic Arts, the game publisher recently told a California court.
In a complaint filed recently, Electronic Arts said that Energy Armor advertises its health and fitness products by associating them with sports and professional athletes, "which is similar to how Electronic Arts advertises and markets its EA Sports products," the complaint says.
The main export for Energy Armor appears to be its "EA wristbands," which claim to have "negative ions" infused with harvested volcanic ash. The company claims the bands enhance nerve function and improve balance and flexibility, among other health benefits.
Much of Energy Armor's advertising focuses on athletes wearing its wristbands, complete with the allegedly infringing "EA" logo. Among other partnerships, Energy Armor offers PGA golf-branded EA wristbands, which Electronic Arts says is intentionally misleading, as it also sells PGA-branded goods.
"Energy Armor's use of the Energy Armor EA Mark is likely to cause confusion, or to cause mistake, or to deceive consumers as to an affiliation, connection, or association between Energy Armor and Electronic Arts," the company wrote it its complaint.
"Indeed, consumers are likely to believe that Electronic Arts is the source of Energy Armor's EA-branded products or has authorized or licensed Energy Armor to manufacture and sell EA-branded products."
Electronic Arts says that attempts to ask the company to discontinue the use of its logo have gone unanswered.
It is now asking the court to prevent Energy Armor from using its EA mark (or any "colorable imitations") immediately, that all material bearing the mark be delivered and destroyed, and that an order be put out to the United States Patent and Trademark Office to refuse the company's pending registration for the mark.
The company is also seeking damages including but not limited to lost profits, all profits generated by Energy Armor using the logo, damages for "corrective advertising," and the entirety of its attorneys' fees. [/release]
[IMG]http://www.gamasutra.com/db_area/images/news2001/37686/EAvsEA.jpg[/IMG]
Supporting EA on this one.
I really hope EA loses this one, I fucking hate them.
Go EA!
I hope Activision loses.
Why would they intentionally try to make people think they're EA games. Do they think nerds are going to see it and be like "Oh video games!" and walk in and then buy fitness stuff?
Have to agree with Starpluck, thats just too damned similiar and obviously trying to use their name.
I hate EA, i hope EA wins.
Jesus christ, I was joking, but after reading what the fitness EA actually does - negative ions bullshit, oh god...
Ok, I hope they both lose, somehow.
[QUOTE=Meller Yeller;32637615]Why would they intentionally try to make people think they're EA games. Do they think nerds are going to see it and be like "Oh video games!" and walk in and then buy fitness stuff?[/QUOTE]
Oh my god... Super powered nerd bullies! It's the nerd take over!
It begins!...
[QUOTE=Meller Yeller;32637615]Why would they intentionally try to make people think they're EA games. Do they think nerds are going to see it and be like "Oh video games!" and walk in and then buy fitness stuff?[/QUOTE]
Madden, NCAA Football and Basketball, NBA, and PGA are all sports games pretty much recognized by all.
[QUOTE=N-12_Aden;32637617]Have to agree with Starpluck, thats just too damned similiar and obviously trying to use their name.[/QUOTE]
Well, I'd say it's different enough to be legally viable as a separate logo, but I can easily see how some people could confuse the two.
[QUOTE=Protocol7;32637657]Well, I'd say it's different enough to be legally viable as a separate logo, but I can easily see how some people could confuse the two.[/QUOTE]They can be easily confused as the logos have some strong resemblance and the whole "EA Sports" brand
It'd be pretty dumb if Electronic Arts didn't win though. Apparently, despite the massive difference between pandas (World Wildlife Fund) and the WWF, the court ruled that the WWF logo can cause confusion and they subsequently had to rename themselves to the "WWE" and had to censor all video footage that bear the "WWF" logo (on the turnbuckles, on ringside etc.)
[img]http://www.covered2go.co.uk/_assets/wwf.gif[/img]
[img]http://4.bp.blogspot.com/-RYquyyZ8JaU/Tb_Hmn2w3II/AAAAAAAAAMU/4OH_dZ29_P0/s400/WWFLogo94-98.png[/img]
Unlike the WWF, the EA logos in question look the same and EA Sports can cause confusion with it as well.
"Energy Armor"? What they sell power armors now or something?
[sp] I'd buy one [/sp]
[QUOTE=Starpluck;32637591]
The main export for Energy Armor appears to be its "EA wristbands," which claim to have "negative ions" infused with harvested volcanic ash. The company claims the bands enhance nerve function and improve balance and flexibility, among other health benefits.[/QUOTE]
If anything, they should lose because of what they make.
[QUOTE=Starpluck;32637701]They can be easily confused as the logos have some strong resemblance and the whole "EA Sports" brand
It'd be pretty dumb if Electronic Arts didn't win though. Apparently, despite the massive difference between pandas (World Wildlife Fund) and the WWF, the court ruled that the WWF logo can cause confusion.
[img]http://www.covered2go.co.uk/_assets/wwf.gif[/img]
[img]http://4.bp.blogspot.com/-RYquyyZ8JaU/Tb_Hmn2w3II/AAAAAAAAAMU/4OH_dZ29_P0/s400/WWFLogo94-98.png[/img]
Unlike the above case, these logos look the same and EA Sports.[/QUOTE]
Then yeah, I'm sure EA games will win, but like I said, the two logos are just different enough to not infringe on each other but the overall similarities with colors, shape, and the EA Sports thing, it's a pretty obvious freeride off Electronic Arts' popularity.
Do they really have any scientific grounds with all this negative ion bullshit?
Still, fair enough for EA to sue them over this one.
[QUOTE=Sparkwire;32637745]If anything, they should lose because of what they make.[/QUOTE]
I love seeing people at college wear those balance wristbands and just thinking, "this guy's a fucking dumbass."
As much as I don't like Electronic Arts, they should win this one.
Comes into thread thinking EA is suing themselves
I came in here thinking John Riccitiello had gone completely batty.
But yeah, Electronic Arts is in the right here fo sho. That's not just coincidence anymore.
Just nerds wanna get more money.
This is a case where trademarks are working the way they were meant to.
Fucking greedy fuckwits, but what can they do when that's how it works a bit
[QUOTE=tomatmann;32638512]Just nerds wanna get more money.[/QUOTE]
Just posters hopping on the EA Hate Bandwagon instead of actually seeing their point.
[QUOTE=Ylsid;32637774]Do they really have any scientific grounds with all this negative ion bullshit?[/QUOTE]
I guess people buy this shit afterall.
It's magnetic realxation matts and water improvers all over again.
[QUOTE=VaSTinY;32638658]Fucking greedy fuckwits, but what can they do when that's how it works a bit[/QUOTE]
Actually this is a genuine trademark infringement.
From a distance, I could mistake Energy Armor's logo for Electronic Arts logo.
[QUOTE=Coffee;32638691]Actually this is a genuine trademark infringement.
From a distance, I could mistake Energy Armor's logo for Electronic Arts logo.[/QUOTE]
I know what you mean, random people who don't know better would just connect it with EA being as greedy as they are :v:
negative ions
[QUOTE=Meller Yeller;32637615]Why would they intentionally try to make people think they're EA games. Do they think nerds are going to see it and be like "Oh video games!" and walk in and then buy fitness stuff?[/QUOTE]
Yes.
Oh! EA came out with a new super realistic sports game! I'm gonna hit level 30 in no time!
My mom bought me one of those things. I thought I'd try to go at it with an open mind and see if it had any truth it it. Needless to say it didn't work. It subsequently fell apart because having a rubber band on your wrist is just too tempting of a thing not to play around with all fucking day long.
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