Trademark infighting is somewhat amusing to watch. However, there is often a subtle message in these head games.
“It’s rather amusing in a way to watch the squabbling going on over various trademarks and who has the right to use them. Not that there isn’t some validity in the whole process, but it seems it has been diluted by the petty infighting one sees today,” said David Alden Erikson, a Los Angeles business litigation attorney. Mr. Erikson specializes in Los Angeles fashion law, Internet law, business litigation, trademark and copyright law.
One first class example of a trademark spat involves the Facebook game company, Zynga. They have made it their mission to get a cease and desist order issued against game creators, Blingville, LLC. The Blingville game is in beta stage development at the moment. And the cease and desist order? Well, this may seem a bit ridiculous, but the order claims that the use of the word “ville” is a violation of Zynga’s trademarks.
“If you’re not too familiar with Zynga and their history, this might make more sense when you find out that they are well known to have copied their competitor’s games, such as Farmville. FarmVille was a close copy of Farm Town, which came first. Zynga has also been sued over another game called Mafia Wars. The game was originally created by the makers of Mob Wars, and the case just keeps on getting even more interesting,” Erikson said.
In the final analysis, Blingville LLC is not going to take this latest legal insult sitting down. They have chosen to ask for a declaration from the courts that Blingville does not infringe on any trademark. As an added measure, they want legal fees and court costs.
“It’s a case well worth watching, because it highlights how ridiculous trademark infighting has become over the years. You might not recall this, but within the last couple of years, Facebook was going to see about trademarking the term ‘face.’ An endeavor that may well be doomed to failure,” Erikson said.
To learn more about David Alden Erikson, Attorney at Law, visit http://www.daviderikson.com.