EA Sues EA Over Logo

Discussion in 'User Submitted News' started by Raiser, Oct 5, 2011.

  1. Raiser
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    Raiser I am mad scientist.

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    [​IMG]
    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.[/p]
    [​IMG] Source
     


  2. naved.islam14

    naved.islam14 Gbatemp's Official Dark Knight™

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    Cool, the logos are different and almost the same at the same time
     
  3. FAST6191

    FAST6191 Techromancer

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    The aim of any good "reflected glory" logo.

    I recall various game themed battery acid over the years but I can not recall one from EA (primarily as I do not care for such things and have better things to memorise) but trademarks are a fight for it or lose it affair.
     
  4. Veho

    Veho The man who cried "Ni".

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    Really? Ripping off left and right and any way they can, I see.
     
  5. Hadrian

    Hadrian Better than Craigslist

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    Good on them, whether you like them or not their logo is their own "property" I guess and they pay to protect that logo, if someone rips it off...which they have here...then they have every right to sue.
     
  6. Costello

    Costello Headmaster

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    Veho, let's team up and sell apple juice that supposedly enlarges men's penis and women's breasts.
    we call it iJuice and stick an apple logo on the box.
     
  7. Qtis

    Qtis Grey Knight Inquisitor

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    I'm in! Also remember to mention that it boost a person's sex drive. Instant seller.


    -Qtis

    ps. Do people remember the famous "beneficial water from Iceland", which ended up being, umm.. was it New York tap water in a bottle? [​IMG]
     
  8. machomuu

    machomuu Drops by occasionally

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    I noticed this as well walking through the mall. I agree, they do need to change it.
     
  9. KingVamp

    KingVamp Great... AETHER!

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    Isn't that a lot for a logo? [​IMG]

    Does that mean no other company can use EA at all as a logo?
     
  10. shakirmoledina

    shakirmoledina Legend

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    it seems shaun has done some market research and knows what ppl want.

    its too similar, making it a little different would have been justifiable but this much similarity is not acceptable.
     
  11. TwinRetro

    TwinRetro Don't start nothin', Won't be nothin'

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    I hate EA with a passion, but the logos are way too similar to call this frivolous.
     
  12. Celice

    Celice GBAtemp Advanced Maniac

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    That design choice isn't something someone spent forever trying to make--it's a rather simple one to come to. The 'A' already has a definite, recognizable shape. If you slant the 'E' with the A, you retain that recognizable shape, and that is a pretty nifty thing which I'm sure excites some part of the recognition portion of our brains. The slanted triangular design is a natural choice pretty much anyone could have come up with.

    I can't see "they stole this" as a valid argument when it's not something hard to come up with. Along with that, they're logos are recognizably different. And the argument "we both affiliate our business with sports" is shit too--that's, like the accusation, is way too broad to indicate copy-cat tactics. No, common sense would show that the Energy Armor folks are trying to market to an audience that would make use of their wiccan-device [​IMG] Sports and major physical activities. EA tries to market a similar audience but from an entirely different standing point. Not to actually work out, but to emulate the activity through video games.

    Ripping off would be they did a Chinese bootleg, copied the exact logo, leave off a TM, or some other shit. Blatantly copy shit. Right now, EA is just being a bully to get some lunch money.
     
  13. Thesolcity

    Thesolcity Wherever the light shines, it casts a shadow.

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    EA copyrighted their exact logo, nothing else. Copyright law has been getting way too out of hand. [​IMG]
     
  14. nando

    nando GBAtemp Addict

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    the energy logo looks different enough to me, plus they aren't in the same business. i hope ea dies.
     
  15. FAST6191

    FAST6191 Techromancer

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    That they might have and indeed if it was the case they were suing for some copyrighted works I would be calling frivolous lawsuit but this is trademark law which very much encompasses "look alike" products and brand image and you pay good money to get them, often pay to maintain and there is an extremely large amount precedent to say if you do not defend it then you will lose it.
     
  16. KingVamp

    KingVamp Great... AETHER!

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    Which EA? [​IMG]

    I was thinking this.

    At the same time, I wonder if they should have just added another letter. i.e ENA or EAR [​IMG]

    Maybe they should join and just be a big promoter for sports. [​IMG]
     
  17. nando

    nando GBAtemp Addict

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    it encompasses look alikes to an extend and there is a number for that but it is subjective. something like 20 percent different. and in my opinion that logo is more than 50 percent different. the typeface is radically different, there is what appears to be a thunderbolt and the name of the company actually spelled out at the bottom so there is no confusion - "Energy Armor"
     
  18. Thesolcity

    Thesolcity Wherever the light shines, it casts a shadow.

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    Logos that look more alike than that:

    Warning: Spoilers inside!
     
  19. digipokemaster

    digipokemaster Innocent Uke

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    what is up with everyone sue over something small though can understand why i just seems stupid too me
     
  20. Astral_

    Astral_ GBAtemp elder

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    There was a similar con last year with Power Balance bracelets here in Europe, which also claimed to improve your balance and was worn by best athletes yadda yadda.
    I was utterly abashed as to how many people were convinced that the thing worked !

    Well at least they didn't rip off some multinational company's logo ^^