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]
