Stellar Blade vs \"Stellarblade\" Lawsuit Makes It More Confusing
A Louisiana-based film production company, "Stellarblade," has filed a trademark infringement lawsuit against Sony and Shift Up, the developer of the PS5 game Stellar Blade. The suit, filed earlier this month in a Louisiana court, alleges that the game's title infringes on the film company's trademark.
Conflicting Trademark Claims
The core of the dispute centers on the similarity of the names "Stellarblade" and "Stellar Blade." Both trademarks are registered. Stellarblade, owned by Griffith Chambers Mehaffey, provides commercial, documentary, music video, and independent film production services. Mehaffey claims that Sony and Shift Up's use of "Stellar Blade" has harmed his business by reducing its online visibility. He argues that potential clients searching for "Stellarblade" are now overwhelmed by search results for the video game.
Mehaffey's legal action seeks monetary damages, attorney fees, and an injunction preventing further use of "Stellar Blade" (or variations thereof). He also demands the destruction of all Stellar Blade marketing materials. He registered the "Stellarblade" trademark in June 2023, after sending a cease and desist letter to Shift Up the previous month. He claims ownership of the stellarblade.com domain since 2006 and has operated his film company under that name since 2011.
Timeline and Arguments
Shift Up initially announced the game as "Project Eve" in 2019, changing the title to "Stellar Blade" in 2022 and registering the trademark in January 2023. Mehaffey's lawyer argues that Sony and Shift Up should have been aware of Mehaffey's pre-existing rights. The lawyer emphasizes Mehaffey's long-standing use of the name and domain, stating that the game's superior marketing resources have overshadowed the film company's online presence. They also highlight the visual similarities between the logos, particularly the stylized "S," as further evidence of infringement.
It's important to note that trademark rights can have retroactive application, extending protection beyond the official registration date. The outcome of this lawsuit will depend on the court's interpretation of trademark law and the evidence presented regarding prior use and the likelihood of consumer confusion.
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