Electronic Arts suing Energy Armor

[PurpleGaga27 40]

EA Sues EA - by Frank Cifaldi

October 4, 2011

 

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.

 

Source: http://gamasutra.com/view/news/37686/EA_Sues_EA.php

 

Logo confusion:

 

IMO, no other company should copy original EA's work. The original EA shall win.

[Plok 327]

EA vs. EA. I hope EA wins.

[Doctor Destiny 41]

If anyone got the Energy Armor logo confused with Electronic Arts, they deserve to lose their money. This is like Sega suing the Sonic drive-in fast food chain years ago for "deceptive advertising." I hope EA (you know which one) loses this fight so they'll just shut up, go back to making mediocre games and making more than enough scratch. Electronic Arts needs to get over themselves.

[Luk3us 63]

Its no coincidence the company just happened to design their logo like that, will it help them sell their products maybe, maybe not. But its still a dick thing to move stealing someone else's logo. They should jsut change the logo and be done, but EA being greedy pricks now what all their money and various 'damages', please.

[Sonic 296]

Come on you have to admit the logos look damn similar. In the end all Electronic Arts is doing is protecting their intellectual property. Their logo is a trademark, this other EA looks far to similar so its infringing on Electronic Arts' property. Electronic Arts legal probably sent them heaps of warning letters, if they go ignored you have no choice but to take legal action.

 

Oh and they only reason your hearing about this is because Electronic Arts is the so call big evil corporate media giant. **** people take legal action against other all the time, you just don't hear about them all.

 

For some reason, I recall the World Wildlife Fund VS Word Wrestling Federation case from a few years back. And the use of the "WWF" name. Guess who won that. Looking back on that the now WWE didn't exactly put up much of a fight in the end and surrendered the name WWF far to easily. They took a lot of flak from fans because of it.

 

 

But I do remember the WWE putting their spin it....

 

[Doctor Destiny 41]

Electronic Arts? Sending warning letters? Yeah right. They probably found it, called them, Energy Armor said **** off so Electronic Arts decided to sue. Companies have similar initialisms. It's a fact of the business world. How the hell can you even trademark letters?

[Sonic 296]

How the hell can you even trademark letters?

Well you can't... can you? I honestly don't know. But in this case Energy Armor's logo looks like Electronic Arts's logo.

 

Go to http://www.energy-armor.com and read about the products they sell. Those stupid rubber wristbands that supposedly improve your fitness and balance. What a load bull****!

Some shut these con artists down quick! Does anyone seriously believe a fancy rubber band around your wrist can do what they say it does?

 

I'm just trying avoid this becoming a dump **** all over Electronic Arts thread because that's where it's heading. Why do people have to that all the time. I'm not saying they are greatest company in the world, any C&C fan should thank them, without them C&C would have died many year ago. That's how I see it anyway

[Luk3us 63]

It's a fact of the business world. How the hell can you even trademark letters?

 

Its not the letters per say, its the overall design.

[Inferno 22]

The general idea is to avoid confusion for the consumer, not to protect certain companies.

[Plok 327]

The general idea is to avoid confusion for the consumer, not to protect certain companies.

Electronic Arts wouldn't make strange moves like C&C 4 if they even cared for the customer But that's another story

[Malevolence 6]

EA prevails! Gosh, is it by any chance those logo designers "inspire" from another used logo and hope they wont get caught?

[Inferno 22]

Electronic Arts wouldn't make strange moves like C&C 4 if they even cared for the customer But that's another story

I mean brand law is, I wasn't talking about EA's interest.

[Doctor Destiny 41]

Well you can't... can you? I honestly don't know. But in this case Energy Armor's logo looks like Electronic Arts's logo.

In this case, they look similar, although Energy Armor's is much ****tier. However, my point is that companies have the same initialisms quite often so you're going to have the same letters representing the company. Invariably, someone might even have a similar logo design. Whether Energy Armor purposefully used the same style is probably up for debate, but it doesn't negate my point. Look at the WWF vs WWF fiasco years ago. Neither had to budge. Why can't two distinct entities with different logos use the same initialism?

 

Granted, this EA vs EA debacle is open and shut, but I side with neither company on this one. Our EA definitely was not losing money from the stupid EA using a strikingly similar logo. If you confuse the products, you're an idiot. It's up to the consumers to ensure they're not being idiots, but I know this is extremely difficult for many people.