Gaming company sues over trademark use in mobile application

By Melody Dareing | Apr 30, 2014

A gaming company is suing another company over a trademark name.

Ultimate Arcade Inc. filed a lawsuit April 8 in the United States District Court for the Southern District of Texas Houston Division against Get Set Games Inc., citing common law trademark, service mark and trade name infringement, unfair competition and false designation of origin under the Lanham Act. 

The lawsuit states Ultimate Arcade owns the common law rights for a game called Mega Jump and has used the name since 2005. It now wants to offer it as a mobile application.

Get Set Games Inc. began using a confusingly similar mark Mega Jump for its video games in late 2010 and offers its games through various mobile applications. Get Set Games also filed an application for a U.S. trademark registration, the complaint said.

Ultimate Arcade is seeking a judgment that its launch of the mobile application doesn’t infringe on the Get Set registration, that Get Set Games be prevented from further use of the name, compensatory damages, a requirement to pay all gains, profits and advantages from use of the name, that all promotional materials relating to the game be destroyed, that their U.S. registration application be cancelled, and that they pay all court costs.

The company is being represented by Marcee G. Lundeen of Lundeen & Lundeen PLLC.

U.S. District Court for the Southern District Houston Division Case No. 4:14-CV-00942

This is a report on a civil lawsuit filed at the U.S. District Court for the Southern District Houston Division. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it represents only one side of the story.

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