Stellar Blade vs "Stellarblade": A Legal Conundrum

Dec 10,24

A US film production company, Stellarblade, has filed a trademark infringement lawsuit against Sony and Shift Up, the developer of the PS5 game Stellar Blade. The Louisiana-based company alleges that the game's title infringes on its existing trademark, causing damage to its business.

Stellarblade, specializing in commercials, documentaries, music videos, and independent films, claims that the similarity between the names ("Stellarblade" and "Stellar Blade") and logos has negatively impacted its online visibility, making it difficult for potential clients to find their services. The lawsuit, filed earlier this month, seeks monetary damages, attorney fees, and an injunction preventing the use of "Stellar Blade" (and similar variations). Stellarblade also demands the destruction of all existing Stellar Blade marketing materials.

The crux of the dispute lies in the timing of trademark registrations. Stellarblade registered its trademark in June 2023, while Shift Up registered "Stellar Blade" in January 2023, following the game's renaming from "Project Eve" in 2022. However, Stellarblade claims ownership of the stellarblade.com domain since 2006 and operation of its film business since 2011. The company argues that the similarity between the names and logos, particularly the stylized 'S', is confusingly similar and constitutes infringement. Their legal team contends that Sony and Shift Up should have been aware of Stellarblade's pre-existing rights.

Stellarblade's lawyer emphasized the company's long-standing use of its name and the significant impact the game's release has had on its online presence. They argue that the defendants' superior resources have essentially monopolized online search results, harming Stellarblade's business. The legal team further highlights the retroactive nature of trademark rights, suggesting that protection extends beyond the official registration date. The outcome of this lawsuit remains to be seen, presenting a complex legal battle over trademark ownership and the potential impact of established rights on larger companies.

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