Ubisoft makes Ghost Recon. EA’s recently founded development studio is named Ghost Games. EA has filed to trademark the word Ghost as it relates to video games, and now Ubisoft has filed an official Notice of Opposition to that trademark.
EA tried to trademark the term in order to protect its Ghost Games studio, but it looks like Ubisoft takes issue with the filing because it might lead to consumer confusion. Here’s the legal text from the Opposition that indicates as much. In the text, the Applicant is EA while the Opposer is Ubisoft.
Applicant’s Mark so resembles Opposers’ GHOST RECON marks alleged herein as to be likely, when used in connection with the goods and services identified in the Applications, to cause confusion, to cause mistake, or to deceive. Consumers are likely to believe, mistakenly, that the goods and services Applicant offers under Applicant’s Mark are provided, sponsored, endorsed, or approved by Opposers, or are in some way affiliated, connected, or associated with Opposers, all to the detriment of Opposers. Registration of Applicant’s Mark, therefore, should be refused under 15 U.S.C. §§ 1052(d) and 1063.
EA has until March 9, 2016, to respond.
Now, legal battles are often legitimate, but this one seems a little silly in my mind. What consumer will look at the Ghost Games developer and assume they make Ghost Recon? I’m not sure any would… ever.
Am I crazy?