What do a Jacksonville, Florida, health and fitness company, Energy Armor, and national computer gaming company, EA Sports, have in common?  They are both planting a flag on the trademark, “EA.”

EA Sports claims that Energy Armor intentionally used a logo that is so similar to the EA Sports logo, that it causes consumer confusion.  The allegation is that people might think Energy Armor and its products are associated with EA Sports.

Electronic Arts, Inc. out of Redwood City, CA, owns EA Sports and its trademarked logo is primarily known for computer video games and software; their trademark registration covers their software.  In order to have a viable claim in court, EA Sports would have to allege that Energy Armor’s logo is so similar that it will confuse the video game customers.  Energy Armor primarily sells ion-filled wristbands with harvested volcanic ash that help improve nerve function, balance, flexibility and other health purposes.

EA Sport’s claims that because Energy Armor markets and associates their bracelets with sports and athletes and offers those bracelets with its partnerships, like the PGA, that it is likely to cause confusion or deceive customers into believing that Energy Armor’s EA Mark is connected to or associated with EA Sport’s video games.  In support of their claim, EA Sports has also asked Energy Armor to not only cease the use of their logo, but to deliver in any and all material that has been branded with the Energy Armor’s trademark, in order to be destroyed.  EA Sports is also asking that Energy Armor pay damages, including attorney’s fees, any amount necessary to “correct” advertising, and lost profits – those profits generated by Energy Armor for their use of the logo.

When disputes over trademark ownership arise, an experienced trademark attorney can evaluate the infringement claim, send Cease and Desist letters, negotiate settlement, or litigate the case through trial.  In the dispute over “EA,” here are the two logos; are they confusingly similar?

Filed under: Civil Litigation, Trademarks by Yau Jo-Anne Saturday, May 26th, 2012