A Louisiana-based film production company, "Stellarblade," has filed a trademark infringement lawsuit against Sony and Shift Up, the developer of the PS5 game Stellar Blade. The suit, filed earlier this month in a Louisiana court, alleges that the game's title infringes upon the film company's established trademark.
Registered Trademarks at the Heart of the Dispute
The core of the dispute lies in the similarity of the names "Stellarblade" and "Stellar Blade." The film production company, owned by Griffith Chambers Mehaffey, claims its business, specializing in commercials, documentaries, music videos, and independent films, has suffered damage due to the game's use of the similar name. Mehaffey argues that the game's online presence overshadows his company's, making it difficult for potential clients to find his business online.
Mehaffey seeks monetary damages, attorney fees, and an injunction to prevent Sony and Shift Up from using the "Stellar Blade" trademark or any variations thereof. He also demands the destruction of all Stellar Blade materials in the possession of the game companies.
The lawsuit highlights that Mehaffey registered the "Stellarblade" trademark in June 2023, after sending a cease-and-desist letter to Shift Up the following month. He claims ownership of the stellarblade.com domain since 2006 and has operated his film production company under that name since 2011.
Timing and Trademark Retroactivity
Adding complexity to the case, Stellar Blade was initially announced as "Project Eve" in 2019, later changing its name in 2022. Shift Up reportedly registered the "Stellar Blade" trademark in January 2023, months before Mehaffey's registration. However, Mehaffey's lawyer argues that Sony and Shift Up should have been aware of his pre-existing rights. The lawyer also points to the visual similarities between the two logos, including the stylized "S," as further grounds for the lawsuit.
It's important to note that trademark rights can sometimes have retroactive application, extending protection beyond the official registration date. This aspect of trademark law adds another layer to the legal battle between the small film company and the gaming giants. The outcome of this case will be closely watched by the industry, as it highlights the potential pitfalls of trademark conflicts, particularly in the digital age.
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