UFC suing Ubisoft over Fighters Uncaged catchphrase
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We thought that Ubisoft would be the recipient of a lawsuit over its Kinect-equipped fighting game, Fighters Uncaged, but we'd assumed said suit would have something to do with the game's near-lethal terribleness. As it turns out, the Ultimate Fighting Championship took umbrage with the game for another reason: The organization is claiming that the game's on-the-box catchphrase of "Become the Ultimate Fighting Weapon" too closely mirrors the group's name, and may cause shoppers to think they're actually purchasing an officially licensed UFC game.
The group is seeking unspecified damages from Ubisoft, as well as a ceasing of sales of the game until the offending phrase is removed from its packaging. Man, first "It's On Like Donkey Kong," and now this -- is nothing sacred anymore? We can't count the number of times we refer to ourselves in conversation as the "Ultimate Fighting Machines" or "The Kings of Ultimate Fighting." We're talking like, dozens of times per day.
The group is seeking unspecified damages from Ubisoft, as well as a ceasing of sales of the game until the offending phrase is removed from its packaging. Man, first "It's On Like Donkey Kong," and now this -- is nothing sacred anymore? We can't count the number of times we refer to ourselves in conversation as the "Ultimate Fighting Machines" or "The Kings of Ultimate Fighting." We're talking like, dozens of times per day.
Reader Comments (37)
Posted: Dec 11th 2010 12:21AM ItsameMatt03 said
That's ridiculous. People are too quick to find anything they could conjure up a lawsuit for just to get an easy buck nowadays.
Posted: Dec 11th 2010 12:26AM CypherSignal said
@ItsameMatt03
Stuff like this is actually a fairly legitimate reason for suing. If you're a company that holds IP, especially one as valuable as the "UFC" branding and trademark, you're well within your right to make sure that you own that IP as much as possible and make sure that no one leeches off of it or infringes on it. Would you object to Atvi suing EA if EA wrote "Duty calls on the field of modern warfare in Battlefield 3" on one of their game boxes?
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Stuff like this is actually a fairly legitimate reason for suing. If you're a company that holds IP, especially one as valuable as the "UFC" branding and trademark, you're well within your right to make sure that you own that IP as much as possible and make sure that no one leeches off of it or infringes on it. Would you object to Atvi suing EA if EA wrote "Duty calls on the field of modern warfare in Battlefield 3" on one of their game boxes?
Posted: Dec 11th 2010 3:12AM carmaction said
@CypherSignal Yes. I would object wholeheartedly to that. Are you serious right now?
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Posted: Dec 11th 2010 10:41AM vidguy said
@carmaction
Cypher's right here, he just didn't realize how anti-IP this board is. Why would you object to a company protecting its trademark? There are plenty of free speech protections against a trademark lawsuit (including product comparisons), but something like Cypher's example is obviously trying to profit from another company's success.
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Cypher's right here, he just didn't realize how anti-IP this board is. Why would you object to a company protecting its trademark? There are plenty of free speech protections against a trademark lawsuit (including product comparisons), but something like Cypher's example is obviously trying to profit from another company's success.
Posted: Dec 11th 2010 12:49PM carmaction said
@vidguy I manage a mom and pop gamestore. It is Christmas time. We sell close to thousands of games a day right now. Out of the dozens of people who have bought this (terrible) game approximately 0% of them were under any kind of impression that this game had any affiliation whatsoever with the UFC. This is on par with the guy who tried to sue for the word 'EDGE'.
The combination of words 'ultimate' and 'fighting' isn't the work of a brilliant wordsmith.
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The combination of words 'ultimate' and 'fighting' isn't the work of a brilliant wordsmith.
Posted: Dec 11th 2010 2:36PM vidguy said
@carmaction
The lawsuit is primarily one of trademark dilution and tarnishment, not infringement. They don't have to show any likelihood of confusion. Essentially UFC is trying to protect its right to use ULTIMATE FIGHTING in association with fighting video games and doesn't want to be associated with a (shitty) game based around illegal street fighting.
It's not so much about the words used - not every use of "ultimate" and "fighting" together will be infringement - but the way these words were used. http://kotaku.com/5711835/ufc-sues-ubisoft-over-two-words-on-the-back-of-a-bad-game
If they had been in lower case, or only ULTIMATE was capitalized, it might have been ok because there's a defense for normal kinds of use. But displaying the words prominently on the packaging leans towards use as a trademark, and that's a misuse.
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The lawsuit is primarily one of trademark dilution and tarnishment, not infringement. They don't have to show any likelihood of confusion. Essentially UFC is trying to protect its right to use ULTIMATE FIGHTING in association with fighting video games and doesn't want to be associated with a (shitty) game based around illegal street fighting.
It's not so much about the words used - not every use of "ultimate" and "fighting" together will be infringement - but the way these words were used. http://kotaku.com/5711835/ufc-sues-ubisoft-over-two-words-on-the-back-of-a-bad-game
If they had been in lower case, or only ULTIMATE was capitalized, it might have been ok because there's a defense for normal kinds of use. But displaying the words prominently on the packaging leans towards use as a trademark, and that's a misuse.
Posted: Dec 11th 2010 6:59PM swooded said
@ItsameMatt03
The problem is with trademark & copyright laws & enforcement in the end really. If you DON'T go after people for what could be seen as (even remotely) infringing on your rights, those rights degrade. Basically the courts can look at a suit down the line & say, "well you didn't care then, so you can't sue now". Realistically, the box art does call more attention to the words Ultimate & Fighting. That stuff does not happen on accident, putting those two words prominently in all caps was a conscious design choice & it doesn't take much thought to see why that choice would be made.
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The problem is with trademark & copyright laws & enforcement in the end really. If you DON'T go after people for what could be seen as (even remotely) infringing on your rights, those rights degrade. Basically the courts can look at a suit down the line & say, "well you didn't care then, so you can't sue now". Realistically, the box art does call more attention to the words Ultimate & Fighting. That stuff does not happen on accident, putting those two words prominently in all caps was a conscious design choice & it doesn't take much thought to see why that choice would be made.
Posted: Dec 11th 2010 12:23AM CypherSignal said
It's worth mentioning that the box actually writes it as "Become the ULTIMATE FIGHTING weapon". It's not just the fact that those words are there, but that they're so (Relatively) prominent that UFC is suing.
Posted: Dec 11th 2010 12:25AM (Unverified) said
wat
Posted: Dec 11th 2010 1:03AM DangerMouse001 said
@(Unverified)
Asphincter says WAAAAAAAAAAAAAAAAAAAAAAT
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Asphincter says WAAAAAAAAAAAAAAAAAAAAAAT
Posted: Dec 11th 2010 12:27AM SaltCube64 said
Just a bunch of legal roid rage.
Posted: Dec 11th 2010 12:44AM Prboi said
They don't want to lose sales because of a game like this. Although common consumers could give a shit
Posted: Dec 11th 2010 12:44AM ybfelix said
This game is so good I can't stop playin - oops, Gamestop sues
Posted: Dec 11th 2010 12:48AM mietha said
" ceasing of sales of the game "
um, how is that any different than right now? Did anyone actually buy this POS?
um, how is that any different than right now? Did anyone actually buy this POS?
Posted: Dec 11th 2010 12:48AM AMH said
anyone else waiting to see someone fight Dana White?
Posted: Dec 11th 2010 12:49AM ipsum said
I can understand the lawsuit, but why seek damages? That's just bullying and unnecessary. Have them change the catchphrase and let it go.
Posted: Dec 11th 2010 12:52AM ShadowXIII said
For a sport that is all about half-naked men on the floor sweaty dick punching each other for 30 minutes and grunting...
...they sure are sensitive.
...they sure are sensitive.
Posted: Dec 11th 2010 2:10PM Slight of Ham said
@ShadowXIII...Well, I guess we now know why you like to watch UFC.
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Posted: Dec 12th 2010 1:24AM ShadowXIII said
@Slight of Ham
Ha! Nice try, I prefer Thai Kickboxing and weapon exhibitions thanx. MMA is not my style at all.
Read closely, that's sarcasm up there...its not hard to understand, *really*...here I'll even give you a link in case your still confused.
http://www.google.com/search?hl=en&defl=en&q=define:sarcasm&sa=X&ei=gmoETZqVKZDsrQfXqfyQDw&ved=0CBIQkAE
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Ha! Nice try, I prefer Thai Kickboxing and weapon exhibitions thanx. MMA is not my style at all.
Read closely, that's sarcasm up there...its not hard to understand, *really*...here I'll even give you a link in case your still confused.
http://www.google.com/search?hl=en&defl=en&q=define:sarcasm&sa=X&ei=gmoETZqVKZDsrQfXqfyQDw&ved=0CBIQkAE
Posted: Dec 11th 2010 1:03AM Cleric said
Breaking news:
Colonel Sanders to sue UFC
Colonel Sanders to sue UFC
Posted: Dec 11th 2010 1:06AM MLC said
The game is horrible anyways. They should just cut their loss like EA did w/ Elite 11 this year.
Cease production? That shoulda already happened.
Cease production? That shoulda already happened.
Posted: Dec 11th 2010 1:08AM Lerkero said
UFC must be under the assumption that this game is popular and will make money after selling many copies.
UFC is wrong.
UFC is wrong.
Posted: Dec 11th 2010 1:49AM MasterYogurt said
@Lerkero UFC is probably aware of the fact that the game is ass-tastic and might hurt its brand or the potential sales of future releases by being so worthless.
It's not as if any games are getting lost in the Kinect shuffle - there aren't many games for it this Christmas, so SOMEONE'S gonna get this under their tree.The last thing UFC wants is to license a game just to have that guy say "I had the last one and it sucked, not getting this one."
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It's not as if any games are getting lost in the Kinect shuffle - there aren't many games for it this Christmas, so SOMEONE'S gonna get this under their tree.The last thing UFC wants is to license a game just to have that guy say "I had the last one and it sucked, not getting this one."
Posted: Dec 11th 2010 2:56AM xFSUxBatman said
As if Dana white doesn't have enough money as it is
Posted: Dec 11th 2010 3:31AM thatdude21601 said
Pretty sure UFC has a Kinect aerobics/tae bo game coming out. Don't want to confuse the fighting game with the fighting organization's dance game.
Posted: Dec 11th 2010 3:59AM CaptainProtonX said
Bitch part....people are now going to buy Fighters Uncaged because of this law suit. Which brings about the potential of even more dire consequences....a sequel.
This is exausting.
This is exausting.
Posted: Dec 11th 2010 7:52AM Milkman4321 said
Adding insult to injury. As if it weren't bad enough that it was a horrible game, the UFC has to sue because Become The Ultimate Fighting Weapon sounds to close to Ultimate Fighting Championship. :/ KFC should so them for the FC.
Posted: Dec 14th 2010 12:39AM elinajoshef said
For the first and last time ever the fans voted for the “Fight Night Bonuses” and in Dana White’s words “They blew it.”






