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Reader Comments (54)

Posted: Oct 5th 2011 10:35PM sigma8 said

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Hm. For once, I am totally with EA. Go get 'em, EA!

Posted: Oct 5th 2011 10:42PM The 7th Number said

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@sigma8 You mean Energy Armor right? Your "EA" has caused me some confusion.
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Posted: Oct 5th 2011 10:48PM The Harbinger of Pie said

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@sigma8

Yea I hope EA loses this one.
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Posted: Oct 5th 2011 11:16PM Master Troll said

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@The 7th Number

That EA(Energy Armor) logo looks sick! EA wants it, They're trolling :)
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Posted: Oct 6th 2011 12:53AM mietha said

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@sigma8
Yeah, um, that's one they really shouldn't have much trouble winning.
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Posted: Oct 6th 2011 3:26AM Faceless Troll said

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@The Harbinger of Pie I'm sure EA will win.
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Posted: Oct 6th 2011 9:16AM Scuffles said

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@sigma8

Yeah I'm actually with EA too, probably for different reasons tho.

I wouldn't want myself to get confused and transfer my loathing of EA(the publisher) unjustly to EA(the fitness company).
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Posted: Oct 5th 2011 10:36PM Prince David said

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This actually does look like a legitimate case. The logo is quite familiar.

Posted: Oct 5th 2011 10:59PM Ruinkind said

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@Prince David

Indeed. And if Energy Armor comes out with a disgusting protein bar called Origin, I'll have even more sympathy for Electronic Arts.
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Posted: Oct 5th 2011 10:41PM joer22784 said

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Screw EA, screw origin, screw project 10th dollar, screw dragon age 2, and screw the fanboys who downvote this. I hope EA goes under whether they are in the right or not. They screw over gamers, their very own customers. kiss my balls EA

Posted: Oct 5th 2011 11:41PM Faenix said

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@joer22784

I disagree, I honestly think ubisoft screws with gamers worse with there always on DRM.

Always on DRM, and offline passes should NEVER exist.
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Posted: Oct 6th 2011 3:12AM Jordan94jb said

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@Faenix He didn't mention DRM. Ubisoft will sometimes go over the edge with DRM, but they feel they need to. EA is just a jerk company, they're up there with Activision for being a bad company.

They're destroying the gaming industry.
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Posted: Oct 6th 2011 3:28AM Faceless Troll said

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@Faenix Ubisoft won't disable all your games for connecting to the wrong server.
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Posted: Oct 6th 2011 5:57AM ComedyInK said

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@Jordan94jb

I don't know man, At least EA isn't flooding the market with FPS, at least they have some very good IP that aren't remade every year. (EXCLUDING their sport titles)

@Faceless Troll

As well as Microsoft and Sony, amiright?
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Posted: Oct 6th 2011 8:08AM TheShaper said

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@Jordan94jb
"They took our joooobs"
Grow up!
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Posted: Oct 6th 2011 2:21PM (Unverified) said

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@Faceless Troll

Somebody mad they got locked out for going on unauthorized servers during the FREE beta they didn't have to let you into?
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Posted: Oct 6th 2011 4:21PM StrangeObjective said

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@(Unverified)
What if you hit 'Join Quick Match' and you happened to end up in one of the modded servers and get banned for it.

Is that fair?
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Posted: Oct 5th 2011 10:43PM Tegolin said

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I find it quite legitimate.

Posted: Oct 5th 2011 10:45PM RickGhastly said

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I keep trying to think of a way to spin things so that EA's in the wrong, but I really can't... Kinda hurts my feelings, really.

Posted: Oct 5th 2011 10:45PM Special Agent Steve said

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More legit than the Bethesda suit.


Still love you Bethesda. Not you EA.

Posted: Oct 5th 2011 10:51PM gonintendo said

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Considering ea makes a bunch of sports games, this seems reasonable.

Posted: Oct 6th 2011 8:24AM OrangeGamer said

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@gonintendo They should just buy them out. Bam marketing. Not like EA is below that anyways
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Posted: Oct 5th 2011 10:53PM ItsameMatt03 said

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There is a win for EA. Companies should learn not to be so blatant in copying or ripping off another.

Posted: Oct 5th 2011 11:00PM vidguy said

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This is probably a loss for EA. The logos are similar, and they can make the argument that there would be confusion based on the visual look, but the trademark dispute asks whether the consumer base would be confused.

Electronic Arts is registered for "computer game software and entertainment software"
http://tess2.uspto.gov/bin/showfield?f=doc&state=4006:eonlst.2.4

Energy Armor is registered for "Magnetic bracelets for medical purposes"
http://tess2.uspto.gov/bin/showfield?f=doc&state=4002:43fjjj.2.2

Good luck proving that these are the same customers.

Posted: Oct 5th 2011 11:05PM vidguy said

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Here are the factors

1. Strength of the mark - favors Electronic Arts because they are well known
2. Proximity of the goods - favors Energy because of different markets
3. Similarity of the marks - toss up, to be determined by jury
4. Evidence of actual confusion - favors Energy because there is probably no document evidence of someone buying a wristband thinking it was sponsored by Electronic Arts
5. Marketing channels used - favors Energy because of different markets
6. Type of goods and the degree of care likely to be exercised by the purchaser - favors Energy
7. Defendant's intent in selecting the mark - ?
8. Likelihood of expansion of the product lines - favors Energy, because they probably do not intend to make game software
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Posted: Oct 5th 2011 11:58PM Coco Bananas said

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@vidguy

Ten years ago the World Wildlife Fund, a not for profit organization that protects animals, successfully sued World Wrestling Federation, a professional wrestling company, into changing the initials of their business worldwide. What the respective companies actually do is irrelevant.
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Posted: Oct 6th 2011 12:43AM ShivanSwordsman said

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@Coco Bananas

And this is why being able to stake a claim in letters is absolutely moronic. They're both named very differently. Logos? It's an E and an A in a lightning bolt form. Do you know what would happen if we went around suing everyone over initials? Please don't tell me you people are that stupid. I want EA to lose this. I really do. Not because of EA being evil (they are), but because this is just effing stupid and narcissistic.
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Posted: Oct 6th 2011 12:53AM vidguy said

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@Coco Bananas

Actually, the market in which the respective products/services are sold does matter, at least under United States trademark law. For an infringement case, the question is whether there is a "likelihood of consumer confusion." If you don't have the same consumers, that likelihood is low. This is why you could have the same name associated with different business. "Thus, Apple Computer and Apple Records can peacefully co-exist, since consumers are not likely to think that the computers are being made by the record company, or vice versa." http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm

The whole WWF thing took place under European law and was settled outside of court.
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Posted: Oct 6th 2011 1:13AM Snide Jackal said

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@vidguy
I'm no expert, but I expect a case could be made based on confusion that these energy wristbands are affiliated with EA Sports, especially since the release of EA Active games. You are right about the product categories, but there is a crossover here.
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Posted: Oct 6th 2011 8:10AM TheShaper said

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@vidguy
Loads of money to and a huge stock of shark lawyers: favors Electronic Arts. Case closed.
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Posted: Oct 6th 2011 2:25PM (Unverified) said

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@vidguy

Energy Armor markets products to athletes and sports fans (who want to dress like athletes).

Electronic Arts markets products to sports fans (often with clothing, hats, and wrist bands featuring a very similar EA logo along with a baseball/football/hockey puck background.)

I'd say they have a more than legit case in this one. And I'd say Energy Armor was more than aware of the popularity EA Sports when they chose this logo.

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Posted: Oct 5th 2011 11:04PM BPMOmega XBL PSN Steam said

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Frankly, the two logos are similar. But, really, how is Energy Armor trying to rip-off Electronic Arts' logo? They're both two letters only, and for valid reasons. I don't think Electronic Arts has a trademark on the design idea of an "E" leaning on another letter, or a trademark on a slanted"A."

They're similar, yes, but I think close enough to warrant a lawsuit. Plus, it isn't like they're even in the same market...

Posted: Oct 6th 2011 8:14AM TheShaper said

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@BPMOmega XBL PSN Steam
But they sorta have the trademark of putting those two together in italic. "cause, you know, it's their fricking logo!

Or mayber they should just go back to that ugly ass logo from the 90s, what do you think?
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Posted: Oct 5th 2011 11:05PM vellocet said

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Calling Energy Armor a fitness company is like calling MacDonald's a health food company... maybe worse at least you get something out of their salads.

Posted: Oct 6th 2011 1:15AM Snide Jackal said

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@vellocet I blame ICP for not telling people how magnets work.
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Posted: Oct 6th 2011 3:47AM Spartan050 said

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Says the Master Troll. Lol
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Posted: Oct 5th 2011 11:30PM Bombshell said

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I wonder how many lawyers work for EA.. and what their bill is at the end of the day :(

Posted: Oct 5th 2011 11:30PM INTRO said

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This is worse than the Scrolls/Skyrim lawsuit thing.

Anyway, I for one am not a fan of EA and would like EA to win this case.

Posted: Oct 5th 2011 11:31PM ColorblindMonk said

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EA? Never heard of 'em.

Posted: Oct 5th 2011 11:38PM Jason B said

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I saw a Zumba Fitness studio in Pittsburgh today.

Posted: Oct 5th 2011 11:48PM Warlock234 said

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EA is so much better than EA! I hope EA wins!

Posted: Oct 5th 2011 11:58PM DCGX said

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HA I saw one of these kiosks in the mall the other week and wondered to myself how they got away with it. I guess they haven't.

Posted: Oct 6th 2011 12:01AM Kyle4 said

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I looked at the logo before reading the headline and wondered if EA customized their logo for a new game coming out. These are really similar.

Posted: Oct 6th 2011 12:45AM joer22784 said

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Hitler at one time adopted a puppy, guess we all feel for him now and think he's not such a bad guy....

Posted: Oct 6th 2011 7:38AM eat it said

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@joer22784

Wait was there an article about how EA kills Jews and minorities, gypsies, and homosexuals? I missed that one.
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Posted: Oct 6th 2011 1:09PM (Unverified) said

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@joer22784 I say we kill all puppies just to be safe.
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Posted: Oct 6th 2011 12:53AM Tommy Gun said

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Actually I really hope Electronic Arts wins this, since "Energy Armor" is total pseudoscience, just like Power Balance and all the knockoffs.

Posted: Oct 6th 2011 1:02AM TheChezDispenser said

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It's like the jocks saw the nerds making money and tried to copy their logo; the problem with this is that the nerds probably have excellent lawyers...

Posted: Oct 6th 2011 1:08AM Trekkiker said

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They can just slant the words to the left instead of the right. Then would it be similar?

Posted: Oct 6th 2011 5:14AM Samutz said

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Crap. I got confused and pre-ordered Energy Armor's Battlefield 3.

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