‘Angry Birds’ creator angry over restaurant’s TM
The creator of mobile game “ Angry Birds” has taken a California-based eatery to court over its allegedly theft of the game’s trademarks.
In a suit, filed at the US District Court for the Central District of California, Western Division, on Thursday, June 20, Rovio Entertainment accused Angry Birdz Chicken of trademark dilution.
“Plaintiff’s ‘Angry Birds’ games, and its consumer products based on the same, as well as the reputation they have gained…‘Angry Birds’ marks have become targets for unscrupulous individuals and entities, who wish to capitalise on the goodwill, reputation and fame that plaintiff has amassed in its ‘Angry Birds’ marks,” said the suit.
Rovio said that, in February 2019, it discovered the eatery and sent a cease-and-desist letter but, since they’ve been unable to resolve the matter, the game maker has now taken Angry Birdz Chicken to court.
The wilful nature of Angry Birdz Chicken’s actions, and its “clear intent to trade off of the fame and favourable reputation” that the ‘Angry Birds’ marks have gained, is highlighted by a comparison of Rovio’s stylised version of its ‘Angry Birds’ mark to the eatery’s infringing mark, according to the suit.
In addition to impairing the distinctives of Rovio’s trademarks, the restaurant’s actions will also “cause confusion, mistake, and deceive consumers, the public, and the trade with respect to the source or origin of” the restaurants.
Rovio has asked the court to grant an injunction against Angry Birdz Chicken. It also requested the destruction of infringing goods, an award of profits and enhanced damages, and attorney’s fees.
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