Atari sues Redbubble for trademark and copyright infringement
Video game brand Atari is taking on online retailer Redbubble for selling counterfeit and copyright-infringing products.
Atari filed its claim at the US District Court for the Northern District of California, San Francisco Division on Monday, June 11.
The video game brand was founded in the early 1970s and has developed well-known video games, such as “Pong”, “Breakout” and “Asteroids”.
“Atari became known to relevant consumers and the public at large by its inherently distinctive trade name, as well as its inherently distinctive A-shaped or ‘Fuji’ logo design,” said the claim.
Atari obtained US registration number 4,214,210 from the US Patent and Trademark Office (USPTO) for the ‘Atari’ trademark. The trademark is used in connection with, among other things, “printed matter, namely posters, stickers” and clothing.
It has also registered the name ‘Pong’ as a trademark at the USPTO in connection with the same goods and services under registration number 4,324,638.
The brand also owns copyright registrations for video games including “Centipede”, “Asteroids”, “Pong” and “Breakout”.
Atari claimed that it has marketed, promoted, licensed and sold products under its name and logo for more than four decades.
The lawsuit alleged that through “extensive and continuous promotion and sales, unsolicited press, and word of mouth”, Atari owns the common law rights in various trademarks and trade dress, including the ‘Atari’ name and logo.
According to the claim, visitors to Redbubble can upload designs which the website can then display on a variety of apparel, such as t-shirts and phone cases. Redbubble splits the profit with the individual who uploaded the design when an item displaying it is purchased.
Atari alleged that Redbubble is “advertising, marketing, creating, displaying, offering for sale, selling, distributing, and profiting from massive quantities of counterfeit Atari products”.
The allegedly counterfeit items include t-shirts displaying the ‘Atari’ and ‘Pong’ trademarks, and copyright-protected images depicting the “Centipede”, “Breakout” and “Asteroids” games.
Atari alleged that the infringement is wilful and that it has suffered financial damage due to Redbubble diverting profits from the sale of authentic Atari goods.
Atari is seeking a permanent injunction preventing Redbubble from designing and selling goods displaying its IP, and damages no less than $150,000 per registered copyright and no less than $2 million per registered trademark.
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