‘Final Fantasy’ maker wins TM dispute with fashion channel
Japanese video game developer Square Enix has invalidated two trademark registrations filed by Michael Gleissner-owned fashion channel Fashion One, after it was found that the channel had acted in bad faith with the registration of two ‘parasite’-related marks.
Square Enix, best known for developing the “ Final Fantasy” video game franchise, claimed that the unregistered sign ‘Parasite Eve’ has been used throughout the UK since 1998, and it had successfully developed and promoted a number of video games under the sign ‘Parasite Eve’.
Furthermore, it claimed to be the “proprietor of the goodwill generated under such earlier sign”, according to a ruling passed by the UK Intellectual Property Office ( IPO) on Monday, March 9.
As such, the IPO found that the “contested marks would be a misrepresentation to the public and result in damage to its goodwill. Consequently, the marks should not have been registered and should now be declared invalid.”
The ruling also found that the applications were “part of a blocking strategy and the proprietor had no intention to use the trademarks in accordance with their essential function. The applicant has therefore established a prima facie case or bad faith”.
Fashion One, founded by entrepreneur and film producer, and notorious trademark applicant, Gleissner, is the owner of trademark registrations 3215628 for the mark ‘Parasite Eve’, and 3215626 for the mark ‘parasite’, the contested marks in this case, both of which were registered in 2017.
In the ruling, it was found that the applications “for a declaration of invalidity of the marks 3215628 and 3215626 are successful in their entirety under both section 3(6) and section 5(4)(a) of Trade Marks Act 1994”.
As such, the applications are deemed never to have been made, it added.
Fashion One has been ordered to pay Square Enix £4,850 ($6,2180).
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories sent like this straight to your inbox.
Today's top stories:
Sharp sues Chinese smartphone maker over 4G patents
GE and Ericsson join fees hunt for Google’s ‘royalty-free’ tech
EU’s IP action plan welcomed as a path to ‘technological sovereignty’
Already registered?
Login to your account
If you don't have a login or your access has expired, you will need to purchase a subscription to gain access to this article, including all our online content.
For more information on individual annual subscriptions for full paid access and corporate subscription options please contact us.
To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.
For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk