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11 March 2020Trademarks

‘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).

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Copyright
10 October 2014   Japanese video game developer Square Enix, the creator of the Final Fantasy series, has brought a lawsuit against a rival company that had accused it of using copyright protected characters without permission.