A California court recently denied video game developer Edge Games, Inc. trademark rights to the term "Edge" as used in connection with video games.
Edge Games, Inc. had filed suit in United States District Court of the Northern District of California, San Francisco Division.
It claimed that it had trademarked the term "Edge" and so wanted to stop Edge Magazine and EA Games, maker of the Mirror's Edge game, from using that phrase. He sought injunctions and damages. Edge Games had previously sought to deny app developers the use of the term "Edge" in the names of their products as well.
However, the court found that Edge Games' assertion was overly broad and that it did not have the right to prevent other entities from using the term "Edge," even in the context of gaming.
Judging from coverage of this case that we have read, it seems the CEO of Edge Games, Inc. is quite aggressive when it comes to the use of the term "Edge." This decision shows that in this instance, he overstepped his bounds.
What this case should also illustrate is that trademark protection can be more nuanced than most people realize. Courts are willing to enforce proper trademark rights, but they do so carefully. Generally speaking, no one entity can claim exclusive use of a common or widely used phrase to the exclusion of other parties using it in a different context.
In order to secure proper trademark protection, or in order to correctly exercise your trademark rights, the assistance of an experienced intellectual property attorney could be beneficial.
Source: Game Politics, "EA convinces California Court to Cancel 'Edge' Trademarks," April 19, 2013
- For more information, you could visit the Trademark section of our website.