EA Edges Out A Victory

EA has defeated Edge Games’ attempt to broadly assert rights in the word “EDGE” in connection with video games. Edge sued Electronic Arts for trademark infringement, alleging that EA’s use of “MIRROR’S EDGE” for video games infringed its trademark rights. EA countered that Dr. Langdell and Edge committed fraud on the USPTO by submitting false/doctored specimens of use and making false representations regarding use of its marks. The U.S. District Court for the Northern District of California denied Edge’s motion for a preliminary injunction, finding that all of Edge’s “representations regarding the validity and use of the asserted marks are infected by evidence of deceit.” Edge Games, Inc. v. Electronics Art, Inc., Civil Action No. c10-02614 WHA (N.D. Cal. October 1, 2010).

The case promptly and on October 10, 2010, the Court entered a Final Judgment (here) and an Order approving the parties’ stipulation regarding the disposition of the claims (here). In the Judgment, the Court ordered the USPTO to cancel five registrations owned by Edge. The Order required Edge to notify its licenses that the marks [sic] have been cancelled, and to provide them with a copy of the order denying Edge’s motion for preliminary injunction.