Saturday, June 5, 2010

EA SPORTS Active Slapped with Trademark Lawsuit [Legal]

EA SPORTS Active Slapped with Trademark Lawsuit

The Active Network has filed a trademark infringement lawsuit against EA Sports Active, alleging the fitness title's online use of scheduling and fitness goals covers purposes for which it holds the trademark "Active." 

This is an interesting development since the product has been around for a couple of years and has worldwide sales in excess of 3.5 million! I guess if they weren't successful we wouldn't see any lawsuits, plus the fact that only the EA SPORTS Active 2.0 will have the online scheduling and goal features.

Let's do a little math:
3.15 million units @ $60 = $189 million
0.46 million units @ $30 = $13.8 million
= $202 miilion in gross sales

Now they're suing in excess of $75,000 for punitive damages plus an injunction to stop selling anything with Active in the title.  Seems to me that a simple out-of-court settlement would make this little headache go away for EA.  I remember I wrote about EA SPORTS Active and within a day I was corrected on the proper trademark name for the product including using capitals for "EA SPORTS". They are unique in the sense that they have been able to bridge the gap between their console game/routines and having people go online (YouTube, Twitter, etc,) to talk and support one another. Follow Kathyrn on Twitter and use the following hasthtag (#easactive)to get a dedicated group of user. Let's see what happens with this court case.

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