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A Louisiana film production company, Stellarblade, is suing Sony and Shift Up, the creators of the PS5 game Stellar Blade, for alleged trademark infringement. Both companies hold registered trademarks.
The lawsuit, filed earlier this month, claims that Stellarblade's business, specializing in commercials, documentaries, music videos, and independent films, has suffered due to the game's use of a similar name. The plaintiff alleges reduced online visibility, making it difficult for potential clients to find their company amidst the game's search results.
Stellarblade's owner, Griffith Chambers Mehaffey, seeks monetary damages, attorney fees, and an injunction preventing further use of "Stellar Blade" (or variations thereof). He also demands the destruction of all Stellar Blade marketing materials.
Mehaffey registered the "Stellarblade" trademark in June 2023, following a cease-and-desist letter to Shift Up. He claims ownership of the stellarblade.com domain since 2006 and has operated his film company under that name since 2011. Shift Up registered the "Stellar Blade" trademark in January 2023, months before Mehaffey's registration. However, Stellar Blade was initially known as "Project Eve" (2019), later changing to "Stellar Blade" in 2022.
Mehaffey's lawyer argues that Sony and Shift Up should have been aware of Mehaffey's pre-existing rights. They contend that the game's success has overshadowed Stellarblade's online presence, jeopardizing the company's livelihood. The lawsuit also highlights the similarity between the logos and the stylized "S" as contributing to the confusion.
It's important to note that trademark rights can have retroactive application, potentially extending protection beyond the official registration date. The outcome of this case remains to be seen.