Stellar Blade vs \"Stellarblade\" Lawsuit Makes It More Confusing
A US film production company is suing Sony and Shift Up, alleging trademark infringement regarding the PS5 game, Stellar Blade.
Trademark Dispute: Stellar Blade Faces Legal Action
Registered Trademarks at the Heart of the Matter
Louisiana-based film production company, "Stellarblade," has filed a lawsuit against Shift Up (the developer) and Sony, claiming trademark infringement. The company, specializing in commercials, documentaries, music videos, and independent films, alleges that the use of "Stellar Blade" for the video game has harmed its business. The core complaint centers on diminished online visibility; searches for "Stellarblade" are allegedly overshadowed by results for the video game.
The lawsuit seeks monetary damages, attorney fees, and an injunction to prevent further use of "Stellar Blade" (and variations thereof). It also demands the destruction of all Stellar Blade materials held by Sony and Shift Up.
The plaintiff, Griffith Chambers Mehaffey, registered the "Stellarblade" trademark in June 2023, following a cease and desist letter sent to Shift Up the previous month. Mehaffey claims ownership of the stellarblade.com domain since 2006, used in conjunction with his film company since 2011.
Mehaffey's lawyer stated to IGN that it's improbable Sony and Shift Up were unaware of Mehaffey's pre-existing rights. Stellar Blade, initially known as "Project Eve" (2019), was renamed in 2022. Shift Up registered the "Stellar Blade" trademark in January 2023, preceding Mehaffey's registration by several months.
Mehaffey's lawyer emphasized the fifteen-year use of "STELLARBLADE" and the significant impact on online search results, claiming that the defendants' actions have pushed Mehaffey's business into "digital obscurity." The similarity of logos and the stylized 'S' are also cited as contributing factors.
It's crucial to note that trademark rights can often be applied retroactively, extending protection beyond the official registration date.