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UFC parent sues Ubisoft

Zuffa claims use of term "ultimate fighting" on Fighters Uncaged packaging violates trademark.

311 Comments

A month after it released Fighters Uncaged for the Xbox 360's Kinect motion-sensing system, Ubisoft has a legal tussle on its hands. Last week, Ultimate Fighting Championship parent company Zuffa LLC filed a lawsuit in the US District Court in Nevada against the French publisher's US arm, based in California.

Fighters Uncaged has led to some lawyers being unleashed.
Fighters Uncaged has led to some lawyers being unleashed.

According to the suit, Zuffa is taking issue with Fighters Uncaged's packaging, which bears the term "ULTIMATE FIGHTING" in all capital letters on its back cover--a term that the company has trademarked. "[The] defendant's use of the ULTIMATE FIGHTING name and mark is identical or confusingly similar to the use of the UFC® marks, including the ULTIMATE FIGHTING® name and mark on Zuffa's licensed video games." THQ publishes the official UFC games and recently signed an exclusivity deal through 2018 with the company.

The suit continues, "By using the words ULTIMATE FIGHTING® and setting them all apart in capital letters, [the] Defendant is creating or attempting to create an association between its product, 'Fighters Uncaged' and the UFC®. By using the ULTIMATE FIGHTING® name and mark on its video game, [the] Defendant is attempting to trade on the goodwill of the UFC®."

Furthermore, Zuffa has taken umbrage to Fighters Uncaged's setting, which is the world of illegal street fighting. In its complaint, Zuffa lays out its years-long effort to make mixed martial arts a respected sport. It points out that when the company took over the UFC brand in 2001, MMA was banned in most states, but it's now sanctioned in 44 of the 50 states in the union.

Zuffa believes that it has suffered "monetary damages" and "irreparable injury to its business, reputation, and goodwill" as a result of Ubisoft's use of the term "ultimate fighting" on Fighters Uncaged's packaging. The company wants the publisher to be prevented from further using the term "ultimate fighting" and wants all packaging that uses the term to be destroyed. Zuffa is also seeking all profits Ubisoft may have made from the game, as well as attorney's fees, exemplary damages, compensatory damages, and triple the normal damages for trademark violation.

As of press time, Ubisoft had not commented on the complaint. For more on Fighters Uncaged, read GameSpot's full review of the game.

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Avatar image for nice2400
nice2400

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u people have no creativity or imagination -_- now on topic why would thy sue somthin so crappy tht didnt sell anyway, it should hurt ubisoft company not ufc tht the game did horribly

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Jackmac36

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@OmegaPillow I wouldn't talk when you you can't even spell. And I personally find this lawsuit a quite absurd.

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Avatar image for GingerDeadMan
GingerDeadMan

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The funny thing is the game sucked bad enough that Zuffa didn't even need to do this but it's consistent with their legal track record as a zero tolerance type.

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Cloud-Zehro

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@OmegaPillow Next time you insult the good users of Gamespot here, at least get Copyright Infringement right, there's no fridge in Infringement.

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valium88

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I've trademarked term trademark so guess I need to even pay myself for writing this. *DANG*

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bigkap

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I agree with StSk8ter29, this fully is kicking a dead dog.

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robulastage

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Three quick things. One, if my product was being associated with a terrible video game like this, I might sue, too. Two, sure the back of the box says ULIMATE FIGHTING, but does the actual UFC logo appear anywhere on the box? Three, am I alone in thinking that Zuffa is asking a little too much by asking Ubisoft to destroy all the packages using that term? I could totally understand them asking for a large cut of the profits and removing the term ULTIMATE FIGHTING from all future prints of the package, however.

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Avatar image for VivaRevolucion
VivaRevolucion

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I just had the word "The" trademarked, I'll see you all in court.

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Avatar image for erix43
erix43

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I feel that anyone who buys this game should sue for the crappy misleading statements about the game on the back cover. Yuck... this game looks like pure and utter garbage.

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Avatar image for FallenOneX
FallenOneX

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And that's why just patenting one adjective (Ultimate) to another (Fighting) is so great, they can sue just about any one that puts those two words together in a sentence.

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Avatar image for MJ12-Conspiracy
MJ12-Conspiracy

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The reviews say the game sucks so the use of the term "Ultimate Fighting" is most definitely a lie on top of being a copyright infringement. the term should have been "Substandard Fighting"

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StSk8ter29

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So first it's a bad game, then they get sued. I feel like this is kicking the dead dog.

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Avatar image for deactivated-5802d4d9371b3
deactivated-5802d4d9371b3

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@ OmegaPillow: I find it ironic as hell that you say half the kids on this page don't know what "copywritted infridgement" means. The term is "Copyright Infringement", and you would do well in the future to get your terms straight before you haphazardly point out the flaws of others. @ davidsworld3: the thing you have to remember here is that all the devs that actually worked on the game have gotten paid regardless of how well the game sells, and even though those sales are low, a large company like Ubi will have no problem supporting its employees. This is really just a slap in the face to their corporate departments and not much else.

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Avatar image for robulastage
robulastage

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@lucas182 Nike isn't a made up name. It's the name of a Greek goddess.

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-Shadowbinded-

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It's understandable that they want to sue Ubisoft, since it causes damage to the name. But consider this: how many players actually take the content seriously? Even in Assassin's Creed, which includes a whole bunch of historical events, people doubt the credibility of the content (of course, I'm not saying the entire content is factual); therefore, wouldn't the damages actually be minimum? Why go to the extremes of taking all the profits and even charging them for more? Some part of it should be way more than enough, I'd say. Some people just can't get enough... I hope Ubisoft doesn't lose.

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robulastage

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[This message was deleted at the request of the original poster]

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PsykoSnake

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All profits from the game? Well that's not gonna be much...

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goki1012

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this is unnecessary suing. so you're telling me if the game wasn't about illegal fighting, they wouldn't care about "Ultimate Fighting" being used in the BACK cover? furthermore, this game has horrible ratings so instead of destroying all the packaging of the game, just stop producing the game itself. hopefully this is a lesson for Ubisoft. and a lesson for Zuffa.

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Avatar image for Botodile
Botodile

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@Anthrizacks It's not that they put two words together, it's that they put two words together that identify an established brand, in the same format as the companies logo. I think the lawsuit is perfectly reasonable.

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Avatar image for davidsworld3
davidsworld3

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I can understand changing the term, but to demand all profits when the people that worked hard to make the game, it's like taking food out of their mouths with a knife! Screw them I hope they lose. In fact I hope they end up giving them lots of profit.

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King_Gamer19

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Well I think they are Ultimately Fighting a losing battle Wait will I get sued for this answer

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OmegaPillow

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This lawsuit sounds reasonable, its called copywritted infridgement, which half the kids that commented on this article does not know what that means.

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Avatar image for Anthrizacks
Anthrizacks

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This is absolutely ridiculous. Why people can claim rights on putting two words together is ridiculous.

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Twin-Blade

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Zuffa are the biggest copy right zealots I've heard of. They'll sue anyone they think they can. I've never seen a company so determined to hide their sport from all those that haven't paid either. How is the UFC supposed to grow if you can't view a past fight online? People won't know about it. And all the profits? Bunch of idiots.

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Avatar image for a_ndy
a_ndy

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All profits from the game? What greedy little turds.

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shawn7324

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Zuffa hate to break it to you but your reputation was fine until you filed this stupid lawsuit the game really never did anything.

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mbashour

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Epic Games should probably sue everyone who uses the word "epic." oh crap, i need to get a lawyer now.

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Avatar image for lucas182
lucas182

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WTF - i thought patents, copyrights and trademarks could not be published if it used common words, such as Ultimate and Fighting. Now, "Nike", "Adidas", etc. are all made up words and ergo make sense as copyrighted material...

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Avatar image for Colin1192
Colin1192

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"The company wants the publisher to be prevented from further using the term "ultimate fighting" and wants all packaging that uses the term to be destroyed." K, a little far, but sure I could understand that "Zuffa is also seeking all profits Ubisoft may have made from the game" LOLWUT?

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Avatar image for Adap7ive
Adap7ive

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Protecting trademarks is important: if the owner doesn't maintain its exclusivity, the mark doesn't mean anything. The 'ULTIMATE FIGHTING' on the cover does stand out, and looks similar to Zuffa's mark. Looks like Ubisoft is in trouble.

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Avatar image for daabulls23
daabulls23

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I didn't read the headline right the first time, so I thought some parent was suing cause a UFC game caused their child to kick someone.

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Avatar image for Mysterieux936
Mysterieux936

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To think that people truly believe they own words and terms is just frigging pathetic. These UFC pricks got punched in the temple one too many times.

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Avatar image for killjoydeath
killjoydeath

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Cool story Zuffa

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UnwantedSpam

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Really? Geez what a bunch of greedy pricks...

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Avatar image for No_asylum
No_asylum

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Just give them the $1 profit and be done!

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ahpuck

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another lawsuit? you don't say!

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darksidecelica

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well if you look on the back of the game case, it does say "ultimate fighting" among other things, are registered trademarks by Zuffa. So they have every right to sue. And since the box did say ULTIMATE FIGHTING on ALL of the Fighters Uncaged games, asking for ALL monetary profits from the game is not farfetched because a casual gamer (or mom) could have picked up the game thinking it was a UFC title resulting in profit loss for Zuffa, and since the game is garbage, probably ruined the customers perception of the UFC games which are great mma games, therefore resulting in "irreparable damage" to Zuffa.

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Slash_out

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I hope Ubi looses. Can't forgive them for their DRMs cr*p.

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mariomaster16

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I can't help but wonder if this has a lot to do with critic reviews? If a fighting game like this does badly, then it looks bad for all games of that genre. Even though it sold decently at first, this game got pretty bad reviews, which makes Zuffa look bad. If it had been hit, then maybe Zuffa would have tried a partnership, that made them look good and got publicity. It's about the money, and if fighting games get a bad rap, then Zuffa could lose money.

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Avatar image for fLaMbOaStiN
fLaMbOaStiN

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Pwnt.. They want all profits? lol

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Dr_McTeabag

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Ubisoft Sucks. They suck, not only balls, everything.

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Avatar image for Gelugon_baat
Gelugon_baat

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Wow, Zuffa must have been terribly offended by this game. Or maybe the UFC is just goading Ubisoft into an out-of-courts settlement, possibly involving exchanges of money and a very stern reminder that Ubisoft never, EVER make a game like this again. Like I have said before under news articles for lawsuits involving incorporated enterprises, neither party would want a court ruling that is going to crimp any future business deals.

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Avatar image for Xcite79
Xcite79

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I geez. If anything it would have boosted there sales hoping it was actually a UFC game.

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Chogyam

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UFC is lame anyway, it replaced the WWF (WWE) as the soap opera for men.

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hasancakir

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It's just some legal mambo jambo. But it is globally controversial. I know these patent/trademark laws (as an industrial designer) and if they are right about that, they'll get a slice for sure.

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DennisWZH

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@PS3gamer890: same here.

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AngryFingers

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If the game wasn't bad enough, Zuffa just had to put the nail on the coffin on this game.

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The-Longshot

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One more reason to absolutely hate the UFC. Money hungry grubbing pricks. If they were trying to make MMA respectable they wouldn't have an event every 2-4 months. In no way does this show us who the best mma fighter is its all just one big convoluted tough man contest. Most guys have a career in the ufc lasting only months because after one or two losses they never let you fight again, what kind of a career is that? Real mma happens all the time all around the world, but not always on PPV or for a title belt. If they want their belts and sport to be more respectable, they need to stop raping it for profit. If they did it once or twice a year or even bi-yearly simply to see who the best fighter in the world is, then it would be respectable. As of now, its a money hungry corporation like any other sport out there. If it was held bi-yearly fighters could come together every few years to really see who is the best. While the fighters are training and competing in other countries, much like the idea in capcom vs snk 2, "millionaire championship fighting" FTW! However instead they require their fighters to sign a contract stating they will NOT fight anywhere else in the world. Then they want to sue people over "damage to their goodwill," give me a break. If they really had goodwill they wouldn't have to worry about suing someone over the usage of the term ULTIMATE FIGHTING. LOL ufc = one BIG joke.

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Avatar image for dw9872
dw9872

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ULTIMATE FIGHTING! Damn, I just got sued.

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mrfidget

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UFC should consider that Fighters Uncaged sucks anyway and shouldn't pick on it; the UFC games are very successful and have enough money coming to them as it is.

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