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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 shawnyboy95
shawnyboy95

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[QUOTE] 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. [/QUOTE] Isn't that going a little to far? Just ask them to change the damn box and pay the bill, jeez.

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Avatar image for dylan417
dylan417

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Greedy SoBs

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mariomaster16

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I believe in obeying the law and all, bu this is a little ridiculous. Is it really that big of a deal? If anything, having the logo on a game that sold pretty well would be a good thing. A simple request to change the logo might have been wiser move politically; this way Zuffa just looks lawsuit crazy, and that's not very good for their image. God forbid you get illegally downloading a UFC game, they might have you hanged. XD

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Avatar image for OGKNav
OGKNav

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From now on, the words "Ultimate" and "Fighting" can be no less than 7 words from each other.

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Avatar image for DPumbliQ
DPumbliQ

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dmanndemon - Dude... Did your fingers by any chance go jogging before they wrote that post?

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maxburg

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i dunno, sue everybody!

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Avatar image for unbentonslaught
unbentonslaught

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Good luck with that lawsuit.

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Avatar image for dmanndemon
dmanndemon

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The law is the law...........I LOVE these games.......but they infringed on any copyrights or patents....its......ok......it'll be settled out of court......no harm no foul.....it happens daily in the video game business.....usually never gets to this level........it is what it is folks.....they'll hammer it out, and in the end.....we the GAMERS......will win.......

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Avatar image for Ivory-Dynamite
Ivory-Dynamite

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I believe Zuffa does own Ultimate Fighting as a trademark but I think they are asking to much for it.They could have asked them to remove the UF from future packaging.It makes Zuffa Inc seem like a bunch of A holes instead of somebody trying to defend their brand.

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Avatar image for ThunderLips7
ThunderLips7

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"Monetary Damages"? "IRREPARABLE INJURY to its business, reputation, and goodwill"? You're joking, right? I mean, I could see Ubi having to change the boxes and pay a fine, but having to pay ALL of the profits from the game, PLUS (triple for the TM) damages and fees?! It just said ULTIMATE FIGHTING on the back cover. It's not like they called the game UFC Uncaged. The Courts should make them change the box and pay the trademark fees. Throw the rest out.

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Avatar image for leviathanwing
leviathanwing

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@gangster480 its stupid because of what theyre asking for... the idea that the game sold solely on the idea of a connection to a barbaric 'sport' because of the term ULTIMATE FIGHTING... oh noes, do i get sued too now? and to take ALL of their earnings for it? like what was said before... ask for an injunction to the usage and to prevent future printings of ULTIMATE FIGHTING on its packaging is fine and good but to ask for what theyre asking for, now thats just being greedy... which is what this lawsuit is really about.

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Avatar image for Silos911
Silos911

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I think the charges are harsh. I understand why the charge is being placed, however asking for all profit from the game (all of it seems ridiculous to me), attorney's fee (I'm fine with that)exemplary damages (fine I guess) compensatory (again, it's alright) and tripple the trademark violation fee? That's stupid in my opinion.

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PS3gamer890

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agreed I would also sue

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mischiefmeerkat

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Sue! sue! sue! it's the american way! I have NO respect for greedy whiners that sue over mundane and silly little technicalities like this, especially when they try to get every last cent they can and claim "massive damages"

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jedikevin2

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Wow.. so many haters in this thread.. This company has every right to sue here. The question will be, will back of box information constitute mallpractice. If it was The ULTIMATE FIGHTING on the front cover then this would be a cut and dry loss for ubisoft... This will definitely be intrigueing. Personally, i've seen a few games in my day that have had similiar play on words on back of box statements to lure people into these type of misconceptions.

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cyclonebw

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I would sue.

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gangster480

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so tell me why you guys think this lawsuit is retarded? its a trademark, what's the point of having a trademark if everyone can just use it without permission. Its the law and they have the right to sue. I am not accusing ubisoft but it does seems like they put ultimate fighting in all capital letters to make it seems like the game is some how related to the UFC to get more people to buy. I don't think this lawsuit is stupid what so ever.

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chaldoboy14

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So this is how they're making up for lack of sales UFC Undisputed has. I mean it can't be worse then Uncaged, but it's still pretty lame, coming from a big UFC fan. Also, these lawsuits are getting ridiculous. Oh no, they used a phrase that refers to us, SUE HIM!! Seriously, if you want to make money and still have some credibility, MAKE A GOOD GAME!! Look at companies that actually try, they sell games very well and don't need to go lawsuit happy on every little thing to make up for lackluster sales.

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salabon77mk

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All that money they can win.... A dinner for the full house @ Zuffa due to "awesome" sales by UFC anyway!

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chronolzx

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oh you sneaky frenchies, ;)

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Wrathesoul

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After thinking I am guessing they have to sue everyone as their products etc are midcore or less then and its the only way they can make any money. I mean really who cares to watch a bunch of primates bash each other up in a cage rather well brainless they all are lol

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shakensparco

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Ubi probably won't win, but the fines they'll have to pay will probably be as minimal as possible.

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aliontherun

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Parents and games are just a b*****, she should go to h*** and mind her own business.

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Avatar image for Wrathesoul
Wrathesoul

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What a bunch of wingers greed is taking over the world... Suing over cry baby crap that that is bad business and they have no right to stop anyone from using the words ULTIMATE FIGHTING in anyway they want just plain stupid.

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Fureh

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Don't mess with Ubisoft, they have assassin's

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-Big_Red-

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This is so stupid. I hate lawsuits like this. :x:(

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Avatar image for shadow8585
shadow8585

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WOW the UFC lawyers s*** on them with their claim

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Avatar image for salad10203
salad10203

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*Yawn* Was this really necessary?

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birdgang_1

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what were they thinking when they made this game? just what?

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Dragonballz290

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This is one of the few times that one of these lawsuits makes sense. UFC doesn't want their name on that piece of crap and I don't blame them. Luckily for Ubisoft, no one bought it!

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ZombiFlyBoy

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So the 5 people who looked at the back might think this us a UFC game.

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Avatar image for Treflis
Treflis

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It probably costs more to sue them then the money they could get from that game's sales.

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chibi-acer

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If I thought that this game was affiliated with the UFC it would actually lower my opinion of the game. The UFC should count themselves so lucky.

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deactivated-64efdf49333c4

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They've got a case. Stupid to expect to get any of the profits though.

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Avatar image for KBABZ
KBABZ

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While I agree on the basis of the terms, that it's on the back cover of a game nobody cares about is ludicrous.

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firedrakes

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if i was a judge i would throw this out of court.

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jcbullen

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"Zuffa is also seeking all profits Ubisoft may have made from the game" Dang, they're gonna get like 200 bucks from that!

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Ronnie_Rim

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What an excuse for a lawsuit. They just don't want people to think UFC made this terrible game.

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ItsEvolution

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They had me up until "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." Irreparable injury to its business? Yeah right.

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Avatar image for Cryaotic
Cryaotic

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I am all for people protecting their copyrights, but seeking every penny of profit, attorney fees, compensation damages, exemplary damages, and triple the amount of normal copyright damages is ASININE. That is pure greed, there. They are over-stepping harshly for them using two normal words. It was a messup on their part and is not worth the paychecks of those who worked on the game (albeit it being crappy, they still deserve money).

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HaloPimp978

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The game was terrible anyway so who cares

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Philly1UPer

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This game just looks beat. Just standing in the same spot with no kind of real movement. just punching and kicking....

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Dagamemonkey

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Games and lawsuits go together so nicely.

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jcspanky

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Copyright is criminal. Another worthless moneygrab.

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rehatheway

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I would like to state that the use of the term "ultimate fighting" in all CAPs may be to give it impact and not necessarily draw a connection to the branding. I am in graphic design and we use all caps as a way to draw emphasis to a specific feature, and "ultimate fighting could be just a detail of the game. I think the name they used as a branding is too easy to rip-off just two common words, never the less it is trademarked when used in all caps (probably a sans-serif font), so I can go with the "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." being part of a suit. This here "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." is BS! "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." ULTIMATE PU$$Y more like it!

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JohnisGodd

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So many lawsuits. So little time.

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TheCrapp

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so, what they gonna put now instead of "ultimate fighting"? realistic fighting? or in your face fighting? anyone?... uhm yeah, who cares..

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Fandango_Letho

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This is completely retarded. Another example on where humanity shines of stupidity. Good job, Zuffa-thing- LTD. You reminded me why we have humorists.

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cornerback3

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People sue over for anything nowadays...guess that's where a rough economy comes into play...or just human greediness

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SteveTwo

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Ubisoft, "Who's sueing us? Never heard of them."

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