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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 XboxGuy1537
XboxGuy1537

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They should get sued for making such a crappy game. Who'd buy this anyway?

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killzonexbox

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Why are some people saying this game bombed? Fighters Uncaged is the 4th best selling Kinect game according to VGChartz after Dance Central, Kinect Sports, and Your Shape Fitness. 150K first month sales on a new platform is not terrible at all. Fighters Uncaged has done a lot better than anyone expected and the customer reviews on sites like Amazon are extremely positive; a good sign for a casual game.

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Avatar image for Yomigaeru
Yomigaeru

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I'd be inclined to agree with airshocker, if Pride were still around. However, we all know what happened when UFC bought them out... That said, it does appear that this lawsuit might have some basis, and be more than a simple cash grab. But really...ALL of the profits from the game? That seems a bit extreme.

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amari24

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Rofl.. like anyone is actually going to buy this game..

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inaka_rob

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@VirtualTofu I think FIGHTERS NO LONGER CAGED FROM THIS POINT FORWARD makes much more sense.

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Avatar image for nice2400
nice2400

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off topic but wouldnt it be awesome if dragonballz games were like naruto ultimate storm 2. mean it would still b in 3d like tenkaichi but the graphics would b slightly improved an so would the gameplay b a little like naruto game but wit tht Goku 2 spirit bombs to broly's face feel tht would b mad cool dont front.

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Avatar image for Col-Struckin
Col-Struckin

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Who cares, because i don't?

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nickito14

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there's lots of other fighting games for 360 anyways.

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Avatar image for Waldkrieger
Waldkrieger

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As if anyone should be buying this garbage anyway....

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Avatar image for VirtualTofu
VirtualTofu

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So will the game's cover art be worth $$$ now? What wil the re-release say? FIGHTING!!! or AWESOME FIGHTING or INCREDIBLE FIGHTING How bout ULTRA FIGHTING

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Avatar image for VirtualTofu
VirtualTofu

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So, I'm gonna be sued if I used the words UlTimATe FIghTin' in all caps anywhere?

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Avatar image for vadicta
vadicta

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Because Fighters Uncaged needs to lose more money.

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Avatar image for VenkmanPHD
VenkmanPHD

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Wow. Ok I will agree that the average dunce may assume it has something to do with UFC, the terms fighters "uncaged" and "ultimate fighting" could and will lead some people to confusion. I think they screwed up and should pay for it, but what Zuffa is asking is ridiculous. All the profits from the game? WTF is that? They deserve legal fees and compensation as punishment, but not all the profits, that's ridonkulous.

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Avatar image for Germandude2
Germandude2

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lol i totally knew this was going to happen, everybodys suing everybody about everything these days.

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shooters125

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Putting trademarked words on your game is illegal. I get I wouldn't blame UFC for suing Ubisoft. At least they have a VALID reason instead of other morons out there suing game companies for bullsh*t reasons.

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Avatar image for Filthybastrd
Filthybastrd

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TheWickedEnd101: Indeed, Moto just does'nt seem to understand that the reason it's a lot of "ground-humping" is because all the wall-running, flying kicking fancy karate stuff just is'nt as effective as FX Judo is in real life.

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TheWickedEnd101

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@motorola29 really tough with a weapon ehh,Rampage would murder you. they are trained professional fighters that work extremely hard to get where they are at,its a mans sport so little boys like you wouldnt understand

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Avatar image for UnknownElement4
UnknownElement4

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Hope Ubisoft wins this one against horrible UFC.

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motorola29

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lol UFC is a joke. 3 rounds of bald guys ground-humping each other and people call them tough. It's a fad for cubical-working office guys that are too lazy to make theirselves better. If I hit Rampage Jackson in the face with a ball bat he'd fall down like everyone else.

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Avatar image for Cazoon
Cazoon

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Illegal move, Ubisoft. UFC wins by Default. *Raises UFC's hand.*

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Savior4Life

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What a bunk, boring looking game!

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Avatar image for deactivated-6127ced9bcba0
deactivated-6127ced9bcba0

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@korko3 MMA isn't a fad. It's here to stay. Soon there will be multiple leagues(Strikeforce, etc) in the PPV arena, and then things will get really interesting. Sorry buddy.

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Avatar image for DBZKING1234
DBZKING1234

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Well I wouldn't have made that connection, in fact I've never even heard of this game. Just leave them alone.

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Avatar image for SLjimbolian
SLjimbolian

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In the words of Dana White: THAT'S F&$#ING ILLEGAL!!!

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Avatar image for deactivated-6127ced9bcba0
deactivated-6127ced9bcba0

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I hope Zuffa wins. Their lawsuit is completely reasonable and Ubisoft should have known better.

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Avatar image for parrot_of_adun
parrot_of_adun

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By now, Ubisoft must completely regret making this in the first place...

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Karratti

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@sulaymanqazi It's not greed, it's just keeping their copyrights and trademarks. If some game were to call itself Halo, or Gears of War, even on the back of the box, you can bet Microsoft would be all over it. Just because a large company files a lawsuit doesn't mean that they're in the wrong. Companies have the right to protect their interests, and in fact, they need to if they want to keep those investments secure.

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thecartman80

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wow people again are just stupid sueing eachother cuz it has somthing in a video game that THEY dont like. kije the singer frim cypress hill sued rockstar cuz of somthing stupid.

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thorughfire

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I really dont care about this at all lol. I am a huge fan of the UFC and the MMA world in general but as far as copyright goes, I could care less if someone used the words ULTIMATE FIGHTING.

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Avatar image for jimmyzeke13
jimmyzeke13

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i know this'll get thumbs down, but it does sound like Ubisoft tried to associate this game with UFC

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Avatar image for Filthybastrd
Filthybastrd

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Well.... If they do in fact bear a striking resemblance, ir's not really far-fetched to assume that UBI wanted people to associate their (crappy) game with UFC.

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MysteryJ0ker

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@MrGoodkill $145 good guess though

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sulaymanqazi

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piece of *****!!! i hate greedy people

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Flint247

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Wow...

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subyman

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@nate1222 Funny that you quote WWE, formerly known as WWF, as an example of why this is dumb, because you know... WWF had to change their name because of a trademark violation to WWE lol.

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Avatar image for subyman
subyman

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Ubi was stupid to put that on the back of the case. It is clear what they were trying to do. I don't blame UFC for trying to step in and prevent others from profiting off of their name. That is what trademarks and reserved terms are for, Ubi crossed the line with that one.

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Avatar image for Stressthesky
Stressthesky

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I'll bet money that this will be settled out of court.

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Avatar image for MrGoodKill
MrGoodKill

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"Zuffa is also seeking all profits Ubisoft may have made from the game..." Profits? From Fighters Uncaged? What's that add up to, like $150?

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Avatar image for Total_mischief
Total_mischief

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Yay, the endless void of capitalism pushing industries to trademark retarded sentences and words to make as much money out of lawsuits. Worst thing is, UFC is probably going to win this crap. I should trademark my freaking name and sue everyone that has it.

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THA-TODD-BEAST

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@korko3 Fad? That's hilarious.

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korko3

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Save the lawsuits for when your fads welcome has run out, u'll need the money then.

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Heshertonfist

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Ah greed. Zuffa is full of ****. And people who support or condone these kind of lawsuits should be beaten.

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Avatar image for NejiKusa
NejiKusa

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I demand everything you own plus everything your daughter owns because you stole my shirt!

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shaun_ofda_dead

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Here is an idea- The two parties involved should just get together and have an "ULTIMATE FIGHT" to settle this dispute. Yea. Ultimate Fight This.

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malikmmm

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"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" i hope they burn in hell for this baseless sue...

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Avatar image for elozl
elozl

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Well, just apply the law!

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dagrimmreepa

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Well, it's a clear case of trademark infringement, nothing to argue about here. The laws are very clear.

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KoRnbizkitpie

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I love the UFC, but this is just lame!

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DerekLoffin

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I'm normally one of those guys that goes 'bah' to these kind of lawsuits, but this time it seems legit. It does appear like they were trying to confuse the issue and they got caught at it.

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AudioCG

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The big BOLD "Ultimate Fighting" on the package was a retarded move by UBI, sorry, but trademark law is trademark law, you cannot get around it.

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