Zuffa and Cage Rage in Trademark Dispute

Drexal · 06-21-2007, 07:58 AM

Quote:

The following is an article from TheLawyer.com:

McDermott London puts up Ultimate Fight in High Court
Ben Moshinsky 18-Jun-2007

The London office of McDermott Will & Emery has won the lead role on a High Court trademark dispute over the rights to the Ultimate Fighting Championship name.

McDermott is advising Zuffa, the parent company of the Ultimate Fighting Championship, on its dispute with Cage Rage.

Zuffa alleges that UK company Cage Rage infringed its trademark by organising fights using the Ultimate Fighting name.

US company Zuffa opened a London office last year to promote Ultimate Fighting in the UK, sending a US lawyer to the capital.

McDermott won the work through a competitive tender after a partner in McDermott's Silicon Valley office recommended the firm's London office for IP litigation.

London IP head Larry Cohen said: "We still had to pitch for the work. You don't get it handed to you on a plate.

"Since then we've been trying to clean up all the people that have jumped on the Ultimate Fighting bandwagon."

Zuffa set up Ultimate Fighting matches in the UK last year, covered by television channels Sky Sports and Setanta.

Since then the company has sought to crack down on any other organisations using the Ultimate Fighting name.

Cohen said: "We wrote to Cage Rage and they failed to respond adequately, so we sued them. It's a passing off and trademark infringement action."

Orchard Brayton Graham is advising Cage Rage, instructing Andrew Norris of Hogarth Chambers. McDermott has instructed 8 New Square's John Baldwin QC and Henry Ward.

McDermott will handle the case without IP litigation partner Duncan Curley, who left the firm this month to set up his own IP consultancy.

Ultimate Fighting pits fighters against each other in an octagonal ring and features a mixture of martial arts.

source: MMANEWS.COM | Zuffa And Cage Rage In Trademark Dispute

I thought this would happen sooner or later. In the Adverts for a few of the UFC's Bravo has shown in the UK, Cage Rage was using adverts which stated" Ultimate Fighting is in the UK now!" or something similar. Ultimate Fighting is a a trade mark of Zuffa and shouldn't be used.

I'm a bit surprised that there is no mention of Cage Rage also using the term "The Octagon" in reference to their cage, I think that is a trademark too.

name goes here · 06-21-2007, 10:42 AM

Can you trademark the word 'octagon'? Its just the shape. Sucks for CageRage.

Nimmy · 06-21-2007, 10:47 AM

i expected this to. howver i think it has worked for cage rage and the long term gain will be powersome, with zuffa controling most of the organisations cage rage has continued to promote good shows with modest salaries, with the ufc having the monopoly in the US then the fighters who dont want to work with the ufc will surely see cage rage as the next alternative.

AikaImmortal · 06-21-2007, 10:56 AM

Most western media refers to MMA as 'Ultimate Fighting'. How long will Zuffa be able to protect a trademark that is becoming generic, such as "Go Xerox a copy of this document" or "We need some Kleenex in this office" or "I cut my arm, do you have a Band-Aid?"

In all of these cases, the brand name is so well known that we refer to the brand name when in fact we mean 'photocopier' 'tissue paper' and 'adhesive bandage'.

Mulla · 06-21-2007, 11:12 AM

I dont know why CR felt the need to use the term 'ultimate fighting' in the first place. Dave and Andy are always saying how MMA is the sport of the future, but then they go and advertise 'ultimate fights' instead of MMA fights?

As much as I love Cage Rage, Im not a fan of their marketing at all.

Drexal · 06-21-2007, 12:48 PM

This is not the first time they have done this. (ie Zuffa sueing for Trademark infringement)

Quote:

UFC® AFFIRMS “ULTIMATE FIGHTING®” AND OCTAGON TRADEMARK
UFC® AFFIRMS
“ULTIMATE FIGHTING®” AND OCTAGON TRADEMARK RIGHTS IN JUDGMENT AGAINST WORLDWIDE FIGHTING CHAMPIONSHIP

Zuffa, LLC, owner of the Ultimate Fighting Championship® brand, announced today that it secured a key legal victory in its trademark infringement lawsuit against the Worldwide Fighting Championship and Gino Carlucci. Zuffa filed the complaint in Phoenix on January 10, 2006 to protect its intellectual property rights. Zuffa’s principal allegations were that Worldwide Fighting Championship (1) was using an octagon fighting enclosure at its mixed martial arts events without a license from Zuffa and incorporating an octagonal design as part of its logo, (2) was impermissibly displaying the term “Ultimate Fighting” in advertisements on its website and (3) was using a “WFC” logo that was confusingly similar to Zuffa’s stylized UFC logo.

UFC President Dana White states that “Zuffa spends a lot of time and money to create its intellectual property, and Zuffa is required by law to protect the rights it acquires. As a result, we will use all legal means to prevent others from confusing fans into believing they are buying the UFC experience.”

more: UFC® : Ultimate Fighting Championship®

Heatwaves · 06-21-2007, 09:08 PM

Quote:

Originally Posted by name goes here

Can you trademark the word 'octagon'? Its just the shape. Sucks for CageRage.

I don't believe they can trademark the name, but they can patent the enclosure.

BTW... IF the 'octagon' could be trademarked, Chuck Norris would probably own the rights.

BossMadOne · 06-22-2007, 04:29 AM

Quote:

Originally Posted by name goes here

Can you trademark the word 'octagon'? Its just the shape. Sucks for CageRage.

No you can't trade mark is shape..

Drexal · 06-22-2007, 04:41 AM

I think they are Trademarking the term "The Octogon" as refference to the cage, not as some members seem to think the word "Octogon".