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Illektron v. Playmates Toys

A company called Illektron—which made a collectible card game called Battlez—has filed suit against Playmates Toys over the trademark for Battle Dice. I’m still poring through the PDFs of the court documents to see exactly what this is all about. (You can get these and the original press release about the lawsuit by clicking on the “News Wire” running scroll in the lower left corner of the Battlez site.)

No comment until then. As I might be called as a witness by either side, I’ll probably have little comment either way.

I just wanted to let you know that I do know about the situation. Also, since it seems to be over the trademarks for the games, it shouldn’t affect me directly. (Let’s hope!)

Comments 14

  1. How in the heck can they sue. Cause they use dice? My gosh, maybe parker bros should sue too since this clearly violates their monopoly game!

  2. How in the heck can they sue. Cause they use dice? My gosh, maybe parker bros should sue too since this clearly violates their monopoly game!

  3. It sounds like Battlez is a CCG that uses dice…and therefore, they dice used in the Battlez game are Battlez Dice? The press release is rather vague as to what exactly the infringement is, but if it’s just a matter that the Battle Dice brand has a similar name to a component of the Battlez game…I don’t get it.

    Either way, hopefully this gets sorted out without either side having to shut down their game…

  4. It sounds like Battlez is a CCG that uses dice…and therefore, they dice used in the Battlez game are Battlez Dice? The press release is rather vague as to what exactly the infringement is, but if it’s just a matter that the Battle Dice brand has a similar name to a component of the Battlez game…I don’t get it.

    Either way, hopefully this gets sorted out without either side having to shut down their game…

  5. I think it has more to do with this. Compare what Illektron filed as their brand with the Federal Trademark office at http://tess2.uspto.gov/bin/showfield?f=doc&state=r2rmh9.2.1 and then compare what Playmates filed at http://tess2.uspto.gov/bin/showfield?f=doc&state=r2rmh9.4.6 and then look at what Battle Dice used. I believe that is the main issue. I could be wrong, but as a marketing person, I know branding is everything. Companies spend millions to create and defend their brands. Those look way to similar and maybe to us adults it may not, but to a 7-8 year old kid, it could be very confusing. Anyways, just my opinion.

  6. I think it has more to do with this. Compare what Illektron filed as their brand with the Federal Trademark office at http://tess2.uspto.gov/bin/showfield?f=doc&state=r2rmh9.2.1 and then compare what Playmates filed at http://tess2.uspto.gov/bin/showfield?f=doc&state=r2rmh9.4.6 and then look at what Battle Dice used. I believe that is the main issue. I could be wrong, but as a marketing person, I know branding is everything. Companies spend millions to create and defend their brands. Those look way to similar and maybe to us adults it may not, but to a 7-8 year old kid, it could be very confusing. Anyways, just my opinion.

  7. I can see some similarity in the design of he logo itself, but as for “branding.” I don’t think anything in the Battle Dice marketing looks anything like the Doom character central to the Battlez campaign.

    I will say this though, the way IP law works companies are “required” to act with due diligence to protect their product identity. That is what I believe is going on here.

    Besides, looking at the Battlez site the game looks interesting.

    As I said the title logos may be similar, but I don’t believe similar enough, but the marketing and branding looks very different to me. I don’t believe there is any way one could look at the Level 1 Trainer box of battlez and mistake it for Battle Dice or vice-versa.

    I would also like to add that I hate to see potential fans build animosity toward a product because of agressive ip protection practices. I watched fans angrily call TSR “T$R” because they protected their ip. I have watched reaction against White Wolf (from close friends who LARP).

    Let’s see what happens, hope the case is resolved amicably, and root for both games. Root for Matt’s game a little more, but that’s a given on this forum.

  8. I can see some similarity in the design of he logo itself, but as for “branding.” I don’t think anything in the Battle Dice marketing looks anything like the Doom character central to the Battlez campaign.

    I will say this though, the way IP law works companies are “required” to act with due diligence to protect their product identity. That is what I believe is going on here.

    Besides, looking at the Battlez site the game looks interesting.

    As I said the title logos may be similar, but I don’t believe similar enough, but the marketing and branding looks very different to me. I don’t believe there is any way one could look at the Level 1 Trainer box of battlez and mistake it for Battle Dice or vice-versa.

    I would also like to add that I hate to see potential fans build animosity toward a product because of agressive ip protection practices. I watched fans angrily call TSR “T$R” because they protected their ip. I have watched reaction against White Wolf (from close friends who LARP).

    Let’s see what happens, hope the case is resolved amicably, and root for both games. Root for Matt’s game a little more, but that’s a given on this forum.

  9. Thanks for the comments, folks. Sadly, I am going to have to decline to comment on this issue. While none of my work is involved in the lawsuit, it’s clear I have an interest in the case, and I’d rather let this play out in the legal realm than grab the large and tempting soapbox it presents.

  10. Post
    Author

    Thanks for the comments, folks. Sadly, I am going to have to decline to comment on this issue. While none of my work is involved in the lawsuit, it’s clear I have an interest in the case, and I’d rather let this play out in the legal realm than grab the large and tempting soapbox it presents.

  11. wish to express my sadness on not being able to further acomplish my figure collection of Marvel heroes and villains. I have a superficial understanding of IP so my comments do not in any way try to dissect the global protection of a company’s interest. However, it is a very clear distiction why I decided to purchase my collection of Miniature superheroes and the reason I did not pursue any other game idea. I am have been a Marvel fan since 1976 and this will continue in the future regardless on whether playmates win or not. Hope all Marvel fans outthere can show support. If the battle dice concept is the issue, then remove it I say, and just let the miniatures keep coming. Game concept design has more potential from Marvel ideas rather than emmanations of Marvel. My apologies if I have missed the point.

  12. wish to express my sadness on not being able to further acomplish my figure collection of Marvel heroes and villains. I have a superficial understanding of IP so my comments do not in any way try to dissect the global protection of a company’s interest. However, it is a very clear distiction why I decided to purchase my collection of Miniature superheroes and the reason I did not pursue any other game idea. I am have been a Marvel fan since 1976 and this will continue in the future regardless on whether playmates win or not. Hope all Marvel fans outthere can show support. If the battle dice concept is the issue, then remove it I say, and just let the miniatures keep coming. Game concept design has more potential from Marvel ideas rather than emmanations of Marvel. My apologies if I have missed the point.

  13. Unfortunately, Playmates only had a license to produce games, not solely miniatures. If you’re looking for some fine figures, check out the HeroClix game from WizKids. Their sculpts keep getting better and better.

  14. Post
    Author

    Unfortunately, Playmates only had a license to produce games, not solely miniatures. If you’re looking for some fine figures, check out the HeroClix game from WizKids. Their sculpts keep getting better and better.

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