Zuffa LLC, the company which holds the rights to the Ultimate Fighting Championship events and the brand associated with them, has filled a law suit against video game publisher Ubisoft, taking aim at the way it has marketed the Fighters Uncaged title, which is built to make use of the Kinect motion tracking system for the Xbox 360.
The complaint reads, “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.”
The back cover of the
Ubisoft published Fighters Uncaged, the space usually reserved for blurbs from reviewers and a feature list, uses the phrase “Ultimate Fighting” to suggest that the game delivers a more realistic combat experience thanks to the use of motion tracking.
It then adds, “By using the words ULTIMATE FIGHTING® and setting them all apart in capital letters, 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, Defendant is attempting to trade on the goodwill of the UFC®.”
Interestingly Zuffa also claims that Fighters Uncaged, which is based around the idea of illegal street fights, is damaging the actual image of the
UFC franchise, which takes place in a controlled environment, with most of the United States considering the event legal.
Zuffa is saying that the “Ultimate Fighting” tagline should not be associated with the Ubisoft game and all packaging that uses it should be destroyed.
The UFC parent company also wants all the profit that Ubisoft has made on Fighters Uncaged, the fees for attorneys and other damages associated with the violation of a trademark.
The UFC brand is currently getting the video game treatment from THQ.