A Louisiana-based film production company, "Stellarblade," has filed a trademark infringement lawsuit against Sony and Shift Up, the developer of the PS5 game Stellar Blade. The suit, filed earlier this month in a Louisiana court, alleges that the game's title infringes upon Stellarblade's existing trademark.
Conflicting Trademark Claims
The core of the dispute centers around the similarity of the names "Stellarblade" and "Stellar Blade." Stellarblade, owned by Griffith Chambers Mehaffey, specializes in commercials, documentaries, music videos, and independent films. Mehaffey claims that Sony and Shift Up's use of the similar name has negatively impacted his business' online visibility, making it harder for potential clients to find him through online searches.
Mehaffey's legal action seeks monetary damages, attorney fees, and an injunction to prevent further use of the "Stellar Blade" trademark (and variations thereof). He also demands the destruction of all Stellar Blade marketing materials. He registered the "Stellarblade" trademark in June 2023, following a cease-and-desist letter sent to Shift Up the previous month. Mehaffey also points to his ownership of the stellarblade.com domain since 2006 and use of the name in his business since 2011.
Timing and Awareness
The lawsuit highlights a key timeline discrepancy. Shift Up registered the "Stellar Blade" trademark in January 2023, months before Mehaffey's registration. However, Stellar Blade was initially announced as "Project Eve" in 2019, only changing its name in 2022. Mehaffey's lawyer argues that Sony and Shift Up should have been aware of Mehaffey's pre-existing rights. The lawyer contends that the companies' actions constitute unfair competition, pushing Mehaffey's business into "digital obscurity." Similarities in logos and the stylized "S" are also cited as contributing factors.
The legal argument also touches upon the retroactive nature of trademark rights, suggesting that protection could extend beyond the official registration date. The outcome of this case will be closely watched, particularly regarding the implications for trademark registration and the potential for conflict between established smaller businesses and larger corporations.