Iron Maiden files $2 million trade mark infringement lawsuit
Written by Mekael Rahman on 30 May 2019« Return to Reading Room
Iron Maiden, the English heavy metal band has recently filed a two million-dollar trade mark infringement lawsuit against a video game developer, 3D Realms. The lawsuit pertains to a game called ‘Ion Maiden’ and was filed on Tuesday by the band’s holding company, Iron Maiden Holdings Limited which accused 3D Realms of creating ‘confusion among consumers’.
According to the lawsuit, the ‘Defendant's Ion Maiden name is nearly identical to the Iron Maiden trade mark in appearance, sound and overall commercial impression. Defendant also uses the Ion Maiden name to sell merchandise including shirts and mouse pads’. Furthermore, the lawsuit goes on to expound that the ‘Defendant's infringement is incredibly blatant. Defendant is undoubtedly aware of Iron Maiden's existence and is attempting to trade off on Iron Maiden's notoriety because, inter alia, Defendant chose to use the virtually exact Iron Maiden trade mark and was instructed to cease and desist by Plaintiff. In response thereto, Defendant abandoned its Ion Maiden trade mark application but chose to defiantly continue to use its Ion Maiden mark’.
As well as the two million-dollar statutory damages claim, the lawsuit also requires the above-mentioned video game developer to either cancel the registration of the domain name: ionmaiden.com, or alternatively, to transfer the ownership of the said registration to Iron Maiden.
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