A Game of Entities A Riot Over Trademarks
There are specific terms, which can be associated with certain characteristics like font and color scheme, that a company can trademark or copyright. However, one company is claiming its trademark was infringed upon by another due to their use of the word “riot.” Riot Games Inc., the company behind “League of Legends” hit Riot Squad Esports LLC with a trademark suit just last month, claiming Riot Squad exploited the term “riot” for their marketing strategies. Riot Games is making the case that it’s trademark infringement due to false designation and unfair competition.
patent statutes. There are no special statutory requirements or restrictions applied to marijuana plants.”
While the applicable patent statutes are a lot to cover, there are some interesting provisions and limitations that relate specifically to plant patents. One of the more exciting requirements is the plant cannot be patented, in public use, on sale, or publicly available before the filing date of the patent. There are exceptions to this rule, however, depending on the specific strain or type of cannabis plant. It then falls within another provision — the plant must differ from known, related plants by at least one distinguishing characteristic. This characteristic must be more than a difference in growing conditions or fertility levels.
In a statement Riot Games made in their claim to the California Federal Court, they had this to say regarding the situation:
There are some other necessary provisions, including that the plant be named as so on the patent and others that are very similar. If you want to learn more regarding the requirements and limitations of plant patents, you can find more information at USPTO.gov.
“With full knowledge of Riot and its trademark rights in the words ‘Riot’ and ‘Riot Games’ in connection with video games and esports, defendant Riot Squad Esports LLC has unfairly and unlawfully adopted and exploited the ‘Riot’ brand name in connection with its marketing, advertising, and promotion of a nascent esports organization that it claims was ‘founded by gamers, for gamers.’” Riot Games goes even further, claiming their founding principles are also similar. Riot Squad claims to be founded “by gamers, for gamers,” while Riot Games’ website clearly states they were established “to develop, publish, and support games made by players, for players.” Riot Games is not only after damages but also the court and attorney costs and a court order halting Riot Squad’s use of the term “riot” in any of their rebranding. While the case itself is up for debate, Riot Squad’s current marketing success would call any related company’s attention within the industry. Since its launch in March, Riot Squad has built partnerships with well-established corporations like Grubhub and Sublime Sports Apparel. If you feel you or your company is in a similar situation or fear your brand name is being infringed upon, reach out anytime to discuss your options. Call us at (407) 598-8407 or (407) 377-6688.
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