An American film production company has launched a trademark infringement lawsuit against Sony and developer Shift Up over the PS5 action-adventure game, Stellar Blade.
Stellar Blade Sued By “Stellarblade” for Trademark Infringement
Both Trademarks Duly Registered
Shift Up, the developer behind the PS5 action-adventure hit Stellar Blade, along with Sony, finds itself embroiled in a legal battle with a US-based film production company named "Stellarblade." The lawsuit, filed in a Louisiana court, accuses Sony and Shift Up of trademark infringement.
Griffith Chambers Mehaffey, the owner of Stellarblade, a company specializing in "Commercials, Documentaries, Music Videos & Independent Films," claims that the use of the "Stellar Blade" name by Sony and Shift Up has adversely affected his business. Mehaffey argues that the similarity in names causes confusion among customers searching for his company online, making it harder for them to find relevant information about Stellarblade due to the prevalence of "Stellar Blade" search results.
Mehaffey is seeking monetary damages, attorney fees, and an injunction to prevent Sony and Shift Up from using the "Stellar Blade" trademark and any similar variations. He also demands that all "Stellar Blade" materials held by the game companies be handed over to him for destruction.
Mehaffey registered the "Stellarblade" trademark in June 2023 and sent a cease and desist letter to Shift Up the following month. He has owned the stellarblade.com domain since 2006 and has been operating his film production business under this name since 2011.
In a statement to IGN, Mehaffey's lawyer emphasized that it is "difficult to imagine that Shift Up and Sony were unaware of Mr. Mehaffey's established rights before adopting their identical mark." Stellar Blade was initially announced as "Project Eve" in 2019, with the name changed to "Stellar Blade" in 2022. Shift Up registered the "Stellar Blade" trademark in January 2023, while Mehaffey registered "Stellarblade" in June 2023.
"Mr. Mehaffey registered the stellarblade.com domain in 2006 and has used the STELLARBLADE name for his business for nearly 15 years. We believe in fair competition, but when larger companies disregard the established rights of smaller businesses, it's our responsibility to stand up and protect our brand," Mehaffey's lawyer stated. He further claimed that the defendants' superior resources have dominated online search results for STELLARBLADE, pushing Mehaffey's long-established business into obscurity and threatening his livelihood. Mehaffey also pointed out the similarity between the logos and the stylized letter 'S' in both names, describing them as "confusingly similar."
It's important to note that trademark rights can apply retroactively, extending protection beyond the filing date of the trademark.