Share
  • LinkedIn
  • Facebook
  • X
  • Threads

IP Whiteboard

Scrambling for the win: Mattel and Zynga in the UK Court of Appeal

16 April 2015

Toy manufacturing giant Mattel has won out in the final round of its recent dispute with social game services provider Zynga (of Farmville and Words with Friends fame) in the United Kingdom Court of Appeal.

Overturning the decision of the High Court, the Court of Appeal found that Mattel owned a valid trade mark for SCRAMBLE which was infringed by the defendant Zynga’s use of SCRAMBLE and SCRAMBLE WITH FRIENDS on its electronic games. Interestingly, it was found that Mattel’s trade mark for SCRABBLE was not infringed by this use as the degree of similarity between SCRABBLE and SCRAMBLE was not sufficient to give rise to a likelihood of confusion.

You can read a detailed alert on the decision published by our colleagues in London here.

Share
  • LinkedIn
  • Facebook
  • X
  • Threads

More Posts From This Author

STG v Trojan: protecting trade mark rights in the context of parallel importation

4 August 2016
In the recent decision in Scandinavian Tobacco Group Eersel BV v Trojan Trading Company Pty Ltd [2016] FCAFC 91 (STG v Trojan), the Full Federal Court held that the defence to trade mark infringement under section 123 of the Trade Marks Act 1995 (Cth) (Act), based on the trade mark owner’s consent to application of the trade mark, will apply to the removal and reapplication of a manufacturer’s trade mark by a parallel importer. 
Read on