An exercise website has filed an infringement lawsuit against Electronic Arts in the U.S. Active Network is complaining that a forthcoming EA game on the Wii, PS3 and iPhone platforms infringes its trade marks.
Active Network is claiming the exclusive right to use the word "active" in relation to the internet and online sport related goal-setting such as schedules, chat rooms and trackers; all related to personal fitness.
However EA Sports Active 2.0 is a new product that Active Network are claiming is a direct competitor to Active.com and hence there is a likelihood of confusion. The two products according to Active Network are confusing similar and they have had their trade mark registered for two years, with use dating back further.
Active Network is asking for $75,000 in damages, punitive damages and legal fees. They also want an injunction preventing EA Sports from manufacturing, releasing or promoting the new title.
