Asked in Trademark

Q: A minecraft server is providing a game mode named 'doodle jump', which is trademarked. Can i sue them?

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1 Lawyer Answer
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
Answered
  • Trademarks Lawyer
  • Beverly Hills, CA

A: From a USPTO search, I see that DOODLE JUMP is registered for computer game programs (and related goods).

Its owner could have a claim for infringement if (1) the use in MINECRAFT as a game mode "functions as a mark"; (2) there is likelihood of confusion as a result of that use; and (3) the owner has sustained monetary damages or losses as a result.

Determining that the usage "functions as a mark" requires a careful review of the usage and context, by experienced trademark counsel. The other factors also play into evaluating whether the amount of damages justifies the cost of litigation.

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