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UFC sues Ubisoft over Fighters Uncaged photo

Zuffa, otherwise known as "The UFC Guys", are suing Ubisoft for a stupid reason. The studio's Kinect game Fighters Uncaged encourages players to become "the ultimate fighting weapon." This is seen by Zuffa as a trademark infringement. 

Zuffa alleges that Ubisoft deliberately designed its tagline to create confusion amongst consumers and associate the game with the UFC, thereby harming the company's reputation and affecting its potential to make money. 

Let this be a lesson to you -- never, in any way, claim that your ability to fight is ultimate. You will be slapped with a lawsuit and thus help confirm the stereotype that Americans will take you to court over the stupidest f*cking things. 

Zuffa Sues Ubisoft [Sherdog]








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26 comments | showing # 1 to 26
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Chris Carter's Avatar - Comment posted on 12/14/2010 10:07
Chris Carter
UFC has a patent on half naked men fighting each other in a closed environment.

I mean, I don't mind the actual *sport* of UFC as much as the next hot-blodded guy, but God damn I hate Dana White.
pokota's Avatar - Comment posted on 12/14/2010 10:09
pokota
Can we refer to Zuffa as ultimate dumb-ass's for thinking they own the word "ultimate"? It really, really makes me think less of a company when they do this crap.
Marasune's Avatar - Comment posted on 12/14/2010 10:11
Marasune
oh yes, let it be known that if cage match fighting is replicated via videogame in any identical way you are a prime candidate for a good ass suing, cause you know, shit like this isn't what holds back the future of gaming. nope. not one bit.


or does it?
Bob Muir's Avatar - Comment posted on 12/14/2010 10:20
Bob Muir
Really? I half expect them to go back in time and sue Konami for their Ultimate imprint.
timtheterrible's Avatar - Comment posted on 12/14/2010 10:26
timtheterrible
@ pokota

They don't own the word "ultimate," but in the context used in the description, it does appear as though Ubisoft was (blatantly) trying to capitalize on the Ultimate Fighting Championship name with their (likely shitty) Kinect game. To the knuckle-dragging public at large, those who pick up the game and see the (trademarked) Ultimate Fighting words together in the description may assume a connection to the UFC brand and buy the game under false pretenses. If the game is (very likely) shitty Kinect shovelware, the consumer may develop a sense of distrust toward future software featuring the UFC name, and the company is injured as a result.
ShotgunDiplom4t's Avatar - Comment posted on 12/14/2010 10:29
ShotgunDiplom4t
Come on, really?
And @Magnalon
Yeah Dana White is a tool. He's like that kid in high school who hangs out with kids who know how to fight and regularly throw down, and by that he acts like a badass even though he's a punk.
Suprore's Avatar - Comment posted on 12/14/2010 10:40
Suprore
Excellent choice of a header picture. It manages to be TOTALLY GAY and very funny, and also a weirdly good example of technical grappling in a fight. appeals to every constituent.
TheDreadHawk's Avatar - Comment posted on 12/14/2010 10:41
TheDreadHawk
I never understood the appeal of UFC. Perhaps it's the same reason I've never understood the appeal of wrestling, boxing, and football.

This is stupid, regardless.
DaedHead8's Avatar - Comment posted on 12/14/2010 10:47
DaedHead8
@TheDreadHawk

The appeal of UFC is that 99% of the viewers don't realize that a lot of the fights are fixed. They're like the WWF was in the 70s except they have more real fights. But almost all of the main events are predetermined.
a very harry tipper's Avatar - Comment posted on 12/14/2010 10:50
a very harry tipper
@TheDreadHawk

The appeal of these is that closeted gay men have some way to watch man on man action without their wives or girlfriends knowing.
pokota's Avatar - Comment posted on 12/14/2010 10:54
pokota
@timtheterrible
How far down the chain of assumptions do we have to go? Do we have to qualify things for the lowest common denominator, the very dumbest person alive? Should Lucas sue Destructoid because it uses -oid and features the image of a robot, and someone MIGHT assume it's Star Wars related?

Actually, that wouldn't surprise me at all ...

Is that really how things should be?
T3HM0RR0W's Avatar - Comment posted on 12/14/2010 10:57
T3HM0RR0W
I remember going to my friend's house and he was playing UFC when I got there. I managed to last about five or ten minutes before I started cracking up. From there it just got awkward... I guess it's just not one of those games that you're comfortable letting your friends watch you play. ; )
timtheterrible's Avatar - Comment posted on 12/14/2010 11:15
timtheterrible
@ Pokota

I'm not saying it is how things should or should not be, but I am saying that, legally at least, it is how things are.

And, strangely enough, I remember that Destructoid did have to stop labeling their podcasts with the "-toid" ending (Bisontoid, Double Dragontoid) for similar reasons.
Qraze's Avatar - Comment posted on 12/14/2010 11:25
Qraze
this isn't even a real court case, they're gonna laugh and throw it out as frivilous because the ufc does not own the words or trademarked the phrase "ultimate fighting weapon".

this is just another strong arm tactic the ufc guys are so good at because they don't believe in fair competition.
Bob Muir's Avatar - Comment posted on 12/14/2010 11:34
Bob Muir
@ timtheterrible

That would be incredibly silly, since the word "android" was around well before Star Wars. Last I checked, Lucas may or may not have trademarked "droid," but he didn't invent the idea of robots.
TheDreadHawk's Avatar - Comment posted on 12/14/2010 11:48
TheDreadHawk
@DaedHead8

But what's there to enjoy about overly muscular men wrestling eachother? And why does it draw such a crowd at my favorite wing joint?!
timtheterrible's Avatar - Comment posted on 12/14/2010 12:02
timtheterrible
@ Bob Muir

I'm certainly not saying that this is a surefire win for Zaffa, all I am saying is that such a lawsuit isn't unprecedented, nor is its success implausible.
Stumblebee's Avatar - Comment posted on 12/14/2010 13:31
Stumblebee
@Magnalon: You wouldn't fight with a shirt on. That's fucking stupid.

This lawsuit is totally plausible, not only because of the words, but because they're capitalized on the box. Especially around this time of year, you never know how many moms and grandmoms will buy the game based off of "It's that Ultimate Fighting billy likes so much!"

Also, to most of the people in this thread, grow up.
Everyday Legend's Avatar - Comment posted on 12/14/2010 13:50
Everyday Legend
If I release Ultimate Frisbee Championship, will I get sued too? A LOT of hackey-sackers would be soooooo pissed, man.
AdamantiumHip's Avatar - Comment posted on 12/14/2010 13:50
AdamantiumHip
dredhawk: I think you have closet issues, bro.

Maybe you need to be honest with yourself about certain lifestyle choices you have been considering?
FrankDaTank14's Avatar - Comment posted on 12/14/2010 15:22
FrankDaTank14
Taken from the user Neph on The Underground(mixedmartialarts.com):

----

Before anyone gets too upset you must defend your trademark else it becomes public to use. Once you let someone use it without defending it then you run a great risk that it is no longer yours.

Neph, Internet Lawyer

('least that's what I've heard

Quote from filmmaking.net

Finally, trademarks must be defended, otherwise they can be invalidated. This means that if you are granted a trademark and you come across someone who is using that mark themselves (or something which could be mistaken for your trademark), you are obligated to advise them that they are allegedly infringing your trademark, and if they continue to do so, you will need to take legal action to defend it. If you do not defend you trademark, it can automatically enter the public domain and you will lose any rights you have to it.

---

Taken from Racer X of the same website:

---
As some have stated, ZUFFA has NO CHOICE but to defend their trademark or lose it.

In the guitar business, there have been a couple of big cases that demonstrate this.

Gibson and Fender have both lost cases by deciding to defend use of the Les Paul body shape(Gibson) and the Stratocaster and Precision Bass body shapes(Fender). Fender lost it's case and Gibson's win against PRS guitars was overturned within a year. In both cases they lost because they had failed to CONSISTANTLY defend their trademarks. Unlike copywrite and patents, trademarks are forever,as long as you defend them.

So you guys calling this a picky or lame move by ZUFFA are just showing your lack of knowledge regarding trademark protection. It's a smart move, and necessary.

---
FrankDaTank14's Avatar - Comment posted on 12/14/2010 15:26
FrankDaTank14
Also, the comments Jim made about the spelling and capitalization on the back of the box are wrong. The back of the box has it written "Become the ULTIMATE FIGHTING machine." Now why would they capitalize those two words specifically? I think it is obvious. Maybe if Jim did a little research about something before just posting about how stupid it is people might actually take him seriously. Then again, its just much easier to give every popular game a 4 in his reviews.
njsykora's Avatar - Comment posted on 12/14/2010 21:36
njsykora
@EVERYONE

Before UFC got big and the term MMA came into widespread use, ultimate fighting was the catch-all term for the sport (hence Ultimate Fighting Championship) then it evolved to hybrid fighting before becoming MMA. Its a bit of an antiquated term but its just a way to refer to the sport, therefore not trademarkable. Like if someone tried to copyright the term queensbury rules.
nintendor1's Avatar - Comment posted on 12/15/2010 00:53
nintendor1
timtheterrible's first comment was spot on. Read it if you want an explanation on why the lawsuit is justified.
Infininja's Avatar - Comment posted on 12/15/2010 04:42
Infininja
@FrankDaTank:

Copywrite, huh? Doesn't lend much credibility to him.
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