On Monday, Take-Two Interactive Software, Inc. filed a consolidated opposition before the Trademark Trial and Appeal Board against Rockstar Axe Throwing, LLC claiming that its trademark rights will be damaged by the registration of the ROCKSTAR AXE THROWING and the stylized designed associated mark.
Applicant Rockstar Axe Throwing filed its application in Class 41 for “Entertainment in the nature of axe throwing competitions; Instruction in the nature of hatchet and axe throwing lessons; Providing sports facilities for hatchet and axe throwing. Take-Two Interactive is “a leading worldwide developer, marketer, and publisher of interactive entertainment, including software, video games, computer games, mobile games,” and other goods and services. Rockstar Games is a subsidiary of Take-Two.
Take-Two has marks that comprise or contain “the term ROCKSTAR and/ or prominently featuring the letter ‘R’ combined with a star design, used alone or with other words or designs (collectively, ‘Opposer’s ROCKSTAR Marks’),” according to the complaint. Take-Two stated that Rockstar Games has used the ROCKSTAR mark since 1998, years prior to the applicant’s filing. There are also marks that incorporate the term “Rockstar,” such as ROCKSTAR TV, ROCKSTAR STUDIOS, ROCKSTAR FILMS, and ROCKSTAR GAMES in connection with its goods and services. Moreover, the term “Rockstar” is a “formative mark” for its other development studios, such as Rockstar North, Rockstar London, and Rockstar San Diego. Additionally, the term “Rockstar” is used with other related services and opportunities like ROCKSTAR PASS and ROCKSTAR GAMES SOCIAL Club, as a result, the opposer stated that ROCKSTAR and the R and star marks are widely associated with its goods and services. For example, popular video games such as the Grand Theft Auto series use the Rockstar brand and marks. Take-Two asserted that it has prominently used these marks and there is high consumer recognition and good will with these asserted marks.
Take-Two Interactive alleged that its has prior superior rights to the ROCKSTAR marks and that the applicant’s services in the applications “are identical and/or closely related to Opposer’s Goods and Services offered in connection with Opposer’s ROCKSTAR Marks.” Furthermore, Take-Two Interactive averred that the applicant’s marks are “confusingly similar in appearance, sound and commercial impression” to its own marks. For example, both utilize the term “Rockstar” in the mark and some of the marks both use a star design. Consequently, Take-Two Interactive asserted that consumers could mistakenly believe that these are associated marks, goods and services, or entities. Moreover, Take-Two Interactive also averred that its famous, distinctive mark would be diluted of its distinctive quality if the applicant’s mark were registered. As a result, the opposer alleged that it will be harmed and damaged if Rockstar Axe Throwing’s marks are registered.
Subsequently, Take-Two Interactive has sought for the opposition to be sustained and for registration of the disputed marks to be refused. Take-Two Interactive is represented by Kelley Drye & Warren LLP.
In August, Take-Two also opposed the registration of ROCSTAR, which was applied for by Kyra Solutions.