Take-Two Interactive Software, Inc., (Take-Two) has filed a U.S. trademark opposition at the Trademark Trial & Appeal Board’s (TTAB) division of the USPTO against Kyra Solutions, Inc. (TTAB Opposition No. 91264117).
Take-Two is a video game holding company that owns Rockstar Games, and is responsible for developing a host of popular video games including, Red Dead Redemption II; Bioshock; the Borderlands series; the Grand Theft Auto series; L.A. Noire; and multiple entries in the 2K franchise of sports games.
The opposition proceeding, which was officially filed on August 10, is over a trademark application for ROCSTAR, which Kyra applied for on April 2, 2019 (see U.S. Serial No. 88367377). Kyra’s “Rocstar” application identified goods in international classes 009 and 042, specifically:
IC 009: Downloadable software for use as a web-browser based application for automating the collection, organization, inventory and display of data relating to geological surveys; downloadable computer software for development of a web-browser based application and establishing communication between the web-browser based application and a server
IC 042: Online, non-downloadable web-browser based applications for automating the collection, organization, inventory and display of data relating to geological surveys; online, non-downloadable web-browser based applications for establishing communications between web-browsers and servers relating to geological surveys, natural resources, governmental regulatory compliance and governmental regulatory processes
Take-Two’s initial opposition papers, which are 223 pages long, cites 26 registered trademarks and 3 trademark applications in support of its opposition against the “Rocstar” mark. Take-Two’s main arguments are that:
- Kyra has never used the mark before the filing of its trademark application;
- The goods and services listed in the “Rocstar” application are “identical and/or closely related to” the goods and services in connection with the ROCKSTAR marks and therefore will be sold through the same / similar channels of trade, as well as to the same class of consumers (presumably people who play video games);
- The ROCSTAR application “is confusingly similar in appearance, sound and meaning” to the ROCKSTAR marks, (which is a fair argument given that Kyra’s “Rocstar” application is presumably pronounced the same (at least it looks like it would be) and is spelled differently only by the removal of one letter), and;
- Take-Two / Rockstar Games will be harmed and its reputation will be damaged is Kyra is allowed to obtain its applied-for mark.
More details about the opposition, including papers filed regarding this opposition proceeding, can be found here.