EA Sports Active 2.0 target of trademark lawsuit

The Active Network takes Electronic Arts to court over online-enabled PS3 and Wii sequel to its gaming fitness franchise.

Later this year, Electronic Arts plans to lace up its sneakers again and take its hit fitness game online with EA Sports Active 2.0 for the Wii, PlayStation 3, and iPhone. Not everyone is happy about the news, as the La Jolla, California-based Active Network filed suit against the publisher last week to prevent the game's release.

All that exercise might help EA if the legal fight comes to physical blows.

According to a copy of the suit obtained by GameSpot, The Active Network is claiming that EA Sports Active 2.0 will infringe on its trademark rights. The company claims it has the rights to the word "Active" in connection with "providing information regarding the scheduling of participatory sports and recreational activities and sporting events; sports training services, namely, providing personal training schedules and programs." The company has been using the term since 1999 and has a registered trademark on it dating back to the middle of 2008.

The Active Network says it offers a number of services through its Active.com Web site, including online creation of exercise programs, personal fitness chat rooms, and online tracking for workout activity, calories, heart rate, and weight, among other things. The company says EA Sports Active 2.0 will perform many (if not all) of the same functions, making it a direct competitor. The complaint acknowledges that EA created two previous EA Sports Active games for the Wii, but notes that those titles did not incorporate online features.

The suit requests that a judge prevent EA from releasing or promoting any game with such online features that uses the term "Active." The Active Network is also seeking punitive damages believed to be more than $75,000, as well as attorney's fees.

An EA representative had not returned a request for comment as of press time.

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Discussion

37 comments
mutley89
mutley89

this is probably just free advertising for there crappy website and at best some pocket money from EA, just hope it doesnt delay this title, looks awesome!

Bennop
Bennop

Legal disputes like this disgust me. It's all about money.

PixelAddict
PixelAddict

This isn't really clear cut and I don't think Active.com has a slam dunk case. Maybe if they were both named Activo, or something else similar yet unique. I think this will be a hard case for Active.com to win.

MacenKrace
MacenKrace

You can count on EA to do this sort of thing and screw it up big time. Why the hell did you even need online features for this thing? Doing yoga with your friends? Sounds fun.

wahyudil
wahyudil

welll ... change the title to become EA sports Active Resort or EA sports Activity or EA sports Active life .... its the same but different

Backlash24
Backlash24

This is competition based ... and well I hope its gets thrown out ...

lamprey263
lamprey263

I thought the use of trademarking is so that people don't get confused by competing products. I highly doubt that anybody getting EA Sports Active 2.0 game software is gonna confuse any consumers seeking the services of Active Network... and looking at their website I'm not sure what the hell they're trying to sell, basically corporate middlemen trying to extort money from business to set up activities. I'm pretty sure anybody going into a GameStop or Best Buy to pick up EA Sports Active 2.0 will be in anyway confused with trying to facilitate a fund raising walkathon. SERIOUSLY!! Look at their website, there's no room for confusion here!!

DarthEthong467
DarthEthong467

"The company says EA Sports Active 2.0 will perform many (if not all) of the same functions, making it a direct competitor." That's all I really got out of this. They don't give a s*** about the name, they're just pissed about losing business to this "game". If they really cared so much about the name they should've filed a lawsuit for the first game.

JOKER677
JOKER677

If its not hardware its software getting hit with all these lawsuits on copyright, doesn't anyone look up the name before they decide to use it instead of wasting money on lawsuits

blackace
blackace

I wouldn't call this a game. More of an exercise program. Wii Fit was pretty similar. I liked Wii Fit, I just thought the balance board was way to small. It need to be at least 6 inch longer on all sides. This was obviously made for the Asian market where most of them have small feet. If your feet is 11in or bigger you'll be sliding off the board a lot. I wouldn't mind checking out this program just to see what it has.

bigballedbaxter
bigballedbaxter

eh...by the time EA is done w/ this they'll own Active.com. On to more pressing matters...can I see more of the chick hula-hooping in her panties?

mattinavat
mattinavat

That is freaking hilarious that EA picked up the wii fit girl to promote this.

Goldrock
Goldrock

video games have been copyrighted copy righted by the orginal game maker dunno if he's still alive but from what i heard he gets royalties from every game made. and ea deserves too get bit back afterall they started the lawsuits by trying too copyright sport games. let the battle comence

BadDog85
BadDog85

I wonder if the term "video game" has already been registered. That way someone could be making a cr@pload of money by milking the..ehem.. "VIDEO GAME" industry... Come to think about it... i'll just go do that right now. :D

spoonybard-hahs
spoonybard-hahs

OH NO!! NOT COMPETITION!!! SWEET JEEBUS NOOOOO!!! I have to admit though, unlike that one company who sued Microsoft because Halo infringed on its patent of a "3D, interactive chat room," this law suit does have some merit. "Some" being the operative word. The title of the product is "EA Sports Active." Not "EA Active" or even just "Active." Not only that, but I'm certain that active.com doesn't offer software for purchase that acts as a portal to their offered services. And actually, it doesn't even appear that they charge a premium to use their site. And finally, I never even heard of active.com until having read this article. EDIT: Having taken a quick glance of active.com, I must change my opinion. This is a frivolous law suit. Active.com offers athlete interviews, how-to's on sports ranging from basketball to surfing and even offers a low-rent "singles" service. As well as sports scores. Active.com will offer more than what EA Sports Active 2.0 will offer.

gamer082009
gamer082009

Who wants this game anyways?..Most certainly not i.

FallenAngel
FallenAngel

I've seen some ridiculous lawsuits against gaming companies in my time...but this one surely takes the cake.

aj_marquez
aj_marquez

@Heshertonfist How on Earth is that possible?! That must be one of the smartest jokes I've ever heard.

QuistisTrepe_
QuistisTrepe_

This lawsuit defies so many levels of absurd. This is simply beyond reason. So now that this version of EA Sports Active includes an online component, now it's civil suit worthy on that alone? No way this thing makes it to trial. What a farce.

Flint247
Flint247

How many lawsuits have we had this year?

Glade_Gnarr
Glade_Gnarr

So can I trademark the number 2 and sue pretty much everybody in the game industry? Lawsuits like this are stupid.

FriendBear
FriendBear

I hate stories like this, companies trying to make money by exploiting legal loopholes. The word "Active" can't be trademarked since it is a commonly used word, maybe ol' Mcdonald the farmer should sue the burger giant over name infringement? /sarcasm

g1rldraco7
g1rldraco7

Okay. weird games coming from EA.

Gta3-fan334
Gta3-fan334

"The company says EA Sports Active 2.0 will perform many (if not all) of the same functions, making it a direct competitor. " Awww, The Active Network is scared. How cute.

junor69
junor69

good god people that use this crap must have a very boring life

Qiynah
Qiynah

How is it that I find myself on EA's side of things so often lately? The universe is twisted somehow. Seeing as EA already has a franchise in motion with the Active name I really really don't see this going through, but then again we're talking California here, not planet Earth.

ChkChk_boom
ChkChk_boom

The word is too widely used. It's ridiculous if they can trademark it. It's almost as bad as McDonalds trying to stop the Oxford dictionary from publishing the word McJob because of its prefix. Total McFail lolz

chibi-acer
chibi-acer

Seems flimsy, considering the game is formally titled "EA Sports Active". It's even listed that way on GameSpot. I really don't see anyone confusing this with Active.com, regardless of what online capabilities the game has.

ScreamDream
ScreamDream

Pretty nice of the Active Network to warn EA before they release their game instead of a year after like most companies and sue big time. Better change the name EA. Love that video. Need more Wii Fit girl.

ColdfireTrilogy
ColdfireTrilogy

LOL bob green is Oprah's Trainer ... clearly we dont wanna use him seeing as how Oprah never seems to be able to hold off her weight any longer than is necessary to promote the next big thing in weight loss ...

Flatland013975
Flatland013975

They have finally descended to using single-word descriptors as reason for litigation. Soon, usage of the letter "X" to represent experimental or "extreme" will be localized to one company ._.

Flatland013975
Flatland013975

They have finally descended to using single-word descriptors as reason for litigation. Soon, usage of the letter "X" to represent experimental or "extreme" will be localized to one company ._.

ColdfireTrilogy
ColdfireTrilogy

This is such a bogus lawsuit ahahahha, can believe this is even going to court XD

Heshertonfist
Heshertonfist

Ahh lawsuits. Law schools are producing 2.3 lawyers per citizen in the states.

Flint247
Flint247

[This message was deleted at the request of the original poster]