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.

37 Comments

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.
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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mutley89

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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!

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Avatar image for Bennop
Bennop

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

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PixelAddict

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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.

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MacenKrace

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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.

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MadGamer132

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what? bull****.

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wahyudil

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

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Avatar image for Backlash24
Backlash24

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

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lamprey263

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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 << LINK REMOVED >>, there's no room for confusion here!!

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Avatar image for DarthEthong467
DarthEthong467

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"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.

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JOKER677

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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

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Avatar image for blackace
blackace

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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.

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bigballedbaxter

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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?

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mattinavat

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

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Goldrock

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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

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Avatar image for BadDog85
BadDog85

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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

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Avatar image for spoonybard-hahs
spoonybard-hahs

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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.

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Avatar image for grasshopper6
grasshopper6

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change names

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Avatar image for gamer082009
gamer082009

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

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Avatar image for Gelugon_baat
Gelugon_baat

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It's not exactly a frivolous lawsuit if the intent of the suit is considered. What is ludicrous however, is the wording for the request of the suit: "The suit requests that a judge prevent EA from releasing or promoting any game with such online features that uses the term "Active." " An injunction against said "any game" is just too much to ask from judges, if it extends to EA's games that have nothing to do with exercising as well. If the wording of the request is exactly as reported here, EA's seasoned lawyers will likely notice this and fall on it like << LINK REMOVED >>.

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Avatar image for FallenAngel
FallenAngel

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

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Avatar image for aj_marquez
aj_marquez

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

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Avatar image for QuistisTrepe_
QuistisTrepe_

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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.

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Avatar image for Flint247
Flint247

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How many lawsuits have we had this year?

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Avatar image for Glade_Gnarr
Glade_Gnarr

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

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Avatar image for FriendBear
FriendBear

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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

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Avatar image for g1rldraco7
g1rldraco7

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Okay. weird games coming from EA.

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Avatar image for Gta3-fan334
Gta3-fan334

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"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.

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junor69

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

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Qiynah

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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.

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Avatar image for ChkChk_boom
ChkChk_boom

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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

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chibi-acer

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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.

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ScreamDream

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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.

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ColdfireTrilogy

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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 ...

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Flatland013975

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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 ._.

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ColdfireTrilogy

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

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Heshertonfist

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

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Flint247

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

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