Fresh off of a study that "proved" that the fitness software will actually improve your health, EA Sports' Active franchise has been hit with a trademark lawsuit. More specifically, the suit is against the most recent addition to the product line, EA Sports Active 2.0. EA intends to release the sequel later this year for PlayStation 3, Wii, and iPhone.
According to court documents, sports-centric web portal The Active Network is saying the title will infringe on their existing trademark. The company says it owns the rights to the word “Active” in tandom 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 used the term since 1999, and received a trademark in 2008.
The Active Network's documentation goes onto say that EA Sports Active 2.0 will provide similar functionality to company's website Active.com, such as online tracking for personal health statistics, personal fitness chat rooms, and creation of personalized exercise programs. The company believes the previous EA Sports Active titles did not infringe because they contained no online features.
The suit asks that a judge prevent EA from releasing or advertising any title using the word Active that also contains additional online features. The Active Network is seeking a recoup of attorney's fees, as well as $75,000 or more in punitive damages.
[Thanks GameSpot]
