A Louisiana film production company, Stellarblade, is suing Sony and Shift Up, the developer of the PS5 game Stellar Blade, for alleged trademark infringement. The lawsuit, filed earlier this month in a Louisiana court, claims that Stellarblade's business has been harmed by the game's use of a similar name.
The plaintiff, Griffith Chambers Mehaffey, argues that the similarity between "Stellarblade" and "Stellar Blade," including their logos and stylized "S," causes consumer confusion and impacts his company's online visibility. He claims that search results for "Stellarblade" are now dominated by the game, making it difficult for potential clients to find his film production company.
Mehaffey's demands include monetary damages, attorney fees, an injunction preventing further use of the "Stellar Blade" trademark, and the destruction of all related game materials. He registered the "Stellarblade" trademark in June 2023, after sending a cease and desist letter to Shift Up the previous month. He also points out his ownership of the stellarblade.com domain since 2006 and use of the name in his business since 2011.
The defense is complicated by the fact that Stellar Blade, initially known as "Project Eve," only adopted its current name in 2022, while Shift Up registered the trademark in January 2023. Mehaffey's lawyer argues that Sony and Shift Up should have been aware of Mehaffey's prior rights. The lawyer also emphasizes the significant impact on Mehaffey's business due to the game's online presence overshadowing his company's search results. Importantly, trademark rights can often be applied retroactively.
The case highlights the complexities of trademark disputes, particularly when involving established businesses and large corporations. The outcome will depend on the court's assessment of the trademark similarity, the potential for consumer confusion, and the timing of trademark registrations.