A Louisiana film production company, "Stellarblade," is suing Sony and Shift Up, alleging trademark infringement over the PS5 game, Stellar Blade. The case highlights a complex trademark battle between a small business and a major game developer.
Trademark Clash: Stellarblade vs. Stellar Blade
The lawsuit, filed earlier this month in a Louisiana court, centers on the similarity of the names "Stellarblade" and "Stellar Blade." Stellarblade, a film production company specializing in commercials, documentaries, and independent films, claims Sony and Shift Up's use of the nearly identical name has harmed their business. They argue that the game's prominence in online searches overshadows their company, making it difficult for potential clients to find them.
The film company seeks monetary compensation, attorney fees, and a court order preventing further use of the "Stellar Blade" trademark. They also request the destruction of all related game materials.
Stellarblade registered its trademark in June 2023, after sending a cease-and-desist letter to Shift Up the following month. The company claims to have owned the stellarblade.com domain since 2006 and operated under the "Stellarblade" name since 2011. Shift Up registered the "Stellar Blade" trademark in January 2023, after initially using the working title "Project Eve" for the game since 2019.
Stellarblade's legal counsel argues that Sony and Shift Up should have been aware of their pre-existing trademark rights. They emphasize the significant overlap in online search results, causing substantial harm to Stellarblade's online visibility and business. The similarity of the logos and stylized "S" is also cited as a point of contention.
The legal team representing Stellarblade highlights the long-standing use of the name and domain, arguing for the protection of their brand against the overwhelming resources of larger companies. They contend that the actions of Sony and Shift Up constitute unfair competition. Importantly, the lawsuit notes that trademark rights can often have retroactive effect, extending beyond the official registration date. The outcome of this case will set a precedent for similar future disputes.
