Overview
The Gameologist Group, LLC v. Scientific Games International, Inc., 2013 WL 276078 (2d Cir. 2013)
The United States Court of Appeals for the Second Circuit affirmed a judgment granting summary judgment to Leason Ellis clients Scientific Games International, Inc. and Scientific Games Corporation, Inc. on claims of trademark infringement and related causes of action brought by The Gameologist Group, LLC. In affirming the judgment dismissing the case, the Second Circuit held that a license agreement, various promotional efforts, and sales of approximately 250 products over several years cannot satisfy the use in commerce requirement necessary to support a trademark infringement claim. In the course of the suit, we invalidated the registered rights of plaintiff in the mark BLING BLING for “scratch-off” lottery tickets.
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Cameron Reuber
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Peter Sloane
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