Zynga Game Network Inc. is in the computer game software business. You may not recognize your products by their corporate name, but you are the creator of Farmville®. Farmville® is an extremely popular online real-time simulation game available on Facebook® and Apple iPhone®. When playing, users are responsible for managing a virtual farm. Zynga is also the manufacturer of other simulation games, such as CityVille, FishVille, FrontierVille, PetVille, and YoVille.
Blingville, LLC, another computer game software company, intends to launch a virtual game on Facebook® called BLINGVILLE. When Zynga learned of this, he objected and sent several cease-and-desist letters to Blingville. In the letters, Zynga alleges that Blingville is infringing on its trademark rights when it uses the letters “city” in its name and in its game. Zynga claims ownership of the term “ville” based on its family of games ending in the suffix “ville” (mentioned above). Zynga does not own any BLING or BLINGVILLE trademarks, but believes that Blingville’s use of the suffix “city” is likely to lead consumers to believe that the two companies are related in some way or that Zynga endorses or sponsors the Blingville product. In response to Zynga’s lawsuit letters, Blingville filed suit in the District Court of West Virginia. In the lawsuit, Blingville asks the Court to enter a judgment declaring that use of the BLINGSVILLE trademark is not a trademark infringement.
Will Zynga have enough to claim exclusive ownership of the term “city”? It seems we will have to wait and see.
FARMVILLE® is a registered trademark of Zynga Game Network Inc.
FACEBOOK® is a registered trademark of Facebook, Inc.
APPLE iPhone® is a registered trademark of Apple, Inc.
BLINGVILLE® is a registered trademark of Blingville, LLC
