A recent decision by the General Court of the European Union
Intellectual Property Office (EUIPO) on the effective scope of
trade mark rights will have repercussions for smaller game
developers and publishers that are literally game-changing.
Its impact on the ecosystem, in terms of the protection and
enforcement of brands, should not be underestimated.
The background
Kalypso Media Group GmbH (KMG) had originally applied for the
word mark DUNGEON in respect of the usual games-related terms in
classes 9, 28 and 41. Wizards of the Coast LLC (Wizards), the
owners of the rights to the Dungeons and Dragons games, opposed
KMG's application on the basis of their own, earlier EUTM
registrations for DUNGEONS AND DRAGONS in the same classes.
