April 16, 2023
Mobigame repeatedly lose to EDGE in trademark cases worldwide; EDGE proven to have acted ethically at all times and its director proven never to have been a "trademark troll"
PASADENA, Calif. -- EDGE Games, Inc. (EGI) has scored several wins in courts and tribunals around the globe against Mobigame on the question of who has the right to use the mark EDGE for games: Mobigame has now lost repeatedly. Mobigame's first loss to EGI came in 2020 when the US trademark office ruled that Mobigame was denied the right to register the mark EDGE in its name for games. Then Mobigame lost to EGI again in August 2022 when, having thoroughly reviewed all use made of the marks EDGE and EDGE GAMES by EGI since 1984, the UK trademark office ruled that EGI had made use of its EDGE marks at all times. This was contrary to Mobigame's unfounded claim EGI had ceased use and Papazian's bizarre claim that he was the first-ever user of the mark EDGE. Further, the UK trademark office failed to find that Mobigame had acquired any goodwill arising from its use of the mark EDGE for its iPhone game, and that thus Mobigame has been passing off on EGI's goodwill in the mark EDGE since 2009.
Mobigame appealed the 2022 UK trademark office decision to the highest appeal judge for trademarks, and on March 30, 2023 Mobigame lost the appeal. The Appeal judge affirmed the decision of the trademark office expert, and denied Mobigame's attempt to cancel EGI's marks EDGE and EDGE GAMES. On appeal, the judge repeated that it was clearly Mobigame who has been passing off on EGI, and that thus EGI had never acted unethically in asking Mobigame to cease use of its mark EDGE. EGI's CEO, Tim Langdell, therefore never acted unethically nor was he ever a "trademark troll" as Mobigame's president David Papazian has repeatedly tried to claim.
Mobigame also lost to EGI in its home territory of France: the French trademark office also ruled in favor of EGI, allowing EGI to retain its EDGE registrations in France and denying Mobigame the right to any claim to the right to use the mark EDGE in France. The French authorities ruled that while Mobigame had sold a few copies of its iPhone game that it titled "Edge" in the 2009 to 2012 period, those sales were insufficient to make Mobigame "famous" for the mark EDGE. The French judge also noted that in any event, Mobigame had not published a new game in over a decade and had sold very few of its existing games in the past eleven years.
EGI very much trusts that these repeated wins against Mobigame on the question of who has the right to use the mark EDGE for games finally puts to rest the question of who acted badly in the dispute. Clearly, these decisions show neither EDGE nor its CEO Tim Langdell ever acted badly, and on the contrary it was always Mobigame's Papazian that acted badly, making false allegations against Langdell solely as a smear campaign to unfairly defame game industry veteran Langdell.
Said EGI's CEO Langdell, "This whole dispute with Mobigame started with Papazian asking me our permission for him to use the name EDGE for his game. When I declined his request he switched to making up outlandish false claims about me and my company just to defame us. It was alarming how quickly the games press started repeating his absurd statements as if they had any foundation in truth. He claimed we hadn't published any games since the 1980s which obviously wasn't true. Then he claimed that I spent my days suing people to force them to give EDGE money, when we had never sued anyone to ask them for money. In fact we had only sued a couple of companies in the past 30 years, and each time for very good reasons and we'd won both times. Then he and his followers start spreading false rumors that I had fabricated specimens in order to get our marks registered, when there was no truth to that. Hopefully now the truth is finally out the game press will at last acknowlege that I never acted unethically and was never a trademark troll." (Papazian's 2009 email asking Langdell for permission to use EGI's mark EDGE)
Mobigame had several costs awards amounting to thousands of dollars against it in favor of EGI both in the UK and France, but has yet to pay any of the awarded funds to EGI, despite being past the deadlines set by the courts to do so.
In related news, EGI also won against Razer Inc., successfully getting the USPTO to cancel Razer's trademark for EDGE for handheld game devices. In the 2020 decision, the USPTO ruled that EGI had won its case to get Razer's registration cancelled. This ruling confirmed that Razer has been passing off on EGI's goodwill in the mark EDGE since the launch of its first 'Edge' handheld (the tablet version) in 2012.
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