Edge Games, Inc. v. Electronic Arts, Inc.

Good Law
745 F. Supp. 2d 1101·2010 WL 3895533·2010 U.S. Dist. LEXIS 108727
United States District Court, Northern District of CaliforniaOctober 1, 2010C 10-02614 WHACalifornia7,360 words

Opinion

Opinion

Alsup, J.

ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION

INTRODUCTION

In this trademark infringement action involving video-gaming giant Electronic Arts, Inc. and its “revolutionary” first-person, action-adventure video game “Mirror’s Edge,” plaintiff Edge Games, Inc. — a so-called “small video-gaming company” based in Pasadena — moves to preliminarily enjoin defendant Electronic Arts from using the “MIRROR’S EDGE” mark while this dispute unfolds in court. Because plaintiff has failed to establish that it is likely to succeed on the merits, that it is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in its favor, or that an injunction is in the public interest, the motion for a preliminary injunction is Denied.

STATEMENT

1. Plaintiff Edge Games, Inc.

Edge Games, Inc. is “one of the oldest surviving video game development and publishing businesses” on the planet — at least, that’s what its founder, chief executive officer, and sole shareholder, Dr. Tim Langdell, would have a jury believe (Lang-dell Decl. ¶¶ 1-3). According to Dr. Lang-dell’s declaration, he began using the “EDGE” mark in connection with video-game marketing and…

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