Take-Two Interactive Software, Inc., a developer and publisher for software, video, computer, mobile and other interactive games, filed an opposition before the Trademark Trial and Appeal Board on Monday regarding the application of Kyra Solutions’ trademark: ROCSTAR.
Kyra Solutions’ application for the ROCSTAR mark is for “[do]wnloadable software for use as a web-browser based application for automating the collection, organization, inventory and display of data relating to geological surveys” in Class 9 and a related purpose in Class 42.
Take-Two Interactive is the parent company to video game publishing label Rockstar Games, Inc., which has utilized ROCKSTAR trademarks since 1998. Take-Two Interactive has the registered trademark for ROCKSTAR and trademarks which feature the letter R and a star design. The opposer has also registered marks that add words to ROCKSTAR, such as ROCKSTAR TV, ROCKSTAR STUDIOS, ROCKSTAR FILMS and ROCKSTAR GAMES, for use in connection with its goods and services.
Take-Two Interactive claimed it has prior rights to the trademark because the applicant filed for the ROCSTAR mark in April 2019. Take-Two Interactive asserted that it has already created a highly recognizable mark in connection with its products and company. Some of the video game series under the ROCKSTAR mark include “Grand Theft Auto,” “Red Dead Redemption,” and “Midnight Club.”
Take-Two Interactive stated that the applicant’s goods and services are similar to those offered in connection with its ROCKSTAR marks and it is likely that they will be marketed and sold through similar trade channels. Moreover, the opposer averred that the “[d]isputed Mark is confusingly similar in appearance, sound and meaning to Opposer’s ROCKSTAR Marks.” Although the applicant’s mark is missing the “k,”, the pronunciation of the marks is the same. As a result, Take-Two Interactive claimed that there was a likelihood of consumer confusion or a false association between the marks, goods, services, and companies. The opposer further alleged that the approval of the applicant’s mark will harm the distinctive and famous quality of its marks through dilution.
Take-Two Interactive, represented by Kelley Drye & Warren LLP, has sought for their opposition to be sustained and for the registration of the ROCSTAR mark to be refused.
