Comment by setopt
4 days ago
IANAL either, but could this be a trademark issue? My understanding is that if you don’t defend your trademarks you risk legally losing them.
4 days ago
IANAL either, but could this be a trademark issue? My understanding is that if you don’t defend your trademarks you risk legally losing them.
You can only defend your trademark with respect to product categories that you actually market. Unless IKEA were in the business of selling parody video games, their trademark doesn't apply.
Wait... is that why IKEA just put out a parody video game?
The game featured a store and stuff in it, that's a product category IKEA markets.
If the name of an unrelated game was IKEA as some clever acronym or such and it was unrelated to stores, that would be a different trademark convo.
The game is not itself a store or advertising a real store. It is an entirely different product category. Parody is still legal and allowed as fair use, the likeness is the point. This is hardly the most egregious example that I have seen.
Ultimately, these matters would likely be decided in court. IANAL either but it seems like the game maker would have a strong case. Among the things IKEA would have to prove is actual harm and confusion, who would seriously argue that? That doesn't mean IKEA couldn't make it impossible to fight with their unlimited legal resources, I can understand not wanting to spend a chunk of your life on that.
Two things can be true at once: this is the most creative marketing in recent memory and genuinely funny, and IKEA destroyed someone's work simply because they can.
IKEA has made video games for a long time: https://store.steampowered.com/app/447270/IKEA_VR_Experience...
You can also defend it against tarnishment. They can argue that IKEA appearing in a violent video game has negative associations with their trademarks.
Unethical IP lawyers spew that nonsense all the time. Failing to enforce your trademark against a tiny alleged infringer has no effect on your trademark rights at all.
This is false, however this is not seem like a case where trademark is being infringed. If someone else opens a store called Ikea they obviously have to shut it down.