MD software developer alleges Irish mobile game developer infringed trademark

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A Takoma Park software developer has filed a federal lawsuit against an Irish mobile game developer, alleging trademark infringement.

In a complaint filed last week in the U.S. District Court for the District of Maryland, the Institute for Dynamic Educational Advancement, or IDEA.org, alleges Bluebear Technologies Ltd. infringed its trademark “OtherWordly” when Bluebear Technologies used the mark “Wordly.” Both companies, according to IDEA, use their marks for word game apps.

IDEA also contends that Bluebear Technologies’ use of “Wordly” constitutes unfair competition under federal law.

According to the complaint, IDEA has used “OtherWordly” in commerce continuously since 2006.

IDEA argues that Bluebear Technologies’ use of “Wordly” is likely to cause confusion among consumers as to the source of Bluebear’s goods, particularly because both companies are using their marks in connection with video and computer game software. Additionally, IDEA says that confusion as to the source of the goods is likely because both companies develop and distribute video and computer games.

Counsel for IDEA declined to comment. Bluebear Technologies did not immediately respond to The Daily Record’s request for comment.

Under trademark law, or the Lanham Act, trademark infringement can be established if a party demonstrates that it has a valid and legally protectable mark, owns the mark and that the defendant’s use of the mark to identify goods or services causes a likelihood of confusion.

To show a likelihood of confusion, or whether consumers are likely to be confused by the use of one mark when there is another previously established mark, the plaintiff must show that the allegedly infringing trademark is likely to cause an appreciable number of reasonably prudent purchasers to be confused as to the source or origin of the products or services it is used to identify.

According to its website, IDEA is a nonprofit organization aimed at boosting linguistic, scientific and cultural literacy through the development of free and affordable mobile apps and games.

Bluebear Technologies, according to its website, develops a variety of mobile apps, including “Wordly” that allows users to find and trace as many words as possible on a randomly generated board before the clock runs out.

The complaint makes no mention of whether IDEA has filed for trademark protection in multiple countries, or what is known as the Madrid Protocol.

According to the complaint, IDEA is seeking a preliminary and permanent injunction to stop Bluebear Technologies from using the mark “Wordly” or other “confusingly similar” marks. IDEA is also seeking an order requiring the destruction of all of Bluebear Technologies’ materials bearing the mark “Wordly.”