Gamespot, in a story located here, is reprting that Buzztime Entertainment, the maker of a line of electronic trivia games found in restaurants and bars, has filed suit against Sony Computer Entertainment Europe in the Southern District of California, alleging that Sony’s Buzz! line of games and the "It's time to get buzzing" tagline violate Buzztime’s trademark rights.
Buzztime owns a variety of trademark registrations and applications for marks containing or comprising the term “buzz,” but does not appear to own any registrations or applications for the term “buzz” on a standalone basis.
Sony has filed three trademark applications for the term “buzz” (application data located here, here and here). Sony’s applications all passed the opposition phase without incident and are set to register once Sony files a Statement of Use.
Interestingly, Sony filed the first of its three “buzz” applications as far back as 2004 and the first of its “buzz” applications was published for opposition as early as 2006. It’s hard to imagine that Buzztime’s failure to file an opposition against Sony’s applications was a strategic move. Most likely Buzztime only became aware of Sony’s applications shortly before it filed suit. Had Buzztime filed an opposition proceeding, it’s likely that Buzztime would have been able to force a settlement at a much lower cost than the cost of the federal litigation in which it is now involved.
Buzztime’s failure to file an opposition emphasizes the importance of enrolling strategically important marks in a trademark watching program. A trademark watching program monitors pending trademark applications and provides early notice of potentially conflicting marks. Early notice provides ample time to assess the situation and formulate an appropriate course of action. By failing to monitor strategically important marks a party runs the risk of eroding its trademark rights or being forced into litigation to protect its rights when it discovers a potentially infringing use. The cost of implementing a trademark watching program is minimal compared to the cost of litigating in federal court.
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