Randy Chase vs. Hasbro

Spirit Wars Suit

By Brian Train



Here is the text of a press release receiced by the Editor on October 26, 2000 (unfortunately too late to make the November issue):

TOY GIANT ACCUSED BY PORTLAND DEVELOPER OF TRADEMARK INFRINGEMENT

Portland, Oregon, October 25, 2000

Portland-based software developer Randy Chase is alleging that Hasbro has stolen his trademarked name "SpiritWars," and is planning to use the name in a huge holiday season rollout. According to Chase, Hasbro plans to conduct a pre-holiday product launch in early November by hosting tournaments at over 300 stores nationwide.

The lawsuit, filed in U.S. District Court today, alleges that Hasbro is naming its new collectible card game 'The Spirit Wars' in an attempt to directly compete with and dilute the value of Chase's game "SpiritWars." Chase trademarked "SpirtWars' in 1998, through his company KelloggCreek Software, Inc.

Kellogg's attorney, Richard Yugler says, 'This is a case of a large corporation trying to bully a small creative developer who does everything right. Chase did extensive research, properly registered the trademark, and obtained the www.spiritwars.com. URL. Any reasonable trademark search would have found his name. Now, the company that once advertised his product is trying to coopt the name."

Yugler says, "Hasbro should have known the name was already licensed because SpiritWars was advertised in a Wizards of the Coast magazine called The Duelist now known as Top Deck. Wizards of the Coast was acquired in 1999 by Hasbro for $325 million, at the same time they acquired Legend of the Five Rings and Dungeons and Dragons. Wizards of the Coast also distributes the "Pokemon" trading card series that is hugely popular with children.

The lawsuit is seeking a royalty on sales or, in die alternative, a court order prohibiting distribution of Hasbro's collectible card game.

SpiritWars is a registered trademark of' KelloggCreek Software, Inc. Pokemon is a registered trademark of Nintendo of America.


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