Zuffa is taking issue with the use of the term "ULTIMATE FIGHTING", which appears on the back cover of the packaging for Ubisoft's "Fighters Uncaged," a term which the company has trademarked. Ultimate Fighting Championship parent company Zuffa LLC filed a lawsuit in the US District Court in Nevada against the French publisher's US arm, based in California, last week.
"[The] defendant's use of the ULTIMATE FIGHTING name and mark is identical or confusingly similar to the use of the UFC® marks, including the ULTIMATE FIGHTING® name and mark on Zuffa's licensed video games."
The official UFC video games are published by THQ, which recently signed an exclusive publishing agreement deal through 2018.
"By using the words ULTIMATE FIGHTING® and setting them all apart in capital letters, [the] Defendant is creating or attempting to create an association between its product, 'Fighters Uncaged' and the UFC®. By using the ULTIMATE FIGHTING® name and mark on its video game, [the] Defendant is attempting to trade on the goodwill of the UFC®."
Zuffa has also taken umbrage to the game's environment, which takes place in the world of illegal street fighting. In its complaint, Zuffa lays out its years-long effort to make mixed martial arts a respected sport.
Zuffa claims that it has suffered "monetary damages" and "irreparable injury to its business, reputation, and goodwill" as a result of Ubisoft's use of the term "ultimate fighting" on the Fighters Uncaged's packaging. The company wants the publisher to be prevented from further using the term "ultimate fighting" and wants all packaging that uses the term to be destroyed. Zuffa is also seeking all profits Ubisoft may have made from the game, as well as attorney's fees, exemplary damages, compensatory damages, and triple the normal damages for trademark violation.
As of press time, Ubisoft had not commented on the complaint.