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Bryan E. Kuhn
Counselor at Law, P.C.
Business & Employment Law Attorney

Lawsuit over trademarks come against Fortnite

Intellectual property is important to businesses for a variety of reasons. If another company starts using a copyrighted image or trademarked name without permission, it could cause confusion among consumers as well as potentially cause damages for the holders of those trademarks or copyrights. As a result, litigation over that infringement could occur.

Colorado readers may be interested in a trademark lawsuit recently filed in another state. According to reports, the owners of Coral Castle, a sculpture garden tourist attraction, has filed a lawsuit against the developer of the popular online game Fortnite. Apparently, Coral Castle appears in Fortnite Battle Royale, but the developer apparently did not obtain permission to use the name. The owners indicate that they have registered and common-law trademarks for the name.

The lawsuit claims that Epic Games, the developers of Fortnite, have committed trademark infringement, unfair competition and other violations. At the time of the report, Epic Games had not provided a comment. It was noted that this is not the first trademark lawsuit that Epic Games has faced regarding Fortnite, but the company has apparently successfully defended against previous claims.

When trademarks and other intellectual property are used without permission, legal action is often necessary. In some cases, the problem can be resolved outside of court, but if a person or company does not believe that a violation has occurred, the unapproved use may continue. Trademark litigation can help Colorado companies facing similar issues defend their property and seek compensation for any damages that may have occurred over its misappropriation and unauthorized use.

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