Imagination Games has won an appeal in its case against US firm George and Co.
A US Court of Appeals upheld a lower court's decision that rejected claims by game maker George and Company that Imagination’s Left Center Right game infringed upon George’s trademarks.
In May 2007, George & Co. sued Imagination over the Australian company’s Left Center Right dice game, a version of a generic game that George had been selling since 1983—and crucially to the outcome of the case—marketing as simply LCR since 1992.
"I am happy the appellate court has agreed with the summary judgment decision handed down on July 25th, 2008, in favor of Imagination," said Shane Yeend, Imagination CEO (pictured).
"We have maintained our position that we would be vindicated since first being sued by George & Co. It has been a costly and a disruptive action to defend, but it is something we felt strongly about as we had done nothing wrong. I am pleased it is all finished now so we can put this behind us and get back to work making and marketing great game play, including our range of Left Center Right dice games.”
The court’s decision was based on several factors, including a failure by George & Co. to prove to a significant enough degree that Imagination's game created "actual confusion" in the marketplace.