Aristocrat Leisure takes legal action against a US games maker over trademarked images
The $43bn ASX-listed Aristocrat is suing a small US company over allegations it ripped off its ‘Bufallo’ and ‘5 Dragons’ games, and it wants the courts to approve punitive damages.
Business
Don't miss out on the headlines from Business. Followed categories will be added to My News.
Australian pokies machine giant Aristocrat is seeking millions of dollars in damages after suing a small US company over allegations it ripped off its games displaying buffaloes and dragons.
In the highly competitive world of gaming, where an image of a fire-breathing dragon or a treasure chest full of golden coins is the difference between a hit with punters or being completely ignored as they go to another machine, pokies machine giant Aristocrat plays it tough employing a legion of lawyers to defend its intellectual property.
While it might be nice to be copied, as a corporate form of flattery, the $43bn Aristocrat gaming empire is having none of it and has launched its latest legal action against a little-known gaming creator called Trestle Co in the US, over the poker machine imagery of something as simple as buffalo and dragons.
Such is Aristocrat’s resolve that it is seeking high punitive damages from Trestle Co in order to act as a warning to other gaming companies and to “make an example of it to the community”, its court document states.
According to legal documents lodged with the US district court of Nevada, Aristocrat Technologies – the US subsidiary of the ASX-listed Aristocrat Leisure – is suing Trestle Co and its subsidiary, Midwest Amusements, for trademark infringement and unfair competition.
At the centre of Aristocrat’s court action against Lincoln, Nebraska-based Trestle Co is gaming imagery and play connected to Aristocrat’s Buffalo and 5 Dragons trademarks. These trademarks, Aristocrat claims in its court filings, are part of “game families” that are among some of its most popular and widely recognised products.
Trestle Co’s website says it sells gaming machine games such as Lucky Sheriff, Under the Sea, Irish Gold and Spooky Licious, and makes software and gaming consoles that are exported to Europe, Australia, Asia and South America.
In the billion-dollar global gaming industry images can be everything, can be the arbiter of what games succeed and which fail, hence proving in demand or not by casinos, and are fought over furiously by their creators such as Aristocrat. A small developer in the middle of Nebraska can be as much as a threat as any large Wall Street corporation.
Aristocrat, the gaming giant founded by now 101-year-old billionaire Len Ainsworth, is quick to seek legal redress to protect its intellectual property and imagery. Last year it launched legal action in the Nevada courts against Light & Wonder, the ASX-listed gaming newcomer led by veteran industry executive Jamie Odell and backed by rich-lister Will Vicars, claiming it had breached Aristocrat’s trade secrets and intellectual property. It further claimed Light and Wonder poached the company’s game developers to build its hyped new game, Dragon Train. In court documents Aristocrat accused Light & Wonder’s Dragon Train game of being a “knock-off” of its own Dragon-themed game, Dragon Link.
Meanwhile, in its action lodged last month against Trestle Co, it has made accusations of trademark infringement, unfair competition and copyright infringement.
“Aristocrat offers gaming-related goods and services in connection with its Buffalo and 5 Dragons trademarks, including but not limited to, gaming machines for gambling, computer game software for gambling machines, and entertainment services in the nature of providing web-based systems for online gaming, among other things,” its court filing says.
“Aristocrat’s Buffalo and 5 Dragons game families are among some of its most popular and widely recognised offerings. These game series feature easily recognisable titles, artwork, stylisation, and colour schemes, and Aristocrat’s substantial investments in designing, developing, and promoting these games has resulted in considerable recognition and goodwill among its customers, including casino and social casino patrons.
“Millions of people have played Aristocrat’s games as offered under plaintiff’s Buffalo and 5 Dragons trademarks in Las Vegas, Nevada and around the world.”
Aristocrat has claimed its rights for these trademarks are “well known” within the gaming community but, despite this, Trestle Co is selling games on its website that are very similar to Aristocrat’s.
“Defendant (Trestle Co) offers and advertises gaming machines in connection with the trademark The Buffalo Game on its websites … defendant’s use of the trademark The Buffalo Game is confusingly similar to Aristocrat’s Buffalo trademarks, which on information and belief, Aristocrat has priority of use and registration,” Aristocrat’s claim states.
“The overall concept and feel of defendant’s The Buffalo Game, including individual design elements and visual works of art, is substantially similar to Aristocrat’s original works of visual art that are used and displayed in connection with plaintiff’s (Aristocrat) Buffalo games, which on information and belief, were created prior to defendant’s designs and of which defendant had prior knowledge and access.”
It argues a Dragon game also sold by Trestle Co and Midwest Amusements is “substantially similar” to Aristocrat’s own Dragon poker machine games.
“Plaintiff is informed and believes and thereon alleges that by defendant using the infringing trademarks in connection with its competing gaming machines, software and related goods and services, as well as using substantially similar versions of plaintiff’s copyrighted works of visual art, without rights or permission, defendant is attempting to trade on the goodwill associated with plaintiff’s trademarks and is infringing upon plaintiff’s copyrights,” the claim states.
Aristocrat claims it has suffered “monetary loss and irreparable injury to its business, reputation and goodwill”, while Trestle Co’s “wilful” action has handed it “unjust profits, gains and advantages as a proximate result of its infringement”.
The ASX-listed Aristocrat is seeking an injunction against Trestle Co, damages and punitive damages “in an amount appropriate to punish defendant and to make an example of the defendant to the community”.
A spokesman for Aristocrat said the company would “vigorously defend its intellectual property.”
More Coverage
Originally published as Aristocrat Leisure takes legal action against a US games maker over trademarked images
Striking smelter workers win better pay deal
The giant Tomago aluminium smelter’s management has bowed to striking workers as hopes fade for a US tariff exemption.
Super opening door into home ownership a political split decision
Do younger people want to tap into their super savings for a home deposit? The impending federal election will test the assumption that the Coalition policy is popular.