Intellectual Property - Toys and Games - Recent Developments

Hasbro, Inc. v. MGA Entertainment, Inc., 2007 WL 2182128 (D.R.I. July 31, 2007)

Relying on its two federal registrations for the trademark MEMORY, game-maker Hasbro sought a preliminary injunction against MGA’s use of the name “3-D Memory Match Up.”  The court held that Hasbro could not establish a likelihood of success on the merits despite its trademark registrations because MGA had produced “compelling evidence that the term ‘Memory’ has been used to describe a generic card game since before Hasbro obtained its first trademark in 1967.”  As generic terms are not protectible as trademarks, Hasbro’s bid for a preliminary injunction was denied.  To read the court’s decision, click here.