Game of Thrones vs. GAME OF DRONES

The trademark GAMES OF DRONES for toy drones and entertainment is, of course, quite witty and well-conceived.

But the company responsible for this trademark could probably have guessed that Game of Thrones wouldn’t be too happy about it. After all, the success of Game of Thrones extends far beyond the TV series itself. The title has grown into a well-known brand, used not only for entertainment services but also for toys and games.

In a recent opposition, Home Box Office (HBO) objected to the European trademark application for a figurative mark containing the words GAME OF DRONES.

The Opposition Division of the European Union Intellectual Property Office (EUIPO) rejected the mark. According to the Office, the relevant products and services were identical: toy drones fall within the broader category of toys, and the requested entertainment, educational and training services corresponded fully with the earlier registration for GAME OF THRONES.

The comparison of the signs also went unfavorably for the applicant. The EUIPO specifically considered Bulgarian and Polish consumers, for whom the difference in meaning between THRONES and DRONES is less obvious than for English-speaking audiences. For that group, it was particularly significant that both marks start with “GAME OF” and that the last word is visually and phonetically very similar: the difference between TH and D at the beginning of the last word was deemed too small to rule out confusion, especially since the products and services were identical.

Interestingly, the EUIPO did not need to establish that GAME OF THRONES enjoys an enhanced reputation. The mere risk of confusion was enough to allow the opposition to succeed. As a result, the application was entirely refused.

For practitioners, this serves as a reminder that a creative nod to a well-known brand can be legally very risky, even if the joke or reference is obvious. Especially for identical goods or services, a small variation may quickly prove insufficient.

Author: Erwin Haüer

Bio: Erwin is a trademark attorney and, as the managing partner, in charge of IT and Information Management. He works extensively with startups and scale-ups, while his clientele also includes numerous multinational corporations. Erwin possesses a sharp wit and a keen eye for remarkable trademark news and curious brand infringements.