No kill for Fortnite

Fortnite is immensely popular and one of the most played games at the moment. It is also the (free) game that generates the most money, 1.8 billion dollars in 2019!

With such a well-known brand, you could expect it to be fully protected, including for all kinds of merchandising and the like. That is indeed the case now in the EU. With the emphasis on ‘now’. After a Chinese company filed the identical trademark in the European Union for, among other things, printed matter and bags, Epic Games woke up and quickly filed the trademark itself for a broader specification including various merchandising products. However, too late.

Epic Games, of course, filed an opposition against the application of the Chinese company. You could say that Fortnite is a well-known brand and that based on the broader protection of a well-known trademark, an opposition would still prevail against the application of the Chinese company. That also initially seemed the intention because the opposition was also filed on this ground. But for unclear reasons, that claim was not continued. As a result, only part of the products were considered similar, which means that Fortnite has to tolerate an identical trademark. No-kill for Fortnite!

Arnaud Bos

“Trademark protection gives freedom to do business.”

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