OG International, LTD. et al v. Ubisoft Entertainment et al
United States District Court, Northern District of California
Case No. 3:2011cv04980, Filed On October 7, 2011
Both OG International and Ubisoft create games that focus upon the user performing dance steps. Using dance in games is not a new concept and it has been featured in games such as Konami’s “Dance Dance Revolution.” OG developed its own dancing game, “Get up and Dance,” in 2011. This game taught users how to perform dance steps through an avatar displayed upon the screen, similar to Ubisoft’s “Just Dance” series. After OG’s game debut at the Electronic Entertainment Expo, Ubisoft contacted OG claiming it had infringed upon its copyright and trade dress. Ubisoft asserted that OG’s avatars infringed upon its copyrights, however OG countered that these avatars were generic and not entitled to protection.On October 7, 2011, OG filed a suit for declaratory judgment. Ubisoft followed by filing a motion for a temporary restraining order and preliminary injunction. The court refused Ubisoft’s motion, however, stating that Ubisoft “failed to make a clear showing that it is entitled to [a restraining order and preliminary injunction]…[and] has not demonstrated a clear likelihood of success on the merits, nor a clear showing of irreparable harm.”
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