Incredible Technologies, Inc. v. Virtual Technologies, Inc.

400 F.3d 1007 (2005)

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Incredible Technologies, Inc. v. Virtual Technologies, Inc.

United States Court of Appeals for the Seventh Circuit
400 F.3d 1007 (2005)

  • Written by Alexander Hager-DeMyer, JD

Facts

Incredible Technologies, Inc. (IT) (plaintiff) created Golden Tee, a cabinet arcade game that allowed users to play virtual golf on imaginary courses. The game grew in popularity and was primarily purchased by bars, taverns, and arcades. Virtual Technologies, Inc., doing business as Global VR (Global VR) (defendant) took a Golden Tee game and worked to create a game similar enough to Golden Tee to allow players to switch games with ease. Global VR created PGA Tour Golf, a cabinet arcade game that allowed users to play virtual golf as current professional golfers and on computer versions of real courses. The two games used a similar control layout on the cabinet, including a trackball in the center of the panel and a small button designated for spins and shot types. The cabinets themselves were unique and featured different colors, wording, and logos. Global VR’s cabinet also advertised its affiliation with PGA and EA Sports. IT sued Global VR on several grounds, including trademark infringement for copying Golden Tee’s trade dress. IT filed for preliminary injunction against Global VR, but the district court denied the motion. IT appealed to the Seventh Circuit, which addressed the trade-dress claims.

Rule of Law

Issue

Holding and Reasoning (Evans, J.)

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