Sega Enterprises, Ltd. v. Sabella

1996 WL 780560 (1996)

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Sega Enterprises, Ltd. v. Sabella

United States District Court for the Northern District of California
1996 WL 780560 (1996)

  • Written by Alexander Hager-DeMyer, JD

Facts

Sega Enterprises Limited (Sega) (plaintiff) created and sold the Genesis game console and various video-game cartridges that allowed individual games to be played on the Genesis. Sharon Sabella (defendant) operated an electronic bulletin board through which users could upload and download electronic information, including video-game software. Multiple Sega video games were uploaded to the board. The files were listed with the word “Sega” in the title, and when users downloaded and played the games, the Sega trademark appeared on screen. Sabella solicited users to upload game data and also sold copiers, which permitted users to play the downloaded game files. Sabella had the ability to moderate her board. Sega sued Sabella for copyright and trademark infringement under both federal and state law. Sabella submitted testimony that she did not know that users were uploading or downloading games that were copyrighted by Sega or that had the Sega trademark. Sega moved for summary judgment as to the trademark infringement and for false designation of origin under federal trademark law.

Rule of Law

Issue

Holding and Reasoning (Wilken, J.)

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