According to Techcrunch, Zynga who recently launched runningwithfriends.com, and also owns and operates Words With Friends®, Chess With Friends®, Scramble With Friends®, Hanging With Friends™, Matching With Friends™, Gems With Friends™ and Games With Friends®, told the dating website CupidWithFriends that they need to change the site’s name, because it allegedly infringes on Zynga’s trademarks.
CupidwithFriends.com gave the C & D letter from Zynga to TechCrunch who published it as we have below
Zynga is demanding that CupidWithFriends change its name by May 24.
The operator of CupidwithFriends.com say that have “no plans to change the name of the product,”
As the TechCrunch article points out another company owns and operates what has become a popular App Bang with Friends.
I guess “with Friends” has become Zynga’s new ‘Ville” and like Facebook which has filed suits against sites using the word “face” or Book”, Zynga is positioned to become the next TM bully.
Here’s the full letter to CupidWithFriends:
Dear Sir or Madam:
We serve as intellectual property counsel to Zynga Inc. (“Zynga”). Among other things, Zynga publishes and owns intellectual property rights in the ‘WITH FRIENDS™ family of social games, which includes Words With Friends®, Chess With Friends®, Scramble With Friends®, Hanging With Friends™, Matching With Friends™, Gems With Friends™ and Games With Friends®, as well as other ‘WITH FRIENDS games in various stages of development (collectively the ‘WITH FRIENDS Family of Trademarks). Each of Zynga’s games using the ‘WITH FRIENDS Family of Trademarks is published and played by millions of users on various social networking portals, including Facebook, Android and iPhone.
Zynga has consistently used and promoted the ‘WITH FRIENDS Family of Trademarks together as a family and, as a result of Zynga’s extensive marketing efforts and commercial success, the ‘WITH FRIENDS Family of Trademarks is strongly identified by consumers with Zynga’s reputation for quality.
It has come to our attention that CupidWithFriends has developed and launched an application called “Cupid With Friends”. CupidWithFriends’ use of the name “Cupid With Friends” for an online application is confusingly similar to the ‘WITH FRIENDS Family of Trademarks owned by Zynga, and users are likely to believe, erroneously, that CupidWithFriends’ application is published, sponsored, endorsed by or associated with Zynga. CupidWithFriends’ use of “Cupid With Friends” also dilutes the distinctiveness of Zynga’s famous ‘WITH FRIENDS Family of Trademarks.
Zynga has invested substantial time and resources in developing and promoting the ‘WITH FRIENDS Family of Trademarks, and it vigorously protects its rights in its marks, both collectively and individually. Zynga hereby demands that CupidWithFriends immediately cease use of the name “Cupid With Friends” in connection with its online application, and refrain from further exploitation of the goodwill that Zynga has developed in its ‘WITH FRIENDS Family of Trademarks.
We anticipate that you will accede to this demand, and ask that CupidWithFriends confirm by Friday, May 24, 2013 that it has ceased use of the name “Cupid With Friends” in connection with its online application. Nothing contained in this letter constitutes an express or implied waiver of any rights, remedies, or defenses of Zynga, all of which are expressly reserved.
Very truly yours,
Dennis L. Wilson