Jump to full article: TDO: Tobacco Documents Online, 1991-02-21
Intro: NEW YORK, Feb. 21 -- Philip Morris U.S.A. today announced it has filed a trademark infringement lawsuit seeking monetary damages and immediate remedial actions against Sega Enterprises because of its continued unauthorized use of the Marlboro cigarette brand logo in its children's video arcade games. Damages could run into millions of dollars.
The suit, which was filed in United States District Court for the Southern District of New York, claims that Sega Enterprises of San Jose, Calif., failed to comply with a March 20, 1990, agreement to have the Marlboro trademark removed from its "Super Monaco GP" video game. "Super Monaco GP" is a video racing game that is widely used by children.
Damages are expected to be substantial, possibly running into millions of dollars. Philip Morris U.S.A. is seeking an order directing Sega to recall from the market and modify all "Super Monaco GP" games with unauthorized Marlboro trademarks. It is also asking for Sega's officers "to deliver up to Philip Morris for destruction all labels, signs, prints, packages, wrappers, receptacles and advertisements in their possession bearing any Marlboro indicia." . .
This suit follows a "get tough" advertising campaign Philip Morris U.S.A. launched eight months ago warning manufacturers against the use of its trademarks on children's products . . .
For example, two other California-based video game manufacturers, the Atari Games Corporation of Milpitas and Namco-America Inc. of Santa Clara, have taken steps to remove a facsimile of a Marlboro logo that appeared in a game that the companies jointly manufacture -- the "Final Lap" video arcade game. . .
Another company, the Philadelphia Chewing Gum Corporation of Havertown, Pa., has agreed to stop production of its bubble gum cigarettes carrying a facsimile of the Marlboro trademark . . .
According to Mr. Nelson, Philip Morris U.S.A. has a long history pursuing logo infringement cases. "We're very serious about trademark infringements," he said. "In fact, during the past 11 years alone, Philip Morris has taken action against 1,200 manufacturers and individuals who have attempted to illegally use our cigarette logos."
"About 15 percent of these cases involved items for children," he continued, "and, in at least two cases, individuals who refused to comply were sent to jail."
Jump to full article » |