On Aug. 27, Kirkland, Wash.-based video game maker Bungie, LLC, filed suit in the Western District against New Jersey-based energy drink maker Xtreme Beverages, LLC, and its owners for trademark infringement.
At issue are the beverages defendants market under the names “Bungie Energy Drink” and “Bungie Sugar-Free Energy Drink,” which plaintiff claims infringe its federally-registered BUNGIE trademark in connection with computer games.
Plaintiff also is unhappy that defendants use the drinkbungie.com domain name and have applied to register their own BUNGIE trademark in connection with energy beverages.
Plaintiff alleges confusion is likely because it promoted its video games on beverages sold by PepsiCo, Inc.
Defendant has not yet answered plaintiff’s complaint.
The case cite is Bungie, LLC v. Xtreme Beverages, LLC, No. 08-1287 (W.D. Wash.).