Scrambling for the win: Mattel and Zynga in the UK Court of Appeal

Toy manufacturing giant Mattel has won out in the final round of its recent dispute with social game services provider Zynga (of Farmville and Words with Friends fame) in the United Kingdom Court of Appeal.

Overturning the decision of the High Court, the Court of Appeal found that Mattel owned a valid trade mark for SCRAMBLE which was infringed by the defendant Zynga’s use of SCRAMBLE and SCRAMBLE WITH FRIENDS on its electronic games. Interestingly, it was found that Mattel’s trade mark for SCRABBLE was not infringed by this use as the degree of similarity between SCRABBLE and SCRAMBLE was not sufficient to give rise to a likelihood of confusion.

You can read a detailed alert on the decision published by our colleagues in London here.