Philip Morris
News Release Philip Morris U.S.A. Files Lawsuit to Stop Trademark Violation by Video Game Company
Fields
- Type
- PRES, PRESS RELEASE
- Area
- DARAGAN,KAREN/SEC'Y FILES
- Attachment
- 2044405594/2044405597
- Site
- N344
- Request
- Stmn/R1-093
- Named Person
- Banksmckenzie, S.
- Nelson, J.R.
- Parrish, S.C.
- Nelson, J.R.
- Document File
- 2044405491/2044405621/Stadium Signage
- Named Organization
- Atari Games
- Namco America
- Philadelphia Chewing Gum
- Sega Enterprises
- Usdc Sd Ny
- Namco America
- Author (Organization)
- PM, Philip Morris
- Litigation
- Stmn/Produced
- Date Loaded
- 05 Jun 1998
- Brand
- Alpine
- Benson & Hedges
- Bristol
- Bucks
- Cambridge
- Marlboro
- Parliament
- Virginia Slims
- Benson & Hedges
- UCSF Legacy ID
- fqf36e00
Document Images
PH I LI P MORRI S U S.A.
Corporate Affairs
120 Park Avenue
New York, New York 10017
(212) 880-5000
FAx (212) 907-5361
FOR RELEASE: Thursday, Feb. 21
NEWS RELEASE
Contact: Sheila Banks-McKenzie
Philip Morris U.S.A.
(212) 878-2812
PHILIP MORRIS U.S.A. FILES LAWSUIT TO STOP
TRADEMARK VIOLATION BY VIDEO GAME COMPANY
Monetary Damages and Immediate Recall of All Games Sought
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."
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"The failure of Sega Enterprises to comply with the letter and
spirit of the agreement is completely unsatisfactory," said
Steven C. Parrish, vice president, general counsel, Philip Morris
U.S.A. "We are still finding 'Super Monaco GP' games with
Marlboro logos in arcades. And this must stop."
According to Mr. Parrish, Philip Morris U.S.A. notified Sega in
July 1990 about specific games that remain in violation of the
agreement. In September, Philip Morris also requested Sega to
confirm that these games have either been recalled or modified to
eliminate the logo. "To date, no confirmation has been
received," he said.
Follows 'Get Tough' Ads
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, added
John R. Nelsrin. vice president, corporate affairs, Philip Morris
U.S.A. In the ads, the company tells manufacturers that they can
expect legal action if they do.
"Our ads go so far as to tell violators that we'll see them in
court, and we mean it," Mr. Nelson said. "The fact is, Philip
Morris does not want children to smoke and only markets its pzz
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cigarettes to adult smokers." ~
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"That's why we developed this campaign," he continued, "and why
we have and will continue to aggressively pursue legal action
against all trademark infringements -- particularly those where
children's products are concerned."
Many Companies Com ly
Since the advertising campaign first started appearing in various
toy, candy, apparel and legal trade media, several manufacturers
have agreed to voluntarily remove unlicensed logos from their
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. In doing so,
the companies ran advertisements alerting arcade owners of the
infringement and notifying them that free conversion kits will be
provided that remove the logo from the 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 and
destroy the printing plates used to produce the packaging. In ~
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addition, the company agreed to send Philip Morris U.S.A. more ~
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than 250,000 of the bubble gum cigarette packages for O
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History of Actions
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."
Mr. Nelson pointed out that by filing suit against Sega
Enterprises, Philip Morris U.S.A. hopes that other companies
infringing its trademarks will get the message and voluntarily
remove them from their products -- before legal action is deemed
necessary. "We will sue any manufacturer or distributor that
continues to use our cigarette brand logos on children's
products," Mr. Nelson warned.
Philip Morris U.S.A., an operating company of Philip Morris
Companies Inc., produces a number of leading cigarette brands:
Marlboro, the largest selling cigarette in the world; Benson &
Hedges, the largest selling free-standing 100 mm brand in the
U.S.; and Virginia Slims, the leading women's cigarette brand.
Other brands include Parliament Lights, Cambridge, Bucks, Bristol
and Alpine.
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