Epic Stone Group on Wednesday sued 20th Century Fox for trademark infringement and unfair competition in Florida federal court, claiming it owns the rights to “Battle Angel” and has been selling merchandise bearing the mark for more than a decade.
The 2009 trademark includes computer games, action figures and other toys, according to the complaint. Epic also filed a new application in April 2018 to cover things like DVDs, e-books, downloadable film and television programs featuring space combat, ring tones and graphics.
Fox’s film, which is an adaptation of the popular Japanese manga Battle Angel Alita, is set to open on Valentine’s Day, and the studio has already released merchandise connected to the film. Epic claims this is confusing consumers and hurting its brand, and that Fox was aware of its mark and intended to deceive consumers into believing Epic was involved with Alita.
Epic is asking the court to award damages and require Fox to disgorge all profits related to “Battle Angel.” It also wants Fox to stop selling or promoting any goods that bear the mark.