Casual and mobile game developer Digital Chocolate has sued social game maker Zynga over its use of the Mafia Wars name for its popular Facebook, MySpace and iPhone title.
The firm argues that it laid claim to that name first, and alleges that Zynga has been producing its Mafia Wars games in violation of trademark, according to Courthouse News.
The two firms’ Mafia Wars games share similarities, both tasking players with rising up the ladder of a fictional crime syndicate. Digital Chocolate’s was released in 2004 and Zynga’s in 2009.
Digital Chocolate suggests that Zynga has "falsely claimed to the public, the United States Patent Office and the courts that it 'coined' the Mafia Wars mark and owns superior rights to the mark".
The company, which is run by EA founder Trip Hawkins, says it notified Zynga of the name conflict last year and received a letter from Zynga attorneys saying the firm would stop using it. Instead of acting on its word, the FarmVille maker went on a multimillion dollar marketing campaign for its Mafia Wars game, and also filed trademark applications for a range of Mafia Wars products.
Digital Chocolate is seeking an injunction ordering Zynga to stop using the Mafia Wars name, and wants Zynga to "engage in corrective advertising" costing twice what it spent promoting Mafia Wars.
UPDATE Zynga has submitted to us the following statement: "We are surprised and disappointed by Digital Chocolate's lawsuit. The timing of the action appears to be opportunistic, and we plan to defend ourselves vigorously."