Global VR / IT Injunction Hearing Dismissed

Global VR / IT Injunction Hearing Dismissed

Global VR, developer and manufacturer of coin-operated video game products based on in-home software hits, yesterday announced that the United States District Court for Northern District of Illinois has rejected the motion filed by Incredible Technologies (IT) for a preliminary injunction against GLOBAL VR's EA SPORTS™ PGA TOUR® GOLF game.

In this case, IT had alleged that the EA SPORTS™ PGA TOUR® GOLF product infringes IT's Golden Tee copyrights and trade dress and sought to enjoin sales of the game. After a six-day evidentiary hearing, and an exhaustive review of both games, United States District Judge Matthew F. Kennelly handed down his 27-page ruling that emphatically rejects IT's motion, holding that IT had "failed to demonstrate substantial similarities between copyrightable material in PGA TOUR and Golden Tee" and that IT's "infringement claim has little or no chance of success on the merits."

In so ruling, the court noted that "Golden Tee features "fantasy courses" of its own creations, and a generic depiction of a golfer, whereas PGA TOUR features meticulously rendered video simulations of real professional players and real PGA TOUR golf courses. Furthermore, the depictions of golfers, clubs, spectators, and natural scenery all appear in greater detail and with greater definition in PGA TOUR."

Milind Bharvirkar, GLOBAL VR's President and CEO, expressed satisfaction with the court's decision. "The court's ruling vindicates what we have been saying all along: that EA SPORTS™ PGA TOUR® GOLF does not violate any of IT's rights because of its many unique and, in our view, better features than Golden Tee. The decision resolves any concerns that might have existed with respect to EA SPORTS™ PGA TOUR® GOLF as a result of this lawsuit and clears the way for GLOBAL VR to move ahead by continuing to provide the coin-op industry the quality product and service they are looking for."

Customers of GLOBAL VR requiring more detailed information on this decision should contact their local sales representative.

SOURCE: Press Release