Incredible Technologies Sues Global VR

Incredible Technologies Sues Global VR

Incredible Technologies announced today that it has filed a complaint in the United States District Court for the Northern District of Illinois, Eastern Division against Virtual Technologies, Inc. d/b/a Global VR of San Jose, California.

The action is based on alleged copyright infringement, trade dress infringement and related claims against Global VR, which is manufacturing, distributing, promoting and offering for sale a coin-operated video game called EA Sports PGA Tour Golf™. IT seeks damages, costs, reasonable attorneys' fees, and any other remedies, including but not limited to the recall from distributors, operators and the stream of commerce, and to deliver up for destruction all EA Sports PGA Tour Golf machines and other materials which violate or infringe upon IT's rights, and such other relief as may be equitable pursuant to applicable State and Federal law.

Global VR's alleged violations include, among others, blatant duplication of significant portions of operations manuals created by IT, copying the shape and size of the Golden Tee Fore! hardware module, and copying the sequences of events, arrangements, look, play and feel of Golden Tee Fore!. Despite the receipt of a letter from IT's counsel in October, 2002 demanding that the infringements cease and desist, Global VR's unauthorized reproduction and sale of its infringing game, EA Sports PGA Tour Golf, is causing and threatens to cause continued irreparable harm to IT and to its reputation.

In connection with the complaint, IT has filed a motion which seeks to enjoin Global VR from manufacturing, marketing, advertising, or selling any product that violates or infringes upon IT's right, title and interest in and to Golden Tee Fore!, including the EA Sports PGA Tour Golf game. The motion further seeks to compel Global VR to notify all operators, owners, and lessees of EA Sports PGA Tour Golf that they are temporarily restrained from continuing to operate EA Sports PGA Tour Golf for profit or otherwise.

Elaine Hodgson, President and CEO of IT stated, "Our employees have worked long and hard and we've spent millions of dollars to forge new territory in the coin-op industry, and establish Golden Tee Fore! and video golf as a successful cultural phenomenon. Global VR is intentionally and blatantly attempting to usurp our creativity, technology and market share, with no regard for the protected rights of others. The introduction of EA Sports PGA Tour Golf and its substandard presentation of elements and procedures that are unique to Golden Tee have already caused substantial and damaging confusion in the marketplace. IT refuses to be held in any way accused of or responsible for Global VR's indiscriminant and self-serving business practices."

"IT takes great pride in the products, services and integrity it has developed and garnered over many years," said Richard Ditton, IT's Executive Vice President. "We welcome and encourage competition, as it is good for both IT and the industry. However, just as we cooperated previously with the industry in seeking protection from counterfeit products, we believe that the same standards apply with respect to protection of copyrights, trade dress and related properties and are taking the appropriate steps to insure such protection is obtained."

IT has been an Illinois-based developer of coin-operated video games since 1985, and is currently the largest such manufacturer in the US.