Wemade brings a lawsuit to claim the “热血传奇” trademark.
Wemade brings a lawsuit against Shengqu Information Technology (Shanghai) Co., Ltd. ("Shengqu") to take back the ownership of the registered trademark “热血传奇”.
Legend of Mir II game (“Mir II”) was originally created by Wemade and caused a sensation in South Korea. In 2001, Shanda, the affiliate of Shengqu, signed the Software License Agreement regarding Mir II (“SLA”) with Actoz Software Co., Ltd. (“Actoz”), the co-owner of Mir II, which gave Shanda the right to operate the PC game. In 2002, Shanda signed the supplemental agreement with Actoz and Wemade in which Wemade was added as the co-licensor of the SLA. Under the SLA, Wemade has the co-ownership of Mir II software, including trademark rights. In 2003, Shanda, Actoz and Shengqu signed the amendment agreement, in which Shengqu was added as the licensee. Shenqu agreed that the titles and property rights of Mir II software are reserved to the licensor and any patches or upgrades to the Mir II software belong to licensor whether those are provided by the licensor or the licensee. Also, Shengqu signed the amendment with full acknowledgment that all intellectual property rights including trademark rights belong to Wemade.
As the developer of the Mir II game software, Wemade is entitled to the trademark right of Mir II game, “热血传奇”. Also, Shenqu’s licensee rights in SLA will be terminated on September 28, 2017, and it is unreasonable for Shengqu to maintain the Mir II trademark rights. Wemade recently found out that, by using the trademark right of “热血传奇” which they registered, Shengqu has been maliciously sending the infringement warning letters to the third-party operators of Mir II mobile and web games who were legitimately authorized by Wemade. Shengqu’s such act has brought serious disturbance to Wemade authorization activities as the owner and the licensor of Mir II.
As the owner of the Mir II game and its trademarks, Wemade brings a lawsuit to claim the legitimate right regarding “热血传奇” trademark. Moreover, such action and demands by Wemade to correct Shenqu or Shanda’s illegitimate claim or action will expand the rights and interests of Wemade and Actoz as the co-licensors in China.