Logos and No-gos: High Court teaches Mattel how to lose at scrabble

Comment on the recent judgment of the High Court ruling against Mattel's claims of trade mark infringement and passing off by Zynga in respect of Zynga's online Scramble Game.

The judgment weaves a cautionary tale for brands who fail to:

  1. assess regularly and extensively the use by competitors of similar or identical marks; and
  2. act promptly in enforcing their marks.