Universal's Plan for Starfall Racers Ride Infringes Trademark, Says Colo. Education Firm

The suit, which names University City Studios, NBCUniversal Media and Universal Studios as defendants, alleges that instead of developing or licensing its own name for roller coasters in upcoming theme parks in Orlando and Dallas, Universal immediately began using the Starfall Racers mark to market the theme park attraction to children, who “will believe that there is a relationship of source, sponsorship, and/or affiliation between Starfall, a Boulder, Colorado-based nonprofit learning platform for children, and Universal’s theme parks.

Universal promotes its theme parks partly with “violent content that can trigger aggression in children,” alleged the complaint. “This is the antithesis of what Starfall represents," it said. Universal’s unauthorized use of the Starfall name constitutes trademark infringement, it said.

Universal’s actions will “grievously harm the reputation of Starfall as a provider of child-safe products and services,” the complaint said. Given Universal’s size and resources, the company is “likely to swamp the market and drastically reduce the ability of Starfall’s distinctive mark to act as a unique source identifier,” it said. In adopting and using the “Starfall” name as part of its mark, Universal is “misleading consumers,” in violation of Starfall’s trademark rights under federal and state law. By knowingly or recklessly interfering with the ability of children to identify “the safe and positive” Starfall brand, Universal is violating the Colorado Consumer Protection Act, the complaint alleged.

Starfall Education Foundation Chairman Stephen Schutz wrote to Mike Cavanagh, president of Universal parent company Comcast, Feb. 1, seeking to “work cooperatively to accommodate each other’s interests,” said the complaint. Schutz referenced Universal’s Men In Black: Alien Attack theme park ride, calling it “definitely violent.” Though violence “may appear to 'sell,’ we have proven that children find kindness to be engaging, fun, and very popular,” said the letter, encouraging Cavanagh to participate in a “serious discussion.”

The Starfall marks “have gained recognition among relevant audiences who understand these marks to denote safe, nonviolent, non-aggressive content suitable for showing to children both in and out of the classroom,” said the complaint. A trademark search conducted of the Starfall Racers mark, prior to Universal’s trademark application, “would have listed Starfall’s registrations,” it said.

Starfall owns multiple federal trademark registrations for the name alone or in connection with other words and symbols, the complaint said. The company also owns two pending trademark applications for STARFALL, it said. Those marks are “valid and enforceable, and certain of them have attained incontestable status,” said the complaint. The registrations constitute “prima facie evidence of Starfall’s ownership of and exclusive rights to use the STARFALL Marks in connection with the goods and services recited in the registrations, including games, movies, books, and music,” it said.

Starfall seeks an injunction barring Universal from trademark infringement and unfair competition; an order directing Universal to withdraw the Starfall Racers application; damages and trebling of damages for willful infringement and unfair competition; disgorgement of Universal’s profits; exemplary and punitive damages; pre-judgment interest; and attorneys’ fees and legal costs.