GamingModz Owner Refuses to Forfeit when Sued for Infringement by GamerModz
MIAMI – [10/25/2010] – The names don’t matter but the products do, says GamingModz in its response to a lawsuit filed by GamerModz, competitors in the fast-growing industry of modified game controllers, also called “mods” or “modz.” Mods entrepreneur and GamingModz founder and CEO Alex Golubev refuses to surrender when sued by a competitor who want to own the lexicon of gaming culture.
“Words like ‘gaming’, ‘gamer’ and ‘modz’ are understood by gamers everywhere to refer to improvements and enhancements we make to our controllers,” insists Golubev. “I don’t think that these descriptive words should be protected by federal trademark law when they are used to describe modified game controllers and that’s why my company GamingModz is fighting back against these false threats.”
As the XBox 360, Sony Playstation 3, and other gaming consoles have exploded in popularity, so has the demand for customized game controllers. The word “modz” is widely understood among gamers to describe a controller that has been modified in appearance, function or both. Some gamers pay upwards of $150 for a modded controller that fires faster than a factory model.
GamingModz has become a market leader with innovative designs and high-tech features. One reason for this is that Golubev’s GamingModz makes superior products that consistently earn high marks for aesthetics and performance from gamers everywhere. GamingModz’s superior products are hand crafted in-house by skilled “modders” using quality components.
Not surprisingly, due to its success, others in the business have had their eyes on GamingModz. But rather than compete on price or quality, the similarly named GamerModz has gone a different route in the face of stiff competition from GamingModz.
“We are pursuing innovations and our competitor is hiring lawyers,” says Golubev. “They would rather litigate than compete for which company makes the best modded game controllers.”
In a lawsuit filed in federal court in Tampa, GamerModz claims that GamingModz infringed on its name. The U.S. Patent and Trademark Office has already decided that the terms “GAMER” and “MOD” taken together describe a modified system for playing electronic games, and on that basis it rejected a trademark registration on the principal register for “GamerModz.” Yet that did not stop that other mods company’s lawyers from making false threats against GamingModz and RapidModz, and claiming their client has rights it simply does not have.
“We agree with the trademark office that the words ‘gamer’ and ‘modz’ are descriptive of what we do,” says Golubev. “The other side knows there are other mods companies out there. And yet they have no problem threatening their competitors claiming trademark violations even though there are a dozen other companies with similar names.”
“Gamers who want a controller that makes them look and play like a champion choose GamingModz,” says Golubev. “I hope that all the other companies in the business agree and we can begin competing on quality and price instead of who can hire the most lawyers.”
ABOUT GAMINGMODZ
GamingModz is a Miami-based company that creates and applies customized designs and features to game controllers. The innovative firm has earned high marks from players and reviewers for the modified devices, or “mods.”
GamingModz delivers high-quality products that outperform cheaper models by starting with authentic, original controllers from Microsoft and Sony. The modifications are made at the company’s development, design and manufacturing plant. GamingModz backs each product with a 60-day sellers’ warranty and optional 10-month extended warranty.
GamingModz also provides customer service Monday thru Saturday online and supplements that with phone service. For more information, visit www.gamingmodz.com.
