The Learning Company has sued Zynga for infringing its trademark for “The Oregon Trail” video games. Zynga intends to sell its own version of the classic frontier-era game under the name “FrontierVille Oregon Trail.” According to the complaint, Zynga was well aware of the “The Oregon Trail” game because the two parties previously held discussions about collaborating on a Facebook version of the game. The Learning Company had even gone so far as to share its development plans, sales and brand history with Zynga. The complaint claims that Zynga’s version has the same name, same theme, similar cartoon look and feel, and the same advertising audience. The characters in both games even suffer the same maladies (though Zynga refers to dysentery as the “Rocky Mountain Scoots”). The alleged facts imply a high likelihood of confusion.

Professor Eric Goldman has posted the complaint here.

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Comments (2 )

  1. Comment posted by john |

    such an old game for people to sue over

  2. Comment posted by Pookie Woo |

    You have died of exhaustion!!!