Epic Tech, LLC v. Spinx Games Ltd., Civil Action No. 1:22-cv-02043-SCJ (N.D. Ga. May 23, 2022)

Plaintiff Epic Tech, LLC filed suit against Defendant Spinx Games Limited on May 23, 2022 in the Northern District of Georgia (Atlanta Division). The Complaint alleges that Plaintiff has used its federally-registered mark “CA$H BASH” on gaming equipment throughout the United States, including electronic slot game machines, electronic bingo game machines, and electronic casino game machines as early as 2012. Further, Plaintiff alleges that its subsidiary, Big Frog Games, LLC began development of a mobile play-for-fun social casino version of the CA$H BASH game, which is expected to be publicly available in 2022.

See Ex. A. In bringing this action, Plaintiff alleges that since at least December 2020 Defendant Spinx Games Limited has used and continues to use the title “CASH BASH” to market and distribute its own mobile social casino games to users in the United States via multiple online platforms, notwithstanding Defendant’s knowledge and awareness of Plaintiff’s federally-registered, incontestable mark.

See Ex. B. The Complaint asserts claims for (1) federal trademark infringement under 15 U.S.C. § 1114(1), (2) unfair competition through false designation of origin and false advertising under 15 U.S.C. § 1125(a), and (3) trademark dilution under 15 U.S.C. § 1125(c). Plaintiff seeks a preliminary and permanent injunction against Defendant, as well as special and general damages under 15 U.S.C. § 1117 (a). The case has been assigned to Steve C. Jones in the Northern District of Georgia.