Impulse Communications Files Trademark Lawsuit Against Game Developers Over ‘Adopt Me’ Brand

On Friday, April 26, 2024, Impulse Communications, Inc, an Internet company founded in 1995, filed a trademark infringement lawsuit in Rhode Island federal court against three game development companies – Uplift Games, LLC, Treetop Games LLC, and Lionfield Investments Ltd.

The lawsuit, filed in the United States District Court for the District of Rhode Island, alleges that the defendants have unlawfully used Impulse Communications’ trademark “Adopt Me” without permission in their online pet game titled “Adopt Me!”. Impulse Communications claims that they were the first to use the mark “Adopt Me” in 2000 on their website AdoptMe.com to launch a virtual pet game allowing users to adopt and care for digital pets. They state that over the past two decades, they have invested $200,000 in developing the brand and game.

Impulse Communications asserts that the defendants launched their competing “Adopt Me!” game on the Roblox gaming platform in 2017 without authorization. They changed the focus of their game to virtual pets in 2019, coinciding with a rapid rise in popularity amongst gamers. Impulse Communications alleges that the nearly identical marks have caused confusion amongst consumers. In 2018, Uplift Games made a minor name change by adding an exclamation point, but Impulse Communications argues this did little to differentiate the brands.

The lawsuit accuses the defendants of trademark infringement, dilution, unfair competition, and tortious interference. Impulse Communications is seeking to bar the defendants from any future use of the mark, damages, and cancellation of their trademark registrations. Court documents reveal that in 2020, Uplift Games had contacted Impulse Communications to express interest in purchasing the AdoptMe.com domain name, which Impulse Communications views as an acknowledgment of the prior rights.

Impulse Communications had been retooling its platform and in 2022 integrated new technologies like cryptocurrency, blockchain, and non-fungible tokens (NFTs). Users could now create and trade NFTs representing their virtual pets. However, the immense popularity of the defendants’ game, with over 100 million players, has made it difficult for Impulse Communications to attract investors or partnerships to further expand its brand.

Please contact BlockTribune for access to a copy of this filing.