IP Law Daily, TRADEMARK NEWS—Children’s e-learning provider sues Level Infinite for using its STARFALL mark on violent computer games, (Feb 20, 2025)

By Linda O’Brien, J.D., LL.M.

The lawsuit alleges that Level Infinite has a history of featuring violent and aggressive activities in its computer games, which is contrary to the plaintiff’s reputation for providing child-safe products and services.

A foreign video game provider has engaged in trademark infringement by advertising and promoting the unauthorized use of the mark of an online educational organization for its computer game system, according to a complaint filed in the federal district court in Denver, Colorado. The lawsuit also alleges the continued use of its STARFALL mark will likely cause consumer confusion, which is causing significant harm to the educational organization (Starfall Education Foundation v. Level Infinite Pte Ltd., No. 1:25-cv-00475-PAB-SBP (D. Colo. Feb. 12, 2025)).

Based in Boulder, Colorado, Starfall Education Foundation is a publicly supported nonprofit organization that provides free or low-cost educational experiences through an online learning curriculum featuring non-violent, fun, and educational computer games and activities. Starfall has registered several trademarks incorporating STARFALL (collectively, the “STARFALL mark”), which stand for “educational entertainment with consistent themes of equality, respect, and anti-bullying.” For more than 20 years, the Starfall website, applications, and other products have been used in schools, homes, and other learning environments throughout the U.S.

Level Infinite Pte Ltd. and Proxima Beta Pte Ltd. (collectively, “Level Infinite”), based in Singapore, publish video games and operate an international gaming organization all over the world. In January 2025, Level Infinite began using the STARFALL mark to promote its LEVEL INFINITE PASS, a system that allows players to log into multiple games across multiple platforms, including a violent computer game featuring the STARFALL mark, the complaint alleges.

The focus of Starfall is to provide a true positive learning environment with high quality, child safe, non-violent, non-aggressive educational computer games and other interactive content, which has earned the company praise and recognition. Starfall has received numerous awards and has been recognized by well known and respected publications. Starfall has built a successful brand and reputation for providing a safe learning environment that parents and educators can confidently give to children, without exposure to the violence in other computer games and entertainment. Whereas, Level Infinite has started using the STARFALL mark to promote aggressive and violent computer games, and collects personal data from players, including children, the complaint states.

According to the complaint, Level Infinite has misappropriated Starfall’s very popular brand to target and attract children in the U.S., including in Colorado. Consumers will believe that there is a relationship of source, sponsorship, and affiliation between Starfall and Level Infinite, to the benefit of Level Infinite. However, the actions of Level Infinite will grievously harm the reputation of Starfall as a provider of child-safe products and services. Counsel for Starfall has written to Level Infinite to express the company’s concern, invite a dialogue, and to request that it immediately cease and desist the use of the STARFALL mark.

The lawsuit alleges claims for trademark infringement, false designation of origin, and unfair competition under the Lanham Act and state law claims for violations of the Colorado Consumer Protection Act and common law trademark infringement. The foundation also seeks an injunction barring Level Infinite from further infringements, damages, disgorgement of profits, interest, costs, and attorney fees.

The Case is No. 1:25-cv-00475-PAB-SBP.

Judge: Brimmer, P.

Attorneys: Kimberly M. Hult (Hutchinson Black & Cook, LLC) for Starfall Education Foundation.

Companies: Starfall Education Foundation; Level Infinite Pte Ltd.; Proxima Beta Pte Ltd.

News: TechnologyInternet Trademark ColoradoNews