Energy armour, based in Florida, is instead being taken to court because of two things. The first is its logo, which is more of a “complete rip-off” of EA’s famous branding than it is an “uncomfortable coincidence”.
The second is that Energy armour, being based in the fitness industry, advertises its products using athletes. Just like EA does.
That second point sounds a bit stupid – fitness companies using athletes sounds totally normal – but as you can see, the logo thing might be a tougher sell to a court.
For its part EA wants the logo barred, anything with the logo on it destroyed, and would also like some damages. Oh, and “all profits generated by Energy armour using the logo”. Which, you know, if it’s the company’s logo, is all their profits.
EA Sues EA [Gamasutra]