Games specialist Banilla wins in anti-fake lawsuit

A US developer and distributor of coin-operated arcade machines – Banilla Games – has won a key legal victory in its legal action against companies and individuals it accuses of illegally copying its gaming systems.

North Carolina-based Banilla – which makes "board, nudge, skill, redemption, and amusement games" – filed three lawsuits earlier this year in Philadelphia trying to clamp down on counterfeiting, targeting a range of defendants including the outlets where the fake games are installed and the manufacturers - both domestic and overseas – that are infringing its trademarks.

It was partnered in the lawsuits by Grover, the creator of Banilla's Fusion line of electronic skill games that are among its top-selling products. Grover owns federal copyright registrations for the Fusion Games and, according to court documents, has "invested millions of dollars in developing high-quality and reliable electronic games of skill."

Earlier this month, Banilla resolved one of those lawsuits, claiming a "meaningful monetary recovery" and being awarded a permanent injunction agreed to by the defendants.

"The success of Banilla's games has led a few unscrupulous individuals and entities to sell counterfeit versions," said the company in a statement. "While 'imitation is the sincerest form of flattery', Banilla takes seriously the protection of its games (and their underlying intellectual property), utilising all means necessary to stop the proliferation of counterfeit games."

To date, Banilla has brought 36 cases for IP infringement, winning a number of six-figure judgments including an award of damages and attorneys' fees in Texas of just under $340,000 for wilful infringement.

"The message for the unscrupulous is simple: Dabble in counterfeit Banilla devices, and the company will find you and bring you to account," it said.