Cartamundi Services NV, a playing card company who developed the app Cartamundi’s Shuffle, has opposed Nintendo America’s use of the word “Shuffle” in their Pokémon Shuffle title.
According to Cartamundi, the use of the word “Shuffle” in the Nintendo/The Pokémon Company product damages their own usage of it in their products.
This range of products includes but is not limited to “downloadable electronic game programs, downloadable electronic video game software, electronic game programs, electronic game software, video game programs and video game software.”
As the word “Shuffle” falls under common use, Cartamundi would (under trademark law) have to prove that their use of it either “suggestive” or “arbitrary” rather than descriptive. The latter is considered a generic-use term and therefore offers no legal protection.
At this juncture, no one is actually being sued and the opposition could easily end in a settlement or other such agreement.