More Unreal v. Nreal

A post on The Recorder (may require registration or subscription) reports that Epic Games was hit with a Trademark suit in California Northern District Court yesterday filed by Nreal Technology Ltd., Nreal Inc. and parent company Shenzhen Tairuo Technology Co. They seem to be lawyers, which we are certainly not, but it appears this is actually a "complaint for declaratory judgment" rather than a suit. The issue here is not cash-cow Fortnite, but rather Unreal. That's because this is a response to a suit filed by Epic earlier this year over the similarity between the Nreal brand and Epic’s Unreal. The new filing complains about the venue and seeks declaratory relief:
Following Epic’s filing of the opposition, Epic and Plaintiffs attempted to resolve this dispute. However, on May 14, 2021, without any prior warning or notice, Epic filed a complaint against Tairuo in the Eastern District of North Carolina, where Tairuo has no business presence, alleging that Tairuo’s use of the Nreal Mark in connection with the Nreal Light glasses would cause confusion with Epic’s UNREAL Marks, infringe Epic’s marks, and violate North Carolina’s Unfair and Deceptive Trade Practices, and asking that Tairuo’s trademark application be refused. Upon information and belief, Epic filed its complaint in North Carolina—its “hometown venue” where it is headquartered—in order to gain an unfair advantage based on its significant presence in that state in litigation against a foreign Chinese company. Due to its lack of contacts with the forum, Tairuo contests personal jurisdiction in North Carolina.

Accordingly, this is a civil action for declaratory relief to vindicate the rights of Plaintiffs to register and use the Nreal Mark. Plaintiffs seek through this lawsuit declarations that use of the Nreal Mark does not create a likelihood of confusion, or otherwise unlawfully violate Epic’s rights under the Lanham Act or state law.