Fun Lab IP Co. Pty. Ltd. filed a trademark complaint in California federal court against Los Angeles-based Eureka Productions, claiming that the title of Eureka’s upcoming ABC game-show, Holey Moley, infringes on a popular Australian mini-golf chain of the same name. The show, which is hosted by two-time NBA Finals MVP and executive producer, Stephen Curry, and is advertised as a competitive mini-golf competition, will involve head-to-head matches between 12 contestants. Each episode, contestants will compete for a $25,000 prize on what an ABC press release described as an “unparalleled, epic obstacle golf course.”
The show, which advertised frequently during the NBA playoffs and Finals, is yet another television venture involving a professional basketball superstar. Los Angeles Lakers player LeBron James has recently served as an executive producer on multiple game shows, such as The Wall on NBC and The Million Dollar Mile on CBS. Curry has frequently spoken about his love for golf, which has become a shared hobby among many Golden State Warriors players and coaches.
In just two years after its opening in 2016, Fun Lab’s Holey Moley chain brought in nearly $50 million, according to various Australian reports. The company also owns four other brands, which include bowling and laser tag, among other activities in multiple countries. According to the lawsuit, Fun Lab registered its trademark in the United States in 2018 in anticipation of opening locations in several states.
Fun Lab claims that Eureka misrepresented to the U.S. Patent and Trademark Office that the word rights for Holey Moley were not in use despite Fun Lab having already filed for their registration. Eureka’s application for opposition was rejected in January in a non-final USPTO decision. The USPTO stated that the name would be “. . . likely to cause consumer confusion based on the priority and existence of Fun Lab’s HOLEY MOLEY mark.” In its recent complaint, Fun Lab also alleges that Eureka likely knew of the name of the golf course because Eureka’s affiliate produced a television show of the same name in Australia in the past.
Fun Lab is seeking an injunction which requires Eureka to state that Holey Moley is a registered trademark of Fun Lab’s in the end credits of the television show, along with undisclosed damages.