Activision 'Rocktober' trademark conflicts with EA's Brutal Legend marketing

When Activision sent out a press release this morning regarding a Guitar Hero DLC discount, we couldn't help but notice a tiny trademark symbol dangling precariously above the term "Rocktober™." That got our mind grapes juicing: Isn't that the term EA has been using to market Brütal Legend's upcoming October Rocktober 13 release? It is!

Lo and behold, we turned up an Activision trademark filing for "Rocktober" dating all the way back to 2007. An EA representative was unable to comment at the time of this posting, but assured us we'll have an official statement from the publisher soon. We've also reached out to Activision for its side of the story. In the meantime, we've dropped the text from Activision's press release -- or as it's no doubt being dubbed by lawyers, Exhibit A -- after the break.

Activision press release:

"GUITAR HERO® CELEBRATES ROCKTOBER™ WITH A LIMITED-TIME 25% DISCOUNT ON SOME OF THE HOTTEST DOWNLOADABLE ROCK TRACKS

"Fans can expand their library with discounts on up to ten of Guitar Hero downloadable favorites

"Guitar Hero® is ushering in ROCKTOBER™ with a limited-time-only discount on ten of our favorite tracks available to fans for Guitar Hero® 5, Guitar Hero® World Tour and the upcoming Band Hero™ games through Xbox LIVE® Marketplace for Xbox 360® video game and entertainment system from Microsoft.

"Starting Monday, September 28 and continuing through Sunday, October 4 Microsoft Xbox 360 Guitar Hero rockers will be able to expand their music library with 25% off ten of the hottest tracks:

• The Killers – 'Mr. Brightside'

• Travis Barker - 'Low (Travis Barker Remix)'

• Blink-182 – 'What's My Age Again'

• Rick Springfield – 'Jessie's Girl'

• Queen – 'We Are The Champions'

• Blind Melon - 'No Rain'

• Ram Jam – 'Black Betty'

• Nickelback – 'Because of You'

• Smashing Pumpkins - '1979'

• Foreigner – 'Hot Blooded'"