What was filed
The complaint is Document 1 in Aristocrat Interactive S.a r.l v. New Starbreeze Publishing AB, No. 2:26-cv-03573-JAD-BNW (D. Nev.), filed October 28, 2026, with a jury demand. A docket entry dated October 29, 2026 says the case was randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Brenda Weksler. The plaintiffs are Aristocrat Technologies, Inc., a Nevada corporation based in Las Vegas; Aristocrat Interactive S.à r.l., a Luxembourg company; Aristocrat Technologies Australia Pty. LTD., an Australian company; and Video Gaming Technologies, Inc., a Tennessee corporation. The defendants are New Starbreeze Publishing AB, which the complaint describes, on information and belief, as a Swedish company based in Stockholm, and Starbreeze USA, Inc. and StarBreeze LA Inc., which it describes, on information and belief, as Delaware corporations based in Beverly Hills, California.
What the complaint alleges
Aristocrat says it has used PAYDAY-formative marks since at least 2012 for casino and slot games, gaming machines, and online and social casino games of chance, including BIG DAY PAYDAY, PICNIC PAYDAY, PAGODA PAYDAY, and PIGGIE PAYDAY. It alleges, on information and belief, that the defendants publish cooperative first-person shooter games sold as PAYDAY 2, PAYDAY 3, PAYDAY 2 VR, and PAYDAY THE HEIST. The complaint alleges that in an August 26, 2026 email Starbreeze demanded that Aristocrat withdraw its applications or cancel its registrations and not register any mark with PAYDAY in Classes 9 or 41, and that it wrote: "Provided Aristocrat complies with the above terms, New Starbreeze will waive all claims relating to Aristocrat use of PAYDAY marks prior to execution of the agreement." It says that on October 14, 2026, New Starbreeze Publishing AB filed Opposition No. 91311159 against the PICNIC PAYDAY and BIG DAY PAYDAY applications and Cancellation No. 92093085 against the PAGODA PAYDAY registration, Reg. No. 8355954. Aristocrat alleges, on information and belief, that the marks have coexisted for at least 14 years, and says it knows of no actual confusion.
The complaint also alleges that the defendants' U.S.-facing website places the registration symbol after PAYDAY and states that "PAYDAY is a registered trademark of STARBREEZE," while the defendants own no U.S. registration for PAYDAY alone and their application, Serial No. 79365323, is suspended. USPTO TSDR lists that PAYDAY application as owned by New Starbreeze Publishing AB, with the status "Application remains suspended" (status date April 22, 2026). TSDR lists PAGODA PAYDAY, Reg. No. 8355954, as owned by Aristocrat Technologies, Inc., registered July 21, 2026, with a cancellation proceeding pending at the TTAB, and lists PICNIC PAYDAY, Serial No. 99591301, as owned by Aristocrat Interactive S.a r.l with an opposition pending.
Claims and relief
Aristocrat pleads three claims against all defendants: a declaratory judgment of noninfringement; false advertising under 15 U.S.C. § 1125(a), alleged on information and belief; and deceptive trade practices under Nevada law, NRS §§ 598.0903 et seq., including NRS § 598.0915. It asks the court to declare that its use and registration of its PAYDAY marks for its chance games do not infringe any existing and valid trademark right of the defendants, and that Reg. Nos. 6420467, 6775952, 6831510 and 8355954 and eight listed application serial numbers are not adversely affected by any right the defendants claim, and it asks for damages to be determined at trial with interest and other relief.