Banilla Games sues Mezquita Grocery over BANILLA GAMES and game-title marks, and Fusion Link copyrights

The complaint

Banilla Games, Inc. v. Mezquita Grocery II Inc., No. 2:26-cv-06541 (E.D. Pa.), is a twenty-seven-page complaint filed September 1, 2026, ECF No. 1. The case is assigned to Judge Harvey Bartle III. Banilla says it markets video gaming systems under the FUSION brand in the skill-based gaming and amusement industry and is the exclusive distributor of its FUSION games. It describes Mezquita as a Pennsylvania corporation in Philadelphia. It alleges that on or about July 10, 2026, it learned that Mezquita owned, publicly displayed, sold, or offered at least one counterfeit, pirated, or hacked version of its Fusion Link game and allowed or intended to allow customers to use it, and it alleges, on information and belief, that Mezquita bought or used unauthorized copies through a secondary market. (Compl. paras. 1 to 8, 32 to 39.)

The marks

Banilla alleges ownership of federally registered marks including BANILLA GAMES, Registration No. 7,187,483; BANILLA GAMES (stylized with bananas), Registration No. 7,187,484; CRUMBLE CAVE, Registration No. 8,157,384; BOURBON STREET DICE, Registration No. 8,165,445; VEGAS MAGIC, Registration No. 8,157,385; PLUNDERIN' PIRATES, Registration No. 8,095,915; PLUNDERIN' PIRATES (stylized), Registration No. 8,202,393; OFFSHORE ANGLER, Registration No. 8,174,554; TERROR TAVERN, Registration No. 7,994,942; and GORGON TREASURES OF GREECE, Registration No. 8,174,555. USPTO Trademark Status and Document Retrieval records list all ten registrations as live, owner Banilla Games, Inc.; BANILLA GAMES, Registration No. 7,187,483, was registered October 10, 2023.

Copyright and the counts

Banilla also alleges copyright ownership of its Fusion games, including Fusion Link, and of individual game titles, under registrations listed in the complaint, and its copyright count centers on Fusion Link. Count I alleges copyright infringement under 17 U.S.C. §§ 106 and 501. Count II alleges federal trademark infringement under 15 U.S.C. § 1114. Counts III and IV allege unfair methods of competition and false designation of origin under 15 U.S.C. § 1125(a). Counts V and VI allege Pennsylvania common law unfair competition and trademark infringement. Banilla seeks injunctive relief, damages, and related remedies, and demands a jury.

Default and related suits

The docket shows a summons returned executed on September 18, 2026, a request for default on October 8, 2026, and a clerk's entry of default against Mezquita on October 13, 2026. Banilla filed a similar complaint against another Philadelphia business the same day, No. 2:26-cv-06549, and another on September 2, 2026, No. 2:26-cv-06626.