Banilla Games sues Porter Food Market over BANILLA GAMES and game-title marks, and Fusion copyrights

The complaint

Banilla Games, Inc. v. Porter Food Market II Inc., No. 2:26-cv-06626 (E.D. Pa.), is a thirty-page complaint filed September 2, 2026, ECF No. 1. 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 Porter as a Pennsylvania corporation in Philadelphia. It alleges that on or about May 27, 2026, it learned that Porter owned, publicly displayed, sold, or offered at least four counterfeit, pirated, or hacked versions of its Fusion Link, Fusion 4, and Fusion 5 games and allowed or intended to allow customers to use them, and it alleges, on information and belief, that Porter bought or used those unauthorized copies through a secondary market. (Compl. paras. 1 to 8, 36 to 43.)

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; PLUNDERIN' PIRATES, Registration No. 8,095,915; PLUNDERIN' PIRATES (stylized), Registration No. 8,202,393; TERROR TAVERN, Registration No. 7,994,942; OFFSHORE ANGLER, Registration No. 8,174,554; CRUMBLE CAVE, Registration No. 8,157,384; BOURBON STREET DICE, Registration No. 8,165,445; VEGAS MAGIC, Registration No. 8,157,385; 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, from Fusion through Fusion 6 and Fusion Link, and of individual game titles, under registrations listed in the complaint. 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.

Docket and related suits

The docket shows a summons returned executed on October 2, 2026. Banilla filed two similar complaints in the same court a day earlier, Nos. 2:26-cv-06549 and 2:26-cv-06541, each against another Philadelphia business.