Activision’s long-runningCall of Dutyfranchise is known for its more realistic take on being a military combat first-person shooter — barring modes like Zombies inCall of Duty: Black Opsor titles set in the distant future likeCall of Duty: Infinite Warfare. This led toAM General suing Activision in 2017for trademark infringement, false advertising, and the series' depiction of Humvees.
George Daniels, a United States District Court Judge from the Southern District of New York, filed his decision in the case Tuesday which grantedActivision’s motion for summary judgment; essentially agreeing that AM General has “no genuine dispute” before the issue had to go through a full trial. According to the decision, which was uploaded online by The Hollywood Reporter, Daniels looked at both state and federal trademark infringement law and foundCall of Duty’s use of the military vehicle has “artistic relevance” in evoking a “sense of realism” for simulated modern warfare.
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Daniels calls back to a court decision in 2013 granting Activision the right to use NovaLogic’s trademarked phrase “Delta Force” inCall of Duty: Modern Warfare 3both because of this realism and because it was a non-specific term protected by free speech. It was also found thatCall of Duty’s use of the Humvee is not “explicitly misleading;” in other words seeing theoverpowered vehicles inCall of Duty: Warzonewould not compete with Humvee sales or confuse consumers about the product’s origins.
Other facets of the lawsuit, including claims of trade dress infringement, unfair competition, and false advertising were all waived in the summary judgment. AM General was unable to move any of its claims to trial against Activision, which recentlybanned over 50,000 cheaters inCall of Duty:Warzone.
While Activision has been the subject of a number of lawsuits, the company has also taken legal action of its own. Last month itfiled a Digital Millennium Copyright Act (DMCA) subpoenaagainst the social media site Reddit to try and find out who leaked its latest battle royale game early.
Despite that, theCall of Dutyfranchise has continued to thrive, and yesterday put out a remastered version ofModern Warfare 2’s story campaign. Luckily for Activision, it will be able to keep using the Humvee military vehicle going forward as a point of free speech.
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