The gaming giant Activision has won a lawsuit against Humvee vehicle manufacturers who alleged that the publisher had violated their brand.
A New York judge dismissed General Motors’ lawsuit, bringing the case to an end. The lawsuit dates back to 2017 when GM Activision sued for trademark infringement, unfair competition, and false advertising, among other things. Activision replied (via The Verge) that it had the protection of the first change to use the image of real military equipment in its franchise.
Activision lawyers said GM was acting maliciously by trying to use a brand to control the creative use of a US military vehicle that was paid for by US taxpayers and used for decades in every war and conflict.
Judge George Daniels said the Call of Duty franchise had passed the Rogers Test, a groundbreaking 1
“The display of vehicles used by military operations around the world in video games about simulated modern warfare calls on the player who takes control of a military soldier and fights against a computer controller or a human controller opponent, certainly a sense of realism and lifelike variety of computer-generated battlefields, “said Daniels.
The judge continued: “Upon reviewing a copy of the Call of Duty game, the court stated that the use of the plaintiff’s name and logo easily met Rogers’ artistic relevance requirements because the players have a sense of particular reality, part to be an actual operation of the elite special forces that served as a means of enhancing the specific realism of the game. “
“Any sensible judge would conclude that the presence of Humvees in Call of Duty games has an artistic value that is at least above zero.
The judge also ruled that Activision’s use of Humvees in Call of Duty games is not “explicitly misleading”. The Call of Duty games never position Activision as the owner or creator of the vehicles.
The full verdict provides more details and details of why Activision won this case. You can read the document here as it was uploaded by The Hollywood Reporter.
In other Call of Duty messages, Modern Warfare 2 Remastered is now available on PlayStation 4, while Warzone and Modern Warfare continue to receive new updates and events.
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