Activision, the creator of Call of Duty, wins lawsuit in a case involving the appearance of a real vehicle in the game


by

Skall_Edit

Regarding the case where the real military transport vehicle `` Humvee '' has appeared in the popular war FPS `` Call of Duty '' series, the lawsuit brought by AM General, the manufacturer of the vehicle, has been called `` Call of Duty '' Activision, the developer of, won in the first instance. Judge George Daniels, who was in charge, deemed the case to be 'free of expression' and not a trademark infringement.

Humvee
https://www.documentcloud.org/documents/6823541-Humvee.html



'Call of Duty' Wins First Amendment Victory Over Use of Humvees | Hollywood Reporter
https://www.hollywoodreporter.com/thr-esq/call-duty-wins-first-amendment-victory-use-humvees-1287882

On November 9, 2017, AM General sued Activision for trademark infringement, claiming that 'Hanvy appeared in Call of Duty.' In response to the lawsuit, Activision has launched a lawsuit in partnership with esports organization Major League Gaming . The complaint attracted a great deal of attention as an issue related to 'whether or not a real product could appear in the work', and a US university professor specializing in intellectual property rights jointly named ' Trademark law tramps freedom of expression . it is (PDF file) that it is not permitted, ' the letter was developed into a situation that put send.

According to a news reporter Hollywood Reporter who reported on the case in detail, the lawsuit was called the `` Rogers Test '' which determines whether the trademark can be used in a work of art depending on the result. A major factor was that the decision framework could be revised. The Rogers Test was established in a court case for the trademark rights of a fictional film appearing in the 1989 Rogers v. Grimaldi film, and has been cited as a case where the freedom of expression and the trademark rights conflicted with each other. . In the Rogers test, two questions were raised: whether the use of the trademark is artistically meaningful, and if it is artistically meaning, is it used misleadingly? Become.



In this case, AM General asserted, 'If trademark infringement is obvious and infringes a well-known trademark, trademark rights should be treated as equal to freedom of expression.' After quoting the

Polaroid vs. Polarado case, which developed into a lawsuit due to a similar company name, submitted Hanvy drawn with the `` Call of Duty '' logo at promotional events and user guides as evidence, `` Activision It's misleading as if you own the Hanvie trademark. '

Judge Daniels responded to this claim by saying that Call of Duty was making Hanvie appear in the film, `` When realism is an artistic goal, the vehicles used by the actual army are modern warfare. No doubt, appearing in a game that does enhances realism. ' In addition, `` AM General is a company that manufactures vehicles, but Activision is a company that develops games, and each product has low similarity '', rejecting AM General's claim that it is `` misleading '' .


by Jerry Edmundson

Judge Daniels said, 'Plaintiffs couldn't provide enough evidence to overturn the ruling.' 'The assumption that Call of Duty's artistry has only realism has a story-based campaign mode in the film. But there is no doubt that realism is itself an artistic advantage. '

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