Activision Beats Humvee Trademark Claims Over ‘Call of Duty’
Written April 8, 2020
The US District Court for the Southern District of New York held on April 1, 2020, that Activision Blizzard cannot be sued for trademark infringement for featuring Humvees in its “Call of Duty” video games, saying the game developer was shielded by the First Amendment. AM General LLC v. Activision Blizzard, Inc., S.D.N.Y., No. 17-8644, Opinion 4/1/20.
AM General sued Activision in 2017, alleging that Activision closely copied the Humvee military vehicle in several games in the popular Call of Duty franchise. It also said it repeatedly invoked the “Humvee” trademark within the game and utilized the vehicle and trademarks in promotional materials.
The court applied the Second Circuit’s two-prong test for trademarks in expressive works from the 1989 decision in Rogers v. Grimaldi. The court found that AM General failed to show that the video games and related promotional efforts explicitly mislead consumers into thinking it endorses them, and awarded summary judgment on all claims.
AM General sued Activision in 2017, alleging that Activision closely copied the Humvee military vehicle in several games in the popular Call of Duty franchise. It also said it repeatedly invoked the “Humvee” trademark within the game and utilized the vehicle and trademarks in promotional materials.
The court applied the Second Circuit’s two-prong test for trademarks in expressive works from the 1989 decision in Rogers v. Grimaldi. The court found that AM General failed to show that the video games and related promotional efforts explicitly mislead consumers into thinking it endorses them, and awarded summary judgment on all claims.