With Call of Duty one of the most popular game franchises on the planet, it's no surprise that many want a piece of Activision Blizzard's massive profits.
But how did the multinational video game publisher not only use Humvees throughout many of its franchise entries without a license, then defeat the challenge posed by the vehicle's manufacturer, AM General LLC, before litigation even truly began?
The answer...requires some explaining.
Trademark really isn't the same as copyright...in Virtual Legality.
#CallofDuty #Humvee #Trademark
Discussed in this episode:
"Activision Wins 'First Amendment' Call Of Duty Lawsuit"
Kotaku - April 1, 2020 - Luke Plunkett
"Hi Hoeg! Since time of day/day of week has lost all meaning during quarantine, here's a late night #VirtualLegality suggestion..."
Tweet - April 2, 2020 - Joseph La Russa (@Joseph_La_Russa)
"Call of Duty allowed to include Humvees, as court rules in favor of Activision in trademark case"
GameDailyBiz - April 2, 2020 - Sam Desatoff
AM General v Activision Blizzard
Summary Dismissal Order (March 31, 2020)
"Trademark, Patent, or Copyright?"
"False designations of origin, false descriptions, and dilution forbidden"
15 USC 1125 (Lanham Act)
Article 1, Section 8
"United States trademark law"
"Exclusive rights in copyrighted works"
17 USC 106
"Limitations on exclusive rights: Fair use"
17 USC 107
Rogers v Grimaldi
695 F. Supp 112 (1988)
"Netflix: "Choose Your Own Adventure" is Too Generic to Live (Virtual Legality #185)"
YouTube Video - March 4, 2020 - Hoeg Law
"Netflix Loses Bid to Dismiss $25 Million Lawsuit Over 'Black Mirror: Bandersnatch'"
Hollywood Reporter - February 11, 2020 - Eriq Gardner
"Netflix Seeks Cancellation of "Choose Your Own Adventure" Trademark in 'Bandersnatch' Dispute"
Hollywood Reporter - February 26, 2020 - Ashley Cullins
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
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