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Society & Culture
Virtual Legality Episode 202

How Call of Duty Used the Humvee Trademark w/o a License - Legally!

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1y Apr 6, 2020
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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
https://kotaku.com/activision-wins-first-amendment-call-of-duty-lawsuit-1842625317

"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)
https://twitter.com/Joseph_La_Russa/status/1245646711558569987

"Call of Duty allowed to include Humvees, as court rules in favor of Activision in trademark case"
GameDailyBiz - April 2, 2020 - Sam Desatoff
https://gamedaily.biz/article/1673/call-of-duty-allowed-to-include-humvees-as-court-rules-in-favor-of-activision-blizzard-in-trademark-case

AM General v Activision Blizzard
Summary Dismissal Order (March 31, 2020)
https://www.documentcloud.org/documents/6823541-Humvee.html

"Trademark, Patent, or Copyright?"
USPTO Website
https://www.uspto.gov/trademarks-getting-started/trademark-basics/trademark-patent-or-copyright

"False designations of origin, false descriptions, and dilution forbidden"
15 USC 1125 (Lanham Act)
https://www.law.cornell.edu/uscode/text/15/1125

Article 1, Section 8
US Constitution
https://www.law.cornell.edu/constitution/articlei

"United States trademark law"
Wikipedia Entry
https://en.wikipedia.org/wiki/United_States_trademark_law

First Amendment
US Constitution
https://www.law.cornell.edu/constitution/first_amendment

"Exclusive rights in copyrighted works"
17 USC 106
https://www.law.cornell.edu/uscode/text/17/106

"Limitations on exclusive rights: Fair use"
17 USC 107
https://www.law.cornell.edu/uscode/text/17/107

Rogers v Grimaldi
695 F. Supp 112 (1988)
https://law.justia.com/cases/federal/district-courts/FSupp/695/112/2345732/

"Netflix: "Choose Your Own Adventure" is Too Generic to Live (Virtual Legality #185)"
YouTube Video - March 4, 2020 - Hoeg Law
https://www.youtube.com/watch?v=W3ZtxSpp2ig

"Netflix Loses Bid to Dismiss $25 Million Lawsuit Over 'Black Mirror: Bandersnatch'"
Hollywood Reporter - February 11, 2020 - Eriq Gardner
https://www.hollywoodreporter.com/thr-esq/netflix-loses-bid-dismiss-25-million-lawsuit-black-mirror-bandersnatch-1278701

"Netflix Seeks Cancellation of "Choose Your Own Adventure" Trademark in 'Bandersnatch' Dispute"
Hollywood Reporter - February 26, 2020 - Ashley Cullins
https://www.hollywoodreporter.com/thr-esq/netflix-seeks-cancellation-choose-your-own-adventure-trademark-bandersnatch-dispute-1281305


"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:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

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.


Blog: hoeglaw.wordpress.com

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