A New York judge has dismissed a Humvee trademark infringement suit against Activision filed by AM General in the New York Southern District Court.
The court ruled that the use of Humvees in Call of Duty is protected as artistic expression.
It will be recalled that the case was originally brought back in 2017 following an allegation of AM General against Activision for infringing on its trademark for Humvee military vehicles by using them in multiple Call of Duty titles without permission, effectively deceiving its audience into thinking AM General was somehow connected with the games.
Activision reportedly won a motion for a summary judgment dismissing all charges on the grounds that its use of Humvees in Call of Duty has artistic relevance and thus is protected under the first amendment.
In the final court ruling, the judge reportedly ruled that the use of Humvees is meant to impress realism and does not in any way mislead its audience since the plaintiff’s goal is to sell Humvees to militaries while Activision’s is to make a realistic war video game.
The court also ruled that both parties’ use of Humvees do not currently and are unlikely to ever compete with one another.
The case is currently dismissed.
AM General LLC v. Activision Blizzard, Inc. et al
|Judge:||George B Daniels|
|Court:||New York Southern District Court|
|Nature of Suit:||Trademark|
|Case Filed:||March 07, 2017|