You could not know AM General, however you realize what it does: It makes the Humvee, the enduring car that changed US navy jeeps again within the ’80s. Everywhere the US Army goes, it rides in Humvees: In films, on the tv, and naturally in videogames, together with the Call of Duty sequence. According to a recently-filed lawsuit, nevertheless, Activision by no means really had permission to make use of it.
“Wrongfully leveraging the goodwill and reputation AM General has developed in these marks, Defendants have used and continue to use AM General’s trademarks and trade dress in advertising and promotion of their Call of Duty videogame franchise; have featured and continue to feature AM General’s trademarks and vehicles bearing the distinctive elements of the AM General Trade Dress prominently in their video games; and have caused and continue to cause the manufacture and sale of collateral toys and books to further derive wrongful profits from AM Genera l’s intellectual property and to further promote Defendants’ infringing video games,” the go well with (obtainable at SDNY Blog) says.
“Defendants’ videogames have been successful but only at the expense of AM General and consumers who are deceived into believing that AM General licenses the games or is somehow connected with or involved in the creation of the games. Defendants have reaped billions of dollars in revenues from their wrongful acts and, in the process, have irreparably harmed AM General by causing significant confusion, expressly misleading the consuming public, and diluting the goodwill and reputation of AM General’s famous marks.”
What’s fascinating is that AM General has licensed the Humvee to be used in quite a few different well-known shooters, together with Humvee Assault (OK, perhaps that is not an awesome instance), Delta Force: Black Hawk Down, Operation Flashpoint: Red River, and Homefront, in addition to varied toys and fashions. So it isn’t as if the corporate is averse to licensing the car. It simply hasn’t occurred with Call of Duty for some cause.
The go well with notes that the Humvee has been used extensively in Modern Warfare 1, 2, three, Remastered, and Mobilized, in addition to Black Ops 2, Ghosts, and Heroes. It additionally consists of display caps of the machine in varied CoD video games, descriptions of how they’re used, excerpts from the official technique information that make reference to the car by the Humvee identify, and a photograph of real-life Humvees with the Black Ops emblem painted on them that had been used to advertise the sport.
The go well with seeks a everlasting injunction towards Activision’s use of the Humvee and badociated properties and marks, and naturally cash: Compensatory, punitive, and enhanced or treble damages, plus legal professional’s charges, curiosity, and no matter else the court docket “deems just and proper.” I’ve reached out to Activision and AM General for extra info (together with why the go well with is simply being filed now, a decade after the primary Modern Warfare) and can replace if I obtain a reply.