Good news for Call Of Duty fans! A judge has denied the AM General claims that the company is breaking trademark by featuring Humvees in its games.
AM General is the developer of the Humvees that are used by the United States military.
The motor company tried to claim that Activision had “affirmatively misrepresented” the Humvees, which translated to an infringement on trademark laws because the vehicles were included in the Call Of Duty franchise without a licensing deal.
Activision believed that they had a first amendment right to include the Humvee in Call Of Duty games because they “involve a US military vehicle paid for by American taxpayers and deployed in every significant military conflict for the past three decades.”
Also, developers firmly expressed their opinion that the Humvees possess artistic value.
An extract from the official court documents reads:
“Any reasonable juror would conclude that the presence of Humvees in Call of Duty games possesses an artistic value that is at least above zero.”
The judge from New York made it clear that Activision had a legal right to feature the military vehicles in Call Of Duty Games, and can, therefore, continue to include them in the beloved shooter game franchise.
Activision is not the first gaming company that encountered such a problem. Epic Games, the creator of Fortnite, was taken to court by Alfonso Ribeiro because the famous “Carlton” dance was featured in the video game.
Thankfully, Fortnite gamers were happy to learn that the dance could not have been the subject of copyright laws.
It’s sad to see game developers go to court because of such seemingly trivial reasons, but the law applies to everybody, regardless of the product they are working on.