NovaLogic suing Activision over Delta Force trademark in MW3
NovaLogic has filed suit against Activision, alleging that its use of the Delta Force name and logo in Modern Warfare 3 infringes on its trademark.
NovaLogic, the studio behind Delta Force, has filed an injunction and is seeking damages against Activision over the use of a Delta Force logo in Call of Duty: Modern Warfare 3. The complaint alleges that Activision ignored multiple warnings regarding the use of NovaLogic's trademark in the game.
Gamasutra reports that the main point of contention comes down to the use of the logo. While Delta Force is an actual counter-terrorism unit with its own emblem, NovaLogic claims that the use of a horizontal lightning rod and the dagger placement make it more akin to their own franchise's logo. It also claims that the US Army does not officially recognize the "Delta Force" name, as its actual operating name is the 1st Special Forces Operational Detachment Delta.
"Despite Activision's irrefutable knowledge of NovaLogic's superior trademark rights, Activision created knockoff marks that are nearly identical [to] NovaLogic's design and word marks," the complaint reads. "Activision then shamelessly inserted these infringing marks throughout its competing first person military adventure video games."
The complaint also names Turtle Beach, Microsoft, and BradyGames in the suit, alleging that Microsoft licensed the name and mark out to them without permission. It claims that it has "lost millions of dollars, possibly more" as a result of the infringement.
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replySteve Watts posted a new article, NovaLogic suing Activision over Delta Force trademark in MW3.
NovaLogic has filed suit against Activision, alleging that its use of the Delta Force name and logo in Modern Warfare 3 infringes on its trademark.-
Stay classy Activision...
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What a load of garbage. I loved some of the DF series, but there's been nothing for years. Trademark infringement my ass. What a world where we permit companies sue and tie up legal resources for such stupid shit. That logo has been around since before Novalogic...maybe Chuck Norris should sue Novalogic?? I mean, it had to have been in the movie at some point? Make me sick.
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Game of Copyrights
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Oh goody! Another "patent" lawsuit. God how I hate the U.S. legal system sometimes.
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Do you think we should get rid of ip rights in the US? I don't understand your post.
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It's not defending IP rights, but instead the classification of and/or definition of Intellectual Property. This logo is NOT IP as far as I am concerned.
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No, it needs large amending. The spirit of copyright and patent laws is to encourage entrepeneurship and innovation. It's being abused today at the point where the system is doing exactly the opposite.
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PRECISELY!
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The term "intellectual property" should definitely be trashed, as well as much of the overreach of the current "ip" laws.
The original intent of both copyright and patents was to provide the creators with a short period of exclusive rights to publish or manufacture their creations in an attempt to encourage more innovation. These laws were originally very limited time-wise due to the fact that ideas aren't property, they are a natural phenomenon born from a person's or group's experiences, environment and needs. Taking action on ideas, though, is difficult work, and this is where copyright/patents come in, to encourage this action.
Current law has bastardized the original intent of these laws, completely turning them on their heads. Companies and other powerful entities now use their overreaching powers to stifle innovation by individuals; this is the most sure-fire strategy to date for increasing profits without ever having to come up with something new.
This particular story is only interesting due to the underdog aspect, the smaller company trying to exert its will on the behemoth. In reality it's a quibbling issue that should never come to light. NovaLogic first developed their game almost 14 years ago. In an industry like game development, where the pace of change is a blur if you don't read Shacknews every day ( ;-) ), a studio should be ashamed of themselves for crying about such ancient history. Come on, NovaLogic! Move on and make something new!
Oh, and Activision? Shame on you for not coming up with a more interesting logo.
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It's like they did it intentionally to avoid copying
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Yeah... but all creative works produced by the US government are in the public domain, so NovaLogic had every right to use their logo. Why'd they modified it for their game instead of using the original, though? Perhaps so they could sue somebody over it later, but I really have no fucking clue.
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Whoa. I agree with activision in a lawsuit?
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you think they would ??? Activision has shown the dont care about their following... why would they care about comeptitors ?
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so Activision's defense for not paying licenses is "that's not something we would ever do"?
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