Judge rules in favor of Activision in 'Delta Force' trademark lawsuit
Judge John F. Walter has ruled that Activision's use of the term "Delta Force" in Call of Duty: Modern Warfare 3 does not infringe upon PC developer NovaLogic's trademark of the phrase, Patent Arcade reports. Judge Walter concluded that "Delta Force" as a non-specific term is as protected by free speech as something like "Scotland Yard" or "West Wing."
"Because the phrase 'Delta Force' and its insignia have an established and well-known prior meaning and connotation ... that is unrelated to plaintiff and that meaning and connotation predate plaintiff's use of the registered trademarks, it is highly unlikely that consumers will be misled," Judge Walter said.
The lawsuit, originally filed a little over a year ago, alleged that Activision's "shameless" use of the phrase was confusing to consumers and damaging to NovaLogic's "reputation for quality."
