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EA settles Battlefield 3 and Textron helicopter lawsuit
Electronic Arts has settled a lawsuit between itself and industrial conglomerate Textron, concerning three models of helicopter made by Textron aerospace subsidiary Bell Helicopter: The AH-1Z Viper, UH-1Y Venom and V-22 Osprey. The terms of the private, out-of-court settlement remain unknown, though the case itself has been dismissed with prejudice, Patent Arcade reports. The suit, which has been ongoing since last year, was originally filed by EA as a preventative tactical measure, after Textron sent a cease-and-desist letter over the unlicensed existence of its helicopters in Battlefield 3. EA claimed that its usage of these aircraft was covered by fair use policies and the First Amendment, and therefore did not require any sort of licensing agreement. Later that year, Textron responded with its own counterclaims, alleging that EA was guilty of trademark infringement and various other statutory transgressions under California law. EA then tried to have the suit dismissed, but was unsuccessful.
EA claims First Amendment protections against expected helicopter lawsuit
Electronic Arts is seeking First Amendment protections in an upcoming legal dispute with the maker of military helicopters featured in Battlefield 3. Kotaku reports that Textron, the parent company of Bell Helicopters, asked EA on December 21 to cease the depictions of three of its aircraft found in Battlefield 3. Last Friday, EA did a pre-emptive tactical suit against Textron, saying the helicopters are "protected by the First Amendment and the doctrine of nominative fair use." EA states that the Bell helicopters aren't highlighted or given any great distinction in the game. The publisher also claims the aircraft are just "a few of countless creative visual, audio, plot and programming elements that make up EA's expressive work, a first-person military combat simulation." The publisher won a similar suit last year against Ex-Rutgers University quarterback Ryan Hart, who believed his likeness was used in NCAA Football without consent. The judge felt EA's First Amendment rights to free expression outweighed Hart's right to protect his likeness, despite the character in the game having "Hart's physical attributes, sports statistics, and biographical information in mind." Speaking of First Amendment protections, Electronic Arts claims it has no individual position on SOPA, but wants the law to bail it out here ... mmm, chewy irony.
