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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."
NovaLogic sues Activision over use of 'Delta Force'
NovaLogic, the developer behind 1998's PC FPS Delta Force and its subsequent sequels, has filed suit against Activision over the inclusion of its own "Delta Force" in Modern Warfare 3. As you can see in the tastefully photoshopped comparison image above, Acti's Delta Force logo (right) bears a striking resemblance to NovaLogic's – additionally, NovaLogic owns a trademark on the words "DELTA FORCE.""Despite Activision's irrefutable knowledge of NovaLogic's superior trademark rights," reads the complain, "Activision created knockoff marks that are nearly identical [to] NovaLogic's design and word marks. Activision then shamelessly inserted these infringing marks throughout its competing first person military adventure video games." The complaint also makes reference to the various Modern Warfare 3-branded headsets, Xboxen and strategy guides in production that feature Activision's Delta Force logo.Both NovaLogic and Activision's fictional Delta Force teams are based on the 1st Special Forces Operational Detachment-Delta, a counter-terrorism branch of the United States military. NovaLogic claims that Activision's inclusion of a Delta Force in MW3 has caused NovaLogic to lose millions, and that if "infringing practices are not discontinued quickly, it is likely that the damage to NovaLogic will grow exponentially, causing more confusion in the market place, and to the reputation for quality that NovaLogic has worked so hard to establish." The lawsuit seeks unspecified damages and also calls for an injunction to protect against further trademark infringement.
Sixteen games from Novalogic catalog added to Steam
Are you a fan of a) downloadable games, b) the Steam service and c) awesomely named action titles? If so, you're in luck -- Novalogic recently added 16 of its high-octane action games to the Steam service, and each one possesses a moniker more radical than the last: Armored Fist 3. Joint Operations: Typhoon Rising. Tachyon: The Fringe. Delta Force - Black Hawk Down: Team Sabre. Delta Force: Xtreme 2.If you're looking to fill your computer with video games whose names have been injected with steroids, now's the time to do it. For the next week, Steam's slashed the prices of Novalogic's titles by one-tenth. You're getting 100 percent of the radness for 90 percent of the price! How can you pass that up?
Delta Force: Angel Falls teaser on NovaLogic website
The front page of developer NovaLogic's web page has a teaser poster, shown above, for a new Delta Force game, subtitled Angel Falls. No other details are given. Being that we haven't seen a Delta Force game since 2005's Black Hawk Down and the expansion, Team Sabre, we're interested in how this game can compare bar-raising games like Call of Duty 4.
