Judge rules that Activision Blizzard cannot be sued for trademark infringement for featuring Humvees in “Call of Duty” video games

Judge says the First Amendment gives video game developers the right to realistically depict combat.

Law360 (April 1, 2020, 11:30 AM EDT) — A federal judge ruled Tuesday that Activision Blizzard cannot be sued for trademark infringement for featuring Humvees in “Call of Duty” video games, saying the game developer was shielded by the First Amendment.

Dismissing a lawsuit filed by the automaker AM General over its famous truck, the judge said Activision had the right to use a real-life vehicle in a work that aims to realistically depict modern combat.

If realism is an artistic goal, then the presence in modern warfare games of vehicles employed by actual militaries undoubtedly furthers that goal, U.S. District Judge George B. Daniels wrote.

The inclusions of…

https://www.law360.com/articles/1259307