Activision did not infringe upon “Delta Force” trademark in Modern Warfare 3 – judge

By Stephany Nunneley, Thursday, 27 June 2013 21:52 GMT

A US judge has ruled in Activision’s favor over a trademark dispute filed by NovaLogic over the use of “Delta Force” in Call of Duty: Modern Warfare 3.

The judge ruled that Activision did not infringe upon the developer’s trademark of the phrase, as “Delta Force” is a non-specific term protected by free speech.

“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 was filed in May 2012 by NovaLogic, which has held the trademark on Delta Force since 1998.

Its complaint at the time stated the term is not in use by the US government, therefore Activision was not referring to any government sanctioned military group in its game.

Via Patent Arcade; thanks, Joystiq.

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