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

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

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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5 Comments

  1. KineticCalvaria

    What the hell has happened to NovaLogic? They’ve gone quite far under the radar…

    #1 1 year ago
  2. xxJPRACERxx

    @1 Yeah, I would like to know what happened to them too. I had tons of fun with Joint Operations: Typhoon Rising, it was incredible for it’s time, and supported 150 players! And there was almost no lag! I miss it.

    #2 1 year ago
  3. GwynbleiddiuM

    Joint Operations was great, F-22 Lightning 3 was also a favorite title of mine. poor NovaLogic, they have to resort to stupid lawsuits these days in order to make money.

    #3 1 year ago
  4. merrc

    Except SFOD-D is commonly referred to as “Delta Force” oh, well good for you Activision 👍

    #4 1 year ago
  5. DSB

    @5 If you read the judges statement, that’s exactly what he said. The term itself is too common to be exclusive.

    #5 1 year ago

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