New York Trademark Litigation: Indiana-Based AM General Sues Activision over Call of Duty Videogame

Indianapolis, Indiana – Attorneys for Plaintiff, AM General LLC, of South Bend, Indiana filed suit in the Southern District of Indiana alleging that Defendants, Activision Blizzard, Inc., and Activision Publishing, Inc., both of Santa Monica, California and Major League Gaming Corp., of New York, New York; infringed its rights for the Trademark Registrations of HUMVEE and HMMWV and the trade dress of its HUMVEE brand vehicles. Plaintiff is seeking compensatory damages, punitive damages, corrective advertising, attorneys’ fees and costs, and prejudgment and post judgment interest.

Plaintiff alleges that Defendant’s series of Call of Duty videogames have consistently infringed by incorporating and allowing players to control vehicles in-game that, allegedly, infringe on Plaintiff’s real-life protected marks. In the complaint, Plaintiff points to various in-game levels that require the player to control a vehicle that allegedly copies the registered trade dress elements, and other moments in the game where the player sees or interacts with vehicles resembling Humvees. Plaintiff also notes in-game dialogue and marks written on the vehicles that mention “Humvee” specifically.

In the complaint, Plaintiff mentions at least 8 different Call of Duty series videogames that allegedly incorporate the trademarks and trade dress of the vehicles without authorization. Plaintiff also alleges that various advertising materials, promotions, and toy figurines depicting the vehicles also infringe on the trademarks and trade dress.

According to the complaint, Defendant’s willful conduct has tricked consumers into believing AM General approved or licensed its products for the Call of Duty videogames, and has diluted the brand’s marks.

The case was filed in the Southern District of New York Manhattan Division and assigned Case 1:17-cv-08644-GBD.

Complaint