One of the world’s biggest gaming developer, Activision has been awarded a victory over trademark infringement that they were thrown to them by automaker General Motors in 2017 which involves the use of Humvee.
Humvee is a military equipment that was developed by General Motors in the 1980’s and have a filed a lawsuit case against Activision for its use in their game Call of Duty.
But the dispute has been cleared by a New York judge in the form of George Daniels which ruled that met the artistic relevance requirement under the ‘Rogers Test’.
Featuring actual vehicles used by military operations around the world in video games about simulated modern warfare surely evokes a sense of realism and lifelikeness to the player who assumes control of a military solider and fights against a computer-controller or human-controller opponent across a variety of computer-generated battlefields.
Part of Judge George Daniel’s Decision
Call of Duty fans can now breathe with ease as one of their favorite vehicles will not be perished in the game.
Upon reviewing a copy of the Call of Duty game, the court explained that the uses of the plaintiff’s name and logo easily met the artistic relevance requirement under Rogers because they have players a sense of particularized reality of being part of an actual elite special forces operation and served as a means to increase specific realism of the game.
Part of Judge George Daniel’s Decision