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Activision is facing a federal lawsuit over its use of the Delta Force name and symbol, which developer Novalogic says violates its trademark. Call of Duty: Modern Warfare 3 references Delta Force, which is a nickname for the 1st Special Forces Operational Detachment-Delta (1st SFOD-D). The U.S. Army doesn't acknowledge the Delta Force name, which is why Novalogic was able to trademark it in 1998 for use in its Delta Force series of first-person shooters.
The suit claims that Activision has infringed on Novalogic's Delta Force logo (above, left) with its own version (above, right). "Although there is much lore surrounding special operation units, only because of the 'Delta Force' series does the general public identify the logo with any ancillary existing military unit," says the suit. According to Novalogic, Activision is violating its trademark by not only copying the logo, but by putting Delta Force in Call of Duty: Modern Warfare 3.
The lawsuit, which seeks unspecified damages, also calls out a number of Activision partners. Turtle Beach and Microsoft are included in the suit for manufacturing limited-edition headsets and game consoles, respectively, and BradyGames included screens of the offending content in its official strategy guide.
"As a result of defendants' wrongful conduct, NovaLogic has lost millions of dollars, possibly more," the complaint says. "If defendants' infringing practices are not discontinued quickly, it is likely that the damage to NovaLogic will grow exponentially, causing more confusion in the market place, and to the reputation for quality that NovaLogic has worked so hard to establish."
Activision has yet to respond to the suit. We'll keep you posted when they do.
[Source Courthouse News]
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