NovaLogic sues Activision over use of 'Delta Force' [Joystiq]

[DP ServBot]

NovaLogic, the developer behind 1998's PC FPS Delta Force and its subsequent sequels, has filed suit against Activision over the inclusion of its own "Delta Force" in Modern Warfare 3. As you can see in the tastefully photoshopped comparison image above, Acti's Delta Force logo (right) bears a striking resemblance to NovaLogic's - additionally, NovaLogic owns a trademark on the words "DELTA FORCE."

"Despite Activision's irrefutable knowledge of NovaLogic's superior trademark rights," reads the complain, "Activision created knockoff marks that are nearly identical [to] NovaLogic's design and word marks. Activision then shamelessly inserted these infringing marks throughout its competing first person military adventure video games." The complaint also makes reference to the various Modern Warfare 3-branded headsets, Xboxen and strategy guides in production that feature Activision's Delta Force logo.

Both NovaLogic and Activision's fictional Delta Force teams are based on the 1st Special Forces Operational Detachment-Delta, a counter-terrorism branch of the United States military. NovaLogic claims that Activision's inclusion of a Delta Force in MW3 has caused NovaLogic to lose millions, and that if "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." The lawsuit seeks unspecified damages and also calls for an injunction to protect against further trademark infringement.NovaLogic sues Activision over use of 'Delta Force' originally appeared on Joystiq on Thu, 17 May 2012 00:00:00 EST. Please see our terms for use of feeds.

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[Griking]

I hope that Nova Logic wins.

[Kitsune Sniper]

Novalogic is going to own their asses. No contest.

Though, I thought Delta Force was owned by a movie studio. Maybe the trademark extends to games only, I dunno.

[Bojay1997]

Novalogic is going to own their asses. No contest.

Though, I thought Delta Force was owned by a movie studio. Maybe the trademark extends to games only, I dunno.

It's pretty hard to enforce a trademark to the name of a government entity regardless of whether or not the Patent and Trademark Office has awarded you the trademark. Lots of companies have tried, but I'm not aware of too many that have succeeded. They may be able to make an argument about consumer confusion and misappropriation of the graphic, but I doubt any court is going to allow them to prevent another gaming company from using a unit of the US military in another game as long as the game itself isn't called "Delta Force".

[badinsults]

Delta Force was a Chuck Norris movie.

Do you really want to bring this up and mess with Chuck Norris?

[Collector_Gaming]

Delta Force was a Chuck Norris movie.

Do you really want to bring this up and mess with Chuck Norris?

chuck norris will create a all powerful round house which will knock both companies out... and then take both of their money. Game set.. chuck norris wins.