Call Of Duty Modern Warfare 3 Subject Of Trademark Infringement Suit

Activision Blizzard, Inc., maker of the successful "Call of Duty" gaming franchise, recently found itself the subject of a trademark infringement lawsuit alleging infringement of NovaLogic Inc.’s "Delta Force" marks.
United States Intellectual Property
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Activision Blizzard, Inc., maker of the successful "Call of Duty" gaming franchise, recently found itself the subject of a trademark infringement lawsuit alleging infringement of NovaLogic Inc.'s "Delta Force" marks. The complaint, filed in California federal court, alleges that Activision's "Call of Duty Modern Warfare 3" incorporates NovaLogic Inc.'s registered trademarks for "Delta Force" and this symbol.


Plaintiff NovaLogic first released the "Delta Force" game in 1998. "Delta Force" is a first or third person shooter game that spawned a series of successful spinoffs which follow the exploits of members of the elite military Delta Force unit. The logo of the Delta Force unit in NovaLogic's games, as described in NovaLogic's complaint is "a delta symbol with a vertical lightening rod superimposed onto a dagger."

Defendant Activision's Call of Duty franchise is routinely cited as one of the most successful gaming franchises ever created. In fact, Activision claims "Modern Warfare 3" made $1 billion a day quicker than James Cameron's Avatar. Players of Modern Warfare 3 play as members of various special forces units, including Delta Force, as they battle various enemies bent on world domination.

The alleged infringing mark in Call of Duty serves to identify "Delta Force" members in the Call of Duty storyline, and the difference between the two marks is described in NovaLogic's complaint as "[the] lightening rod is horizontal rather than vertical and a portion of the delta sign is set behind the dagger blade rather than being superimposed." An image of the mark can be found here.

Both the marks and the phrase "Delta Force" allegedly refer to a branch of Army Special Operations known as 1st Special Forces Operational Detachment Delta ("1st SF-FOD"), colloquially known as the "Delta Force." The Army, however, denies the existence of the "Delta Force" and does not claim ownership of either of the marks or the term "Delta Force." NovaLogic claims that any use of the phrase "Delta Force" and the logo only creates the association with the "non-existent" military unit because of NovaLogic's Delta Force series of games.

This dispute tees up an interesting question for the Court: Can a logo and phrase associated with a widely recognized military unit, such as Delta Force, be trademarked when the government denies its existence? How the Court answers this question could have a significant effect on Activision's Call of Duty franchise, which relies heavily on allowing players to experience a fictionalized version of serving with the U.S. Army's elite, and often disavowed, special forces units.

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