Stefan Mileschin

Manufacturers cannot claim copyright on Hummers images

You would think that the makers of Hummers would be rather pleased to see their oversized off-roaders being used in a realistic combat game, but apparently not. AM General, the government contractor for Humvees sued Call of Duty maker Activision for using Hummers.

In a case which could really cause a headache for the games industry AM General felt that the use of Hummers in the game violated its trademark.

However, A New York federal judge responded favorably to Activision's argument that it had a First Amendment right to depict contemporary warfare in its game by featuring Humvees.

"If realism is an artistic goal, then the presence in modern warfare games of vehicles employed by actual militaries undoubtedly furthers that goal", writes US District Court Judge George B. Daniels in granting summary judgment in favor of Activision.

The video game publisher fought AM General's claims along with Major League Gaming, a professional esports organisation. The dispute was potentially worth tens of millions of dollars, and the discussion attracted intellectual property professors and the Electronic Software Association to weigh in with amicus briefs.

https://fudzilla.com/news/gaming/505...s-court-battle