MSK Scores a Win for Activision in “Call of Duty” Trademark Litigation

Written by Lillian Lee and Timothy M. Carter

On March 31, 2020, District Judge George B. Daniels of the Southern District of New York granted MSK’s motion for summary judgment filed by Video Game Practice Co-Chairs Karin Pagnanelli and Marc E. Mayer on behalf of Activision Blizzard, Inc., Activision Publishing, Inc., and Major League Gaming Corp. (“Defendants”), dismissing all of Plaintiff AM General’s claims for trademark and trade dress infringement, unfair competition, false designation of origin, false advertising, and dilution under the Lanham Act and New York law.  AM General, the manufacturer of the High Mobility Multipurpose Wheeled Vehicle (colloquially known as the Humvee), filed its suit in November 2017, alleging that some of Activision’s popular Call of Duty games and associated strategy guides and toys depicted the Humvee without AM General’s authorization. Continue reading “MSK Scores a Win for Activision in “Call of Duty” Trademark Litigation”

The Federal Circuit Strikes Ban on Registering “Immoral” or “Scandalous” Trademarks

Trademark sign
Photo credit: iStock.com/devke

By Alesha Dominique

The U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) has struck down the Lanham Act’s ban on the registration of “immoral” or “scandalous” trademarks as an unconstitutional restriction of free speech under the First Amendment.  See In re: Erik Brunetti, No. 2015-1109 (Fed. Cir. Dec. 15, 2017).  The ruling comes less than six months after the U.S. Supreme Court’s decision in Matal v. Tam, 137 S. Ct. 1744 (2017), in which it similarly struck down the Lanham Act’s ban on “disparaging” marks as unconstitutional under the First Amendment.

Continue reading “The Federal Circuit Strikes Ban on Registering “Immoral” or “Scandalous” Trademarks”