This chart was first published Oct. 21, 2015 in conjunction with an in-depth analysis of the unlicensed use of trademark brands in video games.
* Even though it was decided 3 years before Brown, the Rock Star case is relevant because it uses the Rogers test to determine if the First Amendment protects unlicensed use of a trademark in a video game. | |||
Case (Full Text) | Alleged TM Infringement | Outcome | |
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Virag, SRL v. Sony Computer Entertainment America, LLC (2015) | Sony’s Gran Turismo 5 and 6 driver simulation game shows race cars on famous European Manza racetrack passing under bridge displaying trademark of Italian commercial flooring company Virag. | Sony wins
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Mil-Spec Monkey, Inc. v. Activision Blizzard, Inc. (2014) | Activision includes real-life “angry monkey” military patch that players can unlock in multi-player edition of Call of Duty: Ghosts game. | Activision wins
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Novalogic, Inc. v. Activision Blizzard (2013) | Novalogic asks federal court to issue order preventing Activision from using its trademark “Delta Force” logo in the Call of Duty: Modern Warfare 3 game. | Activision wins
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Rebellion Devs. Ltd. v. Stardock Entertainment, Inc (2013) | Stardock releases a game called Sins of a Solar Empire: Rebellion. Since it’s the fourth of a series, the game is referred to as simply Rebellion. | Stardock wins
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Electronic Arts, Inc. v. Textron, Inc. (2012) | EA asks court to issue judgment declaring that depicting Bell Helicopters in Battlefield 3 game is not infringement; Textron sues claiming use is infringement. | No final decision issuedParties settle after court refuses to dismiss Textron’s infringement claim because it’s “plausible” that consumers might think that Textron provided EA expertise and knowledge to “create its realistic simulations” of Bell Helicopters in game. | |
Dillinger, LLC v. Electronic Arts, Inc. (2011) | EA uses “Dilllinger” and “Modern Dillinger” as names of Tommy gun weapons in Godfather I and II video games. (Use of “Godfather” is licensed.) | EA wins
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E.S.S. Entertainment 2000, Inc. v. Rock Star Videos, Inc. (2008)* | Owner of LA gentleman’s club called The Play Pen claims that Rock Star’s depiction of strip club called “The Pig Pen” with a similar logo in the fictionalized version of LA used in Grand Theft Auto: San Andreas game is infringement. | Rock Star wins
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