NovaLogic to Activision… “We were here first.”

MAY 15, 2012 ● NovaLogic is suing Activision Inc. for trademark infringement claiming the “Delta Force” names was wrongfully used in Call of Duty: Modern Warfare 3. The trademark on Delta Force has been held by NovaLogic since 1998. Neither the U.S. Army nor the U.S. government uses the name. According to the complaint, “The U.S. Army officially denies that any unit called Delta Force exists and does not claim ownership to either the Delta Force name or the logo.” NovaLogic claims Activision has ignored two cease and desist letters, and now seeks a court injunction.

Impact: Show of hands: how many people actually thought NovaLogic was still a going concern? That’s because we haven’t heard much from this venerable publisher of combat sims in quite a while. Now it is up to a judge to decide whether Delta Force is such a common phrase in public usage that employing the name is fair use, at least until the obligatory settlement is eventually tendered.