TM Rights Vs. Free Speech In Humvee Call Of Duty Case

Law360 (September 13, 2019, 4:31 PM EDT) -- Is using the name and drawn images of a Humvee in Call of Duty video games trademark infringement? Is it First Amendment-protected artistic expression to use the military vehicle and its trademark because they are part of contemporary history? Is the answer somewhere in between? 

These are some of the issues in the pending litigation in the U.S. District Court for the Southern District of New York between AM General LLC, the manufacturer of the U.S. military’s ubiquitous Humvee vehicle, and video game giant Activision Blizzard Inc., among other defendants. Argument on Activision’s summary judgment motion and AM General’s partial summary...

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