EA Claims Use Of Textron Helicopters In Game Is Protected

Law360, San Diego (January 9, 2012, 3:50 PM EST) -- Electronic Arts Inc. on Friday filed a suit asserting that it did not infringe Textron Inc.’s trademark rights by using brand-name helicopters in a military combat video game because its expressive work is protected by the First Amendment and the doctrine of nominative fair use.

EA’s declaratory judgment action in California federal court against Providence, R.I.-based Textron and units Textron Innovations Inc. and Bell Helicopter Textron Inc. claims that its inclusion of Bell-made helicopters in the video game Battlefield 3 did not violate any trademark or...
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