In a complaint filed yesterday, the makers of Humvee branded vehicles (AM General) accused the makers of the Call of Duty video games of trademark infringement (and of related violations) because the games prominently feature Humvees:
"Defendants have used and continue to use AM General’s trademarks and trade dress in advertising and promotion of their Call of Duty® video game franchise . . . Defendants’ video games have been successful but only at the expense of AM General and consumers who are deceived into believing that AM General licenses the games or is somehow connected with or involved in the creation of the games.
Defendants have reaped billions of dollars in revenues from their wrongful acts and, in the process, have irreparably harmed AM General by causing significant confusion, expressly misleading the consuming public, and diluting the goodwill and reputation of AM General’s famous marks."
The case is before Judge Daniels.