Call of Duty: Warzone can’t be confused with, says Activision

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Call of Duty: Warzone can’t be confused with, says Activision

Call of Duty: Warzone publisher Activision says there’s no way the gaming public could confuse its free-to-play battle royale game with a browser-based strategy game also called Warzone – the publisher of which has sought to block Activision from registering Call of Duty: Warzone as a trademark. Activision has now counter-sued, seeking a court declaration that would protect it from such lawsuits in the future.

Activision Publishing, Inc. vs. LLC is a complaint for declaratory relief, which essentially means that Activision is asking the court to find that’s trademark has not been infringed upon by the publication of Call of Duty: Warzone and the registration of the associated trademark by Activision. Such a finding would preempt future lawsuits against the publisher over the use of the term ‘warzone,’ which could prove important: as the complaint points out, there are at least 16 other games with ‘Warzone’ in the title available on the App Store, Google Play Store, and as browser-based games.

Activision argues that the two Warzones in question are so dissimilar that it would be impossible to confuse one for the other – which is a crucial element of proving trademark infringement under US law.

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