[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/smart-motoring.com\/latest-news\/humvee-loses-lawsuit-against-call-of-duty\/#BlogPosting","mainEntityOfPage":"https:\/\/smart-motoring.com\/latest-news\/humvee-loses-lawsuit-against-call-of-duty\/","headline":"Humvee Loses Lawsuit Against Call of Duty","name":"Humvee Loses Lawsuit Against Call of Duty","description":"Roughly three years ago, the makers behind the famous Humvee filed a lawsuit against the creators of Call of Duty. As you should know, Call of Duty is one of the world\u2019s largest game franchises and in a few of their games, they use Humvees to populate their levels where players can experience an idea of what actual modern warfare is like. In most modern wars, especially ones where the US is involved, there are bound to be Humvees. They\u2019re […]","datePublished":"2020-04-13","dateModified":"2020-04-16","author":{"@type":"Person","@id":"https:\/\/smart-motoring.com\/author\/matthew-collett\/#Person","name":"Matthew Collett","url":"https:\/\/smart-motoring.com\/author\/matthew-collett\/","identifier":5,"description":"Max Wheeler is a leading motoring journalist and classic car specialist at Smart Motoring, renowned for his sharp insight and infectious passion for all things automotive. With years of experience covering motoring news, supercars, and the enduring legacy of classic cars, Max brings stories to life with style and authority. Whether it\u2019s the roar of a Lamborghini, the elegance of an Aston Martin DB5, or the cultural impact of vintage motoring icons, he delivers expert commentary that inspires enthusiasts and collectors alike. Dedicated to celebrating the heritage and future of driving, Max Wheeler is your trusted voice for classic car news and beyond.","image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/64eca1152247aa111ace79ff1c03782b175df9dc21d2092364ff21e1cf5e38fa?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/64eca1152247aa111ace79ff1c03782b175df9dc21d2092364ff21e1cf5e38fa?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Smart Motoring","logo":{"@type":"ImageObject","@id":"https:\/\/smart-motoring.com\/wp-content\/uploads\/2024\/10\/smart-motoring_news_logo_g-e1765846726493.webp","url":"https:\/\/smart-motoring.com\/wp-content\/uploads\/2024\/10\/smart-motoring_news_logo_g-e1765846726493.webp","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/smart-motoring.com\/wp-content\/uploads\/2020\/04\/Humvee-Loses-Lawsuit-Against-Call-of-Duty-feature.jpg","url":"https:\/\/smart-motoring.com\/wp-content\/uploads\/2020\/04\/Humvee-Loses-Lawsuit-Against-Call-of-Duty-feature.jpg","height":520,"width":1200},"url":"https:\/\/smart-motoring.com\/latest-news\/humvee-loses-lawsuit-against-call-of-duty\/","about":["BLOG","Cars","LATEST CAR NEWS"],"wordCount":758,"keywords":["Activision","AM General","Call of Duty","HUMVEE"],"articleBody":"Roughly three years ago, the makers behind the famous Humvee filed a lawsuit against the creators of Call of Duty.As you should know, Call of Duty is one of the world\u2019s largest game franchises and in a few of their games, they use Humvees to populate their levels where players can experience an idea of what actual modern warfare is like.In most modern wars, especially ones where the US is involved, there are bound to be Humvees. They\u2019re the most popular choice of light armoured utility vehicles and have essentially replaced the Jeep for all the jobs that it used to do.The Humvee is an icon. Its shape is instantly recognisable with its sloped rear, Hummer-like appearance and Jeep-like grille. Just as it has become synonymous with warfare, it has been used in several Call of Duty games that cover any period of warfare where the Humvee was likely used.Some of Call of Duty\u2019s most successful games feature the Humvee, such as Call of Duty 4: Modern Warfare, Modern Warfare 2 and Black Ops II. The manufacturers of the Humvee, AM General, must have seen an opportunity to make some money and decided to sue.AM General claimed that Call of Duty had \u201cmade billions of dollars by using AM General\u2019s iconic HUMVEE\u00ae military vehicle…in eight Call of Duty video games, numerous ads, two toys, and several strategy guides.\u201d\u201cActivision neither sought nor obtained permission from AM General to do so. Activision\u2019s conduct constitutes, among other things, trademark and trade dress infringement under the Lanham Act.\u201dOn the other hand, Activision (the makers of CoD) claimed that the case was \u201cnothing less than a direct attack on the First Amendment right to produce creative works that realistically depict contemporary warfare\u201d. How very American.\u201cAM General LLC (\u201cAMG\u201d), a government contractor that manufactured military \u201cHMMWV\u201d (or \u201cHumvee\u201d) vehicles for the U.S. military, seeks to use trademark law to control the mere depiction of those vehicles in Defendants\u2019 fictional Call of Duty video games. The use of purported trademark rights to restrict the content of expressive works is dangerous under any circumstance. But the claims, in this case, are particularly egregious because they involve a U.S. military vehicle paid for by American taxpayers and deployed in every significant military conflict for the past three decades.\u201d\u201cAs such, Humvees are a fixture of the modern U.S. military and are a logical part of any attempt to tell an authentic story about modern war. Humvees also have cultural and historical significance that has absolutely nothing to do with AMG or its manufacturing process. To allow AMG to pursue its claims would run directly contrary to the First Amendment and give AMG a stranglehold on virtually any expressive depiction of 21st Century U.S. military history.\u201dA very fair point because if Humvee had won this absurd lawsuit, they would technically have every right to sue museums, history books, filmmakers and anyone else that did as little as mention the trademarked \u2018HUMVEE\u00ae\u2019 name. They would essentially be monetising history.Anyway, it was a very interesting case and if AM General had one, it would have had huge ramifications on all kinds of industries and how they could portray modern warfare. However, in the end Call of Duty was not sued and AM General took a massive \u2018L\u2019.Judge George Daniels ruled that \u201cIt was metaphysically possible for [Activision] to have produced video games without the presence of Humvees,\u201d Daniels says. But they increase Call of Duty\u2019s feeling of realism and serve a purpose beyond simply trading on the Humvee brand. \u201cIf realism is an artistic goal, then the presence in modern warfare games of vehicles employed by actual militaries undoubtedly furthers that goal.\u201d\u201cMoreover, Call of Duty beats the \u201cPolaroid factors\u201d standards that determine whether a trademark\u2019s use will confuse consumers. \u201cPut simply, [AM General\u2019s] purpose in using its mark is to sell vehicles to militaries, while [Activision\u2019s] purpose is to create realistically simulating modern warfare video games for purchase by consumers.\u201d\ufeffSo basically, Activision did not include the Humvee to sell more copies of Call of Duty and also, using Humvees in the games will not have militaries scratching their heads thinking \u2018wait, do Activision manufacture Humvees?\u2019.Thank goodness that this ridiculous lawsuit reached a rational conclusion! Judge George Daniels must be a gamer.If you enjoyed this, you should check out our post on 6 cars that have awful depreciation that you should definitely not buy new!"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Latest News","item":"https:\/\/smart-motoring.com\/latest-news\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Humvee Loses Lawsuit Against Call of Duty","item":"https:\/\/smart-motoring.com\/latest-news\/humvee-loses-lawsuit-against-call-of-duty\/#breadcrumbitem"}]}]