Amicus brief in video game/trademark case

With the help of Phil Malone and Alyssa Picard at Stanford’s IP clinic, I and others submitted a law professors’ brief in this case involving Activision’s use of Humvees in depictions of military operations in the Call of Duty games.  AMG (which claims to own the trade dress at issue) has opposed the filing.  The brief argues that this is an easy Rogers case and also that renaming trademark claims with other labels, such as false advertising, shouldn’t be able to evade Rogers. In addition, it foregrounds the serious constitutional issues with dilution given recent First Amendment case law, including but not limited to Tam.

from Blogger

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