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Game developer NovaLogic has claimed that Activision infringed the company's copyright on the term "Delta Force," and its logo used in-game, arguing that NovaLogic has been building upon the Delta Force IP for 15 years.
The developer is using the argument that the intellectual property in question is theirs to rightfully challenge due to the fact the United States Armed Forces refers to Delta Force as the 1st Special Forces Operational Detachment-Delta unit. The complaint states:
- "There is no unit of the U.S. Army called Delta Force... There is a branch of the Army's Special Operations known as 1st Special Forces Operational Detachment Delta ('1st SF-ODD'). The U.S. Army officially denies that any unit called Delta Force exists and does not claim ownership to either the Delta Force name or the logo... The infringing mark's lightning rod is horizontal rather than vertical and a portion of the delta sign is set behind the dagger blade rather than being superimposed."
The developer continues by stating that Activision ignored a previous cease-and-desist letter it sent back in May 2011, and then refused the demands of a second letter sent in December of last year.
- "As a result of defendants' [Activision's] wrongful conduct, NovaLogic has lost millions of dollars, possibly more," according to the complaint. "If defendants' infringing practices are not discontinued quickly, it is likely that the damage to NovaLogic will grow exponentially, causing more confusion in the market place, and to the reputation for quality that NovaLogic has worked so hard to establish."
The Delta Force series is a PC exclusive which consists of 9 games made from 1998 through to 2009, with a tenth game in the making. NovaLogic claims that the logo used by Infinity Ward and Sledgehammer Games in Modern Warfare 3 is a knock-off of the logo featured on the Delta Force series, and that the continued use of said logo will reduce brand awareness for the Delta Force series as a whole, which would result in a loss of sales and a subsequent loss of overall income, and that Activision failed to pay royalties to the developer, claiming something even headset manufacturer Turtle Beach willingly payed.
This is merely the latest in a sudden string of cases against Activision over intellectual property rights. Earlier in April, ActiveWorld Inc. decided to bring to court supposed patent infringments by Activision over how its games handle multiplayer; whether this IP claim can stand on its feed has yet to be revealed.