NovaLogic Suing Over Delta Force Trademark

The Wooster

King Snap
Jul 15, 2008
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NovaLogic Suing Over Delta Force Trademark


Activision, Microsoft and Turtle Beach could face lawsuits over their use of the "fictional" unit.

Okay, so for those of you who aren't wearing your camo-print undies: Officially, there's no such thing as "Delta Force." The term is just a popular, slightly-less dull name for the 1st Special Forces Operational Detachment-Delta. As no official military unit uses the name, NovaLogic managed to trademark the term, along with a stylized version of the 1st SFOD-D logo, back in 1998 for its series of millitary shooters.

Activision uses the Delta Force name, as well as a similar logo and has characters referring to "The Unit," the term 1st SFOD-D members use to refer to the outfit, in Modern Warfare 3. Novalogic asserts that this is a violation of their trademark. NovaLogic states the mark is "for use in connection with computer software featuring simulations created through graphics, computer game software, pre-recorded CD-ROM compact discs featuring computer games, hand held units for playing computer games, accessories for hand-held units for playing electronic computer games, namely computer game joysticks, manuals and strategy guides."

Now here's where things start to get complex. Activision hired a former Unit member, one Thomas 'Dalton Fury' Greer, to ensure MW3 featured totally authentic uniforms and military gibberish. Greer himself wrote a novel, cheerfully entitled "Kill Bin Laden," which features a stylized version of the Unit logo on the cover. That logo just happens to look very similar to NovaLogic's version.

Vivendi, who owns Activision, previously licensed NovaLogic's trademarks for use in a game. Meaning it was well aware of NovaLogic's trademarks. NovaLogic claims that Activision has ignored two cease-and-desist letters sent last year, and the developer is now seeking damages and an injunction for trademark infringement.

Microsoft and overpriced headphone pimps, Turtle Beach, both produced MW3-themed merchandise that bear the Delta Force name, and the distinctive logo, which I'm told you're not supposed to call the "knifey triangle." If NovaLogic's claim is successful, those products would likely be deemed in breach of trademark law.

A company known for producing silly military shooters on a yearly schedule is being sued by a company known for producing silly military shooters on a yearly schedule? This is the legal equivalent of a visit from the Ghost of Christmas Yet to Come. Lovely.

Source: Courthouse News [http://www.courthousenews.com/2012/05/15/46498.htm] Via The Verge [http://www.theverge.com/gaming/2012/5/15/3021964/developer-novalogic-suing-activision-for-use-of-delta-force-trademark]

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Evil Smurf

Admin of Catoholics Anonymous
Nov 11, 2011
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DVS BSTrD said:
usmarine4160 said:
DVS BSTrD said:
NovaLogic produces silly military shooters on a yearly basis?
Haha, I remember the Delta Force games. Then I didn't see Novalogic since... thought they died :-/
More like the ghost of Christmas past,
you touch their Logo they kick your ass.
I wonder how this case will settle.
 

Antari

Music Slave
Nov 4, 2009
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I wouldn't exactly call Novalogic the ghost of christmas yet to come as they were established back in 85. DVS has it right, definately ghost of christmas past. But perhaps the tiny tim of christmas past. They were never a real juggernaut. And while it could be a big payday for them. Electronic Arts is a minority shareholder in Novalogic. I can't say I want to see them gain from this.
 

Tony2077

New member
Dec 19, 2007
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other then Tachyon: The Fringe i haven't played or even care about anything else they made
 

octafish

New member
Apr 23, 2010
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I have just got to say seeing the bearded one and the name Delta Force has got me rushing on waves of MegaForce nostalgia. If either of these companies make a game based on Megaforce they have a guaranteed GOTY. Bearded Barry Bostwick FTW!

 

NLS

Norwegian Llama Stylist
Jan 7, 2010
1,594
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Chaos Marine said:
Novalogic are still around?
Their last "annual" game release was Delta Force: Extreme back in 2005, up to that point they had a new game every year since 1998. After 2005 though it's been quite dead with Delta Force: Extreme 2 released in 2009, and an unreleased title named Delta Force: Angel Falls that seems to be taking forever to get finished.