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'Call of Duty' wins First Amendment victory over use of Humvees

hollywoodreporter.com

191–199 of 199 posts

Re: 'Call of Duty' wins First Amendment victory over use of Humvees

#191
I really can't understand how could a lawsuit like this were valid in the first place.

The purpose of trademark is to prevent the counterfeit item be recognized as the same as trademarked item.

If the item is truly meant to refer the trademarked item, in this case realtime 3DCG rendering, there is no violation of the trademark. Isn't it? It's the same reason I can write any trademarked term here and not violate the trademark law.

US law system is beyond my understanding.

Re: 'Call of Duty' wins First Amendment victory over use of Humvees

#192
post #37

Earlier quoted context omitted.

Too bad? I think most people are smart enough to separate entertainment from marketing materials. I think this ruling is great, maybe we can finally get racing games with real cars and realistic damage modeling.

I think it was the television show 24 where the villains weren't allowed to drive Ford cars.

I think that is because Ford was paying for product placement. I don't think the first amendment applies when you sign a contract with someone promising to advertise their product in exchange for money.

I would go as far as to argue that advertisements in general aren't considered protected speech on either end. Otherwise cigarette companies could still market to children.

Re: 'Call of Duty' wins First Amendment victory over use of Humvees

#193
post #39

Maybe this will mean that games won't have to make up whacky (and confusing) off-brand names for every gun.

I love those little ingame props, or they can reflect a lot of interesting nuances and opinions about weapons.

Or on "The Simpsons." Things like the Kwik-e-Mart, Krusty Burger, Duff Beer, and characters like Rainier Wolfcastle are more amusing than what they parody.

Re: 'Call of Duty' wins First Amendment victory over use of Humvees

#194
post #180

Earlier quoted context omitted.

Fair enough and technically, I think you're right that it's not a "defense" with legal precedence (and therefore not an actual defense). But, I don't think that reality stops many companies from trying to stop the use of their brand or product in other fields because they believe they're protecting the brand. That said, this AM General case seems to be a licensing case -- they want money for the use of the of their d…

Suppose Activision sets a game in Los Angeles. A crucial mission involves a running battle down Hollywood Boulevard. Should Graumann's Chinese Theater be entitled to money for the use of the appearance of their famous building? To what extent should Google pay AM General, Ford, GM, Honda, Toyota, and so forth for the use of their vehicles' appearances in Streetview? Finally: someone makes a Mail Simulator game, in wh…

> To what extent should Google pay AM General, Ford, GM, Honda, Toyota, and so forth for the use of their vehicles' appearances in Streetview?

None. Google captured photos in public, they didn't put those vehicles there, they don't want them there and they don't add any value to streetview.

It's hard to compare that to Call of Duty where activision is intentionally modeling, texture mapping, animating and rendering someone else's design for the express purpose of adding value to their product.

Re: 'Call of Duty' wins First Amendment victory over use of Humvees

#195

Earlier quoted context omitted.

People using it colloquially is exactly the thing that leads to trademark erosion. Most eroded trade marks were previously owned and registered. It's not the registration that gives trademark protection. Trademark protection exists to protect the market place. It prevents companies from piggybacking on someone else's success. But if the consumer doesn't think that "Jeep" is a mark, but a form factor, then no one is p…

Really I think this illustrates best that trademarks are of dubious sanity. They attempt to police language but have no real control over it - pouncing like attack dogs to try to set an example to the kind of people who call all game consoles "Nintendos". In practice it seems like makework for lawyers which we need like a hole in a head - while to defend imaginary property in pursuit of imaginary lost profits. I can'…

I would want some defense if someone was using say a trademark I made for kid entertainment vulgarly. Unfortunately marketing does sometimes mean policing language, if you would end up in an unfortunate position due to association

Re: 'Call of Duty' wins First Amendment victory over use of Humvees

#196

Earlier quoted context omitted.

There seemed to be tons of Jeep brand SUVs in Italy when I was there in October. Our rental car was one without asking for it, and there were four in a row at our hotel in Amalfi. Maybe they are popular in tourist areas?

Jeep, being part of FCA Group (Fiat Chrysler Automobiles), is closer to Italy automotive industry than any other SUV brand.

Additionally, they (actual Jeeps from FCA) were marketed/priced aggressively, and quite a few went in the rent a car segment.

Think of 25,000 to 35,000 for a "Jeep Renegade" (which is rather common in Italy), vs. 50,000 to 70,000 for (say) a BMW X3.

https://www.quattroruote.it/listino/jeep/renegade

https://www.quattroruote.it/listino/bmw/x3

Speaking of the Renegade, they are manufactured in Italy, and have the same platform as the Fiat 500X, and they are largely 2 wheel drive.

Re: 'Call of Duty' wins First Amendment victory over use of Humvees

#197

Earlier quoted context omitted.

> Elevators and Fridges used to be brand names (of the Otis Elevator company and Frigidaire, respectively) There's no real reason to think "fridge" is shortened from "Frigidaire" as opposed to "refrigerator".

Well, in Spanish a refrigerator can be colloquially called a "frigider". I've never seen it in writing though.

In Italy it is the same.

Re: 'Call of Duty' wins First Amendment victory over use of Humvees

#198

Earlier quoted context omitted.

And plenty of reason to think against. The "dg" sound doesn't come through in "Frigidaire" at all. It does have an actual letter "d" present, but with the "i" in between the sound becomes entirely different. Compare to refrigerator, where the "frige" portion of the word slants easily to rhyme with "ridge."

I can't go that far. What country are you from? I would have said the second syllable of "refrigerator", and the first syllable of "Frigidaire", both obligatorily rhyme with "ridge". There's no alternative. "Frigidaire" should only really differ from "frigid air" in terms of prosody.

California. I suppose it's just a difference in accent, because I've always heard Frigid pronounced somewhat like fri-jid, with a clear enunciation between the parts, rather than the blended "dg" sound.

Re: 'Call of Duty' wins First Amendment victory over use of Humvees

#199

Earlier quoted context omitted.

I can't go that far. What country are you from? I would have said the second syllable of "refrigerator", and the first syllable of "Frigidaire", both obligatorily rhyme with "ridge". There's no alternative. "Frigidaire" should only really differ from "frigid air" in terms of prosody.

I think they're assuming Frigidaire is pronounced with a hard G, which is fair enough if you haven't heard it spoken before.

I'm actually assuming it pronounced with a more enunciated J sound than other poster accents seem to. I've always heard frigid with the emphasis on the "J" sound, rather than the softer blended j sound that produces the "dg" blend.
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