NovaLogic Inc., the publisher of the “Delta Force” series of military-themed video games, sued Activision Blizzard Inc. for trademark infringement.
The complaint, filed in federal court in Los Angeles, claims Activision allegedly infringed the “Delta Force” marks by incorporating a “Delta Force” division into its “Call of Duty” game.
Calabasas, California-based NovaLogic said there is no actual “Delta Force” unit in the U.S. military, and that the public became aware of the term only through the video game. The U.S. Army “denied that any unit called Delta Force exists and does not claim ownership to either the Delta Force name of logo,” the company said in its pleadings.
Activision is also accused of incorporating a design mark into its games that is “nearly identical” to the Delta Force marks used by NovaLogic.
Activision, of Santa Monica, California, didn’t respond to an e-mailed request for comment. NovaLogic also named Voyetra Turtle Beach Inc., Penguin Group and Microsoft Corp. as defendants, saying all are licensees of Activision.
NovaLogic asked the court to halt further infringement of its marks and for awards of money damages, litigation costs and attorney fees.
The case is NovaLogic Inc. v. Activision Blizzard Inc. (ATVI), 2:12-cv-04011-JFW-SH, U.S. District Court, Central District of California (Los Angeles).