Judge: Activision May Use Unlicensed Humvee Vehicles in Games

AM General, the maker of Humvee army vehicles, has lost a lawsuit against Activision. The manufacturer took action because the publisher does not have a license to use Humvees in games. According to the judge, this is not necessary.

A New York judge has ruled that Activision’s use of Humvees in its Call of Duty games does not violate the law. The presence of the vehicles increases the realism in the game and that can be seen as an artistic goal. Therefore, no license is required for use, the judge ruled. In the ruling, which The Verge writes about, the judge refers to the Rogers test. That is a statement from the 1980s about the use of trademarks in artistic works.

AM General sued Activision in late 2017. The Humvee manufacturer would have tried to find a solution through discussions with the publisher, but that did not work. The manufacturer tried to enforce compensation through the courts. AM General argued that the use of Humvees’ likenesses in Call of Duty games and merchandise might make people mistakenly believe that Activision is licensed to do so.

Humvee in Call of Duty: Modern Warfare 3