‘Call of Duty’ maker wants Humvee lawsuit thrown out, calls it attack on First Amendment
The company behind the Call of Duty franchise is under fire by the maker of the High Mobility Multipurpose Wheeled Vehicle (HMMWV), with the former party claiming the high-dollar lawsuit is an infringement of the First Amendment.
The fracas came after AM General demanded an undisclosed monetary sum, seeking to use trademark law for Activision’s use of the HMMWV in their games.
AM General filed the lawsuit in 2017.
Now, Activision is on the defensive by making the matter a constitutional one.
“This case is nothing less than a direct attack on the First Amendment right to produce creative works that realistically depict contemporary warfare,” Activision fired back in summary judgment motion filed on Friday. “AM General LLC, a government contractor that manufactured military ‘HMMWV’ (or ‘Humvee’) vehicles for the U.S. military, seeks to use trademark law to control the mere depiction of those vehicles in Defendants’ fictional Call of Duty video games. The use of purported trademark rights to restrict the content of expressive works is dangerous under any circumstance. But the claims in this case are particularly egregious because they involve a U.S. military vehicle paid for by American taxpayers and deployed in every significant military conflict for the past three decades.”
AM General believes the HMMWV is intellectual property, and therefore believe they are due a serious paycheck for its use.
With the HMMWV currently driving off into the sunset as the U.S. military discards the decades-old vehicle for the Joint Light Tactical Vehicle (JLTV), the future of AM General is uncertain.
It has been speculated that the lawsuit is a stepping stone in a litigious strategy to bring in revenue until company acquisition or new product lines can begin.
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