A lawsuit from Activision Publishing is set to end a trademark dispute overCall of Duty: Warzone’suse of the word “Warzone,“which Activision attempted to trademark in October. DespiteCall of Duty: Warzonebeing a year old, this legal battle has continued due to another company claimingWarzonein its video game title. This dispute started last June, but the small Washinton-based companyWarzone.comhas held firm in opposition to the initial trademark application due to its game’s similar title.
Warzone.comhas been around since 2017 as an online browser-based strategy game. Recently, the title was ported to mobile platforms to widen its player base. The company initially opposed Activision’s trademarks due to a similarity to its title’sname, claiming thatCall of Duty: Warzoneis confusingly similar to its own. If successful, the owners ofWarzone.comcould prevent the trademark registration made in October.
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Since the start of this legal dispute,Activision has been set to file an official responsewith the US Patent and Trademark Office by December 12. It has so far filed for four extensions, but the deadline to respond toWarzone.com’sopposition has come. Activision has yet to plead its case to the US Patent and Trademark Office, but it has filed a lawsuit to present its side of the argument in court. Activision denies the possibility of consumer confusion, arguing thatWarzone.combears more resemblance to the board gameRiskthantheCall of Dutyfranchise. The company also notes thatWarzone.comis not available on consoles which limits its consumer reception.
Activision has attacked the defendant’s claims by bringing to light 16 other mobile titles that use the word"Warzone"in their title. Considering the common use of the term, the publishing company believes it is fair to use due to the word being common in entertainment products, likeCall of Duty,involving military combat.
In the lawsuit, Activision is seeking a declaratory judgment that it has not infringed uponWarzone.com’strademark rights. If this goes through,Activision can continue its trademarkapplication process, andWarzone.comwill have to pay Activision “reasonable attorney’s fees and costs” for the case.
So far, a ruling has not been declared, but time is running out for a decision to be made.Call of Duty: Warzoneis an increasingly popular title, and the need for trademark registration grows as the community continues to gain members. Despite this,Warzone.comhas been around longer, and the confusion case could still rule in its favor.
Call of Duty: Warzoneis available on PC, PS4, PS5, Xbox One, and Xbox Series X/S.
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