Novalogic Inc vs Activision Court Battle

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 Tactical Combat Evolved Forum » Delta Force Angel Falls
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PostPosted: Wed Jun 20, 2012 3:25 pm  

Any news on the outcome of the Novalogic Inc vs Activision Court Battle, i really hope nova win and put the money into Delta Force Angel Falls.

For people who havent heard about this hes is a little info, Nova claims that Activision have unlawfully used their logo in a recent campaign and have decided to take them to court for damages.

The logo in question:



The Turtle Beach COD MW3 Ear Force Delta Headset



Admittedly, the logos are very similar, and apparently NovaLogic contacted Activision a while back stating that they were infringing copyright grounds, however the huge gaming company chose to ignore these allegations.

NovaLogic currently holds a trademark on "Delta Force," which it's possessed since 1998. Since then, the developer has released nine games under the moniker, with a tenth (Delta Force: Angel Falls) purportedly still in development. Despite their possession of the trademark, Activision and Infinity Ward's Modern Warfare 3 includes a number of missions in which players control elite operatives of a unit called Delta Force.

Here's where things get tricky: As the NovaLogic complaint points out, there's no official U.S. military unit called Delta Force upon which Activision could base said missions. However, there is a Special Operations unit called 1st Special Forces Operational Detachment-Delta (1st SFOD-D), which is colloquially referred to as Delta Force but not by the U.S. government.

"The U.S. Army officially denies that any unit called Delta Force exists and does not claim ownership to either the Delta Force name or the logo," the complaint reads.

It gets even deeper: The emblem used by Modern Warfare 3's Delta Force closely resembles the logo for NovaLogic's Delta Force, save for the inversion of a lightning bolt used in both. The 1st SFOD-D wears the U.S. Army Special Operations Command insignia red arrowhead surrounding a dagger though the "unofficial" emblem of Delta Force (as seen on the cover of the autobiography of Col. Charlie Beckwith, the unit's founder) is nearly identical to the insignias used in both games.

NovaLogic claims that Activision has ignored two cease-and-desist letters sent in May and December of last year. The studio is now seeking damages and an injunction for trademark infringement. We've reached out to Activision for a comment.


83 page PDF of all the info including exibits, link

Source theverge

I doubt Nova will get any damages out of this but i have my fingers crossed because they really do make the best FPS and i would love to see Delta Force Angel Falls get a cash injection to get it finished so we can all play it Happy .

So has anyone heard anything of an outcome about this?
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Offline TcE-Noto

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PostPosted: Thu Jun 21, 2012 6:07 am  

One word : No

here u can follow the latest news :

http://twitter.com/#!/novalogicinc
http://www.facebook.com/NovaLogic

Since Feb 2011 they r announcing the alpha test.

scroll down to alpha test and see what happens

http://www.novaworld2.com/index.php?idtag=4fc8b7101b876&do=/public/forums/display_forum/index

Confused


Maybe this court battle is the main problem 4 this behaviour?!
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Offline TcE-EviL

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PostPosted: Thu Jun 21, 2012 6:47 am  

Angel Falls Registration Certificate Received


Word Mark ANGEL FALLS
Goods and Services IC 009. US 021 023 026 036 038. G & S: Computer and video game software, computer programs recorded on CD-ROMs and compact discs featuring computer games; accessories for playing electronic computer games, namely, game controllers, custom covers for game consoles, computer cases and peripheral devices. FIRST USE: 20111014. FIRST USE IN COMMERCE: 20111014
IC 041. US 100 101 107. G & S: Entertainment services, namely, providing on-line computer games. FIRST USE: 20111014. FIRST USE IN COMMERCE: 20111014

Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 77413611
Filing Date March 5, 2008
Current Basis 1A
Original Filing Basis 1B
Published for Opposition July 22, 2008
Registration Number 4154297
Registration Date June 5, 2012
Owner (REGISTRANT) NovaLogic, Inc. CORPORATION CALIFORNIA 23805 Stuart Ranch Road, Suite 100 Malibu CALIFORNIA 92065
Attorney of Record John K. Fitzgerald
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE


http://tdrweb.uspto.gov/ts/cd/casedoc/sn77413611/ORC20120605000236/1/webcontent
http://tdrweb.uspto.gov/ts/cd/casedoc/sn77413611/ORC20120605000236/2/webcontent
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Offline TcE-EviL

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PostPosted: Fri Jun 22, 2012 5:33 am  



Here we go Noto, latest news from today + 1 new "pic" , for me this sounds like one step forward, two steps back Sleepy


Dear NovaWorld Community,



First and foremost, we would like to take this opportunity to thank you all for your continued support and encouragement for both our current titles and our upcoming projects. At this time, we are continuing with our development work on our Angel Falls Project. While we understand that there has been less communication from our end than many of you would like, there are circumstances beyond our control that limit our ability to flesh out many of our plans.



We still strive to maintain a more structured update schedule so that we can keep you all informed of our progress on a weekly and monthly basis. We continue to encourage you to follow us on Twitter@novalogicinc and check our Facebook page and NovaWorld forum posts for these updates. We understand that we have not yet reached our desired level of communication with our community, but we will continue to make structural changes to keep moving in a forward direction. NovaLogic's primary goal has been and continues to be to bring our customers games that are both rich in quality, innovation and game play experience.



We appreciate all of your continued support and look forward to seeing you in the game soon!
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PostPosted: Fri Jun 22, 2012 4:32 pm  

Yea i agree not really an update at all, but at least they are starting to communicate. I hope they continue is this manner and give up an update every month or so.
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