Trademark Opposition related to the game ‘Warzone’

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By Vijay Chauhan

On April 8, 2021, American video game publisher Activision filed a lawsuit against independent developer Randy Ficker of Warzone.com LLC in the US District Court for the Central District of California regarding the use of the word marks "Warzone" and "Call of Duty Warzone." The dispute between the two parties emerged in June 2020, after Activision filed applications for trademark registration concerning "Warzone" and "Call of Duty Warzone". Ficker filed his trademark applications to register the mark "Warzone" on October 30, along with opposition to Activision's claim with the TTAB. Ficker's lawyer sent a cease-and-desist letter to Activision, and the two parties 

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began rounds of negotiation trying to settle the case. In its complaint, Activision alleges that Ficker's game Warzone, released in 2017, is a "low-budget, niche virtual board game" where players "take turns moving numbers across a map of the world." It also claims that the small-time player has threatened to seek "massive damages" from Activision and block the company from using and registering the 'Warzone' name. Ficker claims that Activision's use of "Warzone" in its game title, marketing, and advertising has confused public members, including players of Warzone. Activision contends its use of "Warzone”, and "Call of Duty Warzone" is not likely to cause consumer confusion because the parties' games are so different in style, gameplay, appearance, trade channels, consumer base, and design mark and logos. Activision's complaint lists 16 other games 

By Vijay Chauhan

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with the word "Warzone" in their titles that are available as a browser-based game or on mobile devices. Legal experts have said that the outcome of this case will set a precedent for how trademark disputes are approached when smaller developers are up against major companies. Ficker has set up a GoFundMe campaign to help fight the case.

By Vijay Chauhan