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Activision is suing us!: 4/13/2021 14:05:31

Fizzer 
Level 62

Warzone Creator
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Warzone is under attack!

Activision is suing Warzone for the name, even though Warzone launched years before “Call of Duty: Warzone” did.

Click here to see how absurd their lawsuit is: https://www.gofundme.com/f/activision-is-suing-warzone
Activision is suing us!: 4/13/2021 14:09:34

Legolas 
Level 60
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oof...

Did you read this article on it @Fizzer?

https://segmentnext.com/2021/04/10/activision-warzone-com-trademark/
Activision is suing us!: 4/13/2021 14:11:25

Fizzer 
Level 62

Warzone Creator
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Yes, they clearly did no research. "The said web-based game is called Warzone Idle and was released by publisher Hasbro in 2020."

(For the record, the game is called "Warzone" and it was released by "Warzone.com, LLC." in 2017, and it's not only web based but also on iOS/Android)

Edited 4/13/2021 16:42:50
Activision is suing us!: 4/13/2021 14:12:01


krinid 
Level 60
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What's the difference between supporting the cause via GoFundMe vs just buying stuff natively on WZ? eg: buying a bunch of coins, SuperCamp, etc.

I think we already have an available format to support you/the game/the fight by buying directly in-game.

Maybe you could make some "Support the Cause" bundle of values from $1 to $100 with varied in-game rewards, some coins, some WZI powers. It'd probably get a lot of interest for both game value & supporting the fight.

FIGHT THE FIGHT! And win!

Edited 4/13/2021 14:12:49
Activision is suing us!: 4/13/2021 14:12:03

Sevban
Level 57
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Counterclaim It Fizzer!!
Activision is suing us!: 4/13/2021 14:12:46

Legolas 
Level 60
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Yeah, and I assume you or someone else corrected him. I see he added an update section to his article where he claims WarLight turned into WarLight 2 in 2017...
Activision is suing us!: 4/13/2021 14:13:07


Paceypro
Level 56
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Im with ya buddy
Activision is suing us!: 4/13/2021 14:14:30


Kratt 
Level 61
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You have my sword...
Activision is suing us!: 4/13/2021 14:14:45

Legolas 
Level 60
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Maybe you can contact some youtube lawyers and have them make a few videos on it if they want to? @Fizzer

I don't know if it cost any money, but I assume some youtube lawyers want something unique to make content about and it could spread awareness.
Activision is suing us!: 4/13/2021 14:17:30


stonemender 
Level 36
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Here's your first donation.

counterclaim Activision is stepping on your IP.
Activision is suing us!: 4/13/2021 14:17:33


krinid 
Level 60
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You have my sword...


And my axe.
Activision is suing us!: 4/13/2021 14:18:00


Paceypro
Level 56
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You have my 500k armies
Activision is suing us!: 4/13/2021 14:18:02


UnFairerOrb76
Level 56
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got to admit tho. this will make a few gaming mag/websites so basically free advertising :D
Activision is suing us!: 4/13/2021 14:20:00


Quantum Entity
Level 51
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Yeah lol
Activision is suing us!: 4/13/2021 14:20:38


UnFairerOrb76
Level 56
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counter sue and get big money ( will that work?)
Activision is suing us!: 4/13/2021 14:21:07


Loxiiv 
Level 57
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what's wrong with going back to warlight
Activision is suing us!: 4/13/2021 14:21:35


Paceypro
Level 56
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no loxiiv
Activision is suing us!: 4/13/2021 14:21:48

JohnWayne
Level 55
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He was negotiating with Activision anyhow. Negotiations just broke down now. So he was asking for more money than Activision thinks this will cost. Or they're being assholes. Probably the latter, though it would be nice to know at which offer negotiations broke down.
Activision is suing us!: 4/13/2021 14:22:03


καλλιστηι
Level 58
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I hope they lose the suit so much, that they will have to rename that Call of Duty game.

Edited 4/13/2021 14:23:13
Activision is suing us!: 4/13/2021 14:22:54


Kratt 
Level 61
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This will truly be one of the few times ever where all of the community can come together, put aside the drama and the disagreements and unite under the same cause.
Activision is suing us!: 4/13/2021 14:23:49


καλλιστηι
Level 58
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Unlikely.
- downvoted post by Loxiiv
Activision is suing us!: 4/13/2021 14:25:08


Kratt 
Level 61
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No, probably not, but it's a great modern day David vs Goliath story though.
Activision is suing us!: 4/13/2021 14:31:54


Farah♦ 
Level 61
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I really hope you win, Fizzer. That should only be fair. I do have a few questions though. I'm not sure whether you can go into them, as it's an ongoing lawsuit and everything, but when reading their filed lawsuit a few things seem weird.

First and foremost, they state this:

On November 20, 2020, Defendant’s counsel sent a “cease and desist”
letter to Activision’s counsel, demanding that Activision “change the name of its
games, stop using Warzone’s WARZONE mark, and abandon the trademark
applications.” Defendant also advised Activision that Defendant “would be within
its rights to seek to enjoin Activision from using the WARZONE mark and to
recover monetary relief as a result of Activision’s infringing use… [including]
Activision’s profits attributable to its use of the WARZONE mark in ‘Call of Duty:
Warzone’ or a reasonable royalty.” Activision disputes these allegations, and
expressed its position in a letter dated February 16, 2021.


They make it sound like you started this all, by sending a cease and desist letter. Now don't get me wrong, I'd have sent a ton of those already, but is this simply them trying to shift the blame to you, or is this the actual reason they're suing you?

Point 28 states that:

Defendant’s counsel also made a monetary
settlement demand and demanded a response to that demand by March 12, 2021.
On March 24, 2021, Activision made a counterproposal. On April 5, 2021,
Defendant rejected the counterproposal and did not offer to continue the
negotiations.


How fair was their counterproposal? I understand you won't give details into the numbers, but relatively speaking, what percentage of your demand did they offer as counterproposal? Or wasn't it monetary?

Activision respectfully requests that this Court enter
judgment in its favor and against Defendant:

(...) 3. Declaring that Activision’s use of the WARZONE or CALL OF
DUTY WARZONE Marks is not likely to cause, and has not caused, confusion,
mistake or deception as to the affiliation, connection, or association of Defendant
with Activision’s goods and services, or as to the origin, sponsorship, or approval
of Activision’s goods and services by Defendant

4. Declaring that Activision’s pending applications for registration of the
marks WARZONE and CALL OF DUTY WARZONE may proceed to
registration;

5. Declaring that Defendant’s pending applications for registration of the
mark WARZONE should not proceed to registration;

6. Ordering that Defendant, its officers, directors, employees, agents,
affiliates, attorneys, representatives, and licensees, be enjoined and permanently
restrained from interfering with Activision’s use and registration of the
WARZONE and CALL OF DUTY WARZONE marks(...)

7. Awarding Activision its reasonable attorney’s fees and costs; and

8. Granting Activision such other and further relief as the Court may
deem just and proper.

How angry were you when you read these absurdities?

Do you think Activision can get away with this? And do you think they have a chance at winning this lawsuit?
Activision is suing us!: 4/13/2021 14:40:25


Quantum Entity
Level 51
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I was wondering the same thing.
Activision is suing us!: 4/13/2021 14:48:37

Alsadius
Level 34
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I finally decided to buy the supercamp for Idle, because it seemed like a better way of contributing than the GoFundMe. (No fees, and I get something for it that doesn't cost you anything to provide.)

That said, Farah seems to raise a good point. Did you kick the hornet's nest? Because your GoFundMe is predicated on them suing you, but the wording of it - and of Activision's lawsuit - makes it seem like you went after them. And while I understand that you don't want to give up your game's title to a giant company for nothing, they're not trying to get money out of you the way you suggest. They're just trying to get their game's IP protected from *your* lawsuits. I don't expect it to be an easy case for them, but this isn't a crazy suit. It's not like they're asking for monetary damages from you.
Activision is suing us!: 4/13/2021 14:49:53


Skapis9999
Level 60
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Ι am sure they would. In my opinion a monetary settlement is the only solution. Activision can bankrupt Fizzer with years of trials. And win is not that sure.
Activision is suing us!: 4/13/2021 14:56:17

Fizzer 
Level 62

Warzone Creator
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Defendant’s counsel sent a “cease and desist”
letter to Activision’s counsel, demanding that Activision “change the name of its
games, stop using Warzone’s WARZONE mark, and abandon the trademark
applications.”


That's a flat-out 100% lie. I never sent a cease and desist. Activision's entire lawsuit is absurd.

Edited 4/13/2021 16:06:05
Activision is suing us!: 4/13/2021 14:59:28


stonemender 
Level 36
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That's a flat-out 100% lie. I never sent a cease and desist or demand they change their name. Activision's entire lawsuit is absurd.


If this goes to court, Judges do NOT look upon fabrication of facts favorably.
Activision is suing us!: 4/13/2021 15:00:10


Farah♦ 
Level 61
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That's a flat-out 100% lie. I never sent a cease and desist or demand they change their name. Activision's entire lawsuit is absurd.

Very good to hear. I'll be rooting for you from the sidelines!
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