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?
