I have emailed golem.de

What do you get in return, other than the trademark, assuming you win?

https://segmentnext.com/2021/04/10/activision-warzone-com-trademark/

Activision has hence sued the maker of the incremental strategy board game and wants the Los Angeles federal court to declare Call of Duty: Warzone has an independent intellectual property and which does not infringe any trademarks.

https://www.reuters.com/article/ip-trademarks-idUSL1N2M22F8

Video game giant Activision sued in Los Angeles federal court for a declaration that its “Call of Duty: Warzone” doesn’t infringe trademark rights owned by Warzone.com LLC, which makes a web-based strategy game also called “Warzone”.

https://techraptor.net/gaming/news/activision-sues-warzonecom-after-negotiations-break-down

In Los Angeles' federal court, Activision has sued, declaring that "Activision's use and registration of the word marks WARZONE and CALL OF DUTY WARZONE do not infringe Defendant’s purported trademark rights in the title of its browser-based strategy game "Warzone"" as first reported by Reuters via Westlaw.
Yes, this is another trademark lawsuit and it's usually very boring, but this lawsuit, in particular, is interesting because Activision seemingly isn't saying that the Warzone.com shouldn't exist, but that a complaint filed by Randy Ficker, the developer of the Warzone.com game is "baseless".

https://globelivemedia.com/gaming/dispute-over-warzone-small-browser-game-threatens-activision-with-lawsuit/

However, it was not Activision that took action against the operator of Warzone.com, but the other way around. Warzone.com issued a cease and desist notice to the company behind Call of Duty in 2020 to counter their application for trademark registration.

None of these articles support that narrative. At least as far as the reporting has gone, they're not trying to stop you from using the name, only argue that their game doesn't violate your trademark. It seems like it does, obviously, but I think this situation is being massively misrepresented by either you or all media sources, and I'd be interested in seeing where that breakdown comes in.

Edited 4/13/2021 19:01:34

What do you get in return, other than the trademark, assuming you win?

If Fizzer wins and gets the trademark for Warzone, if Activision still wants to use the name Warzone for CoD, they would have to pay royalties to Fizzer, and that's assuming Fizzer would even allow Activision to continue using the name.

not likely fizzer will want cod to continue using that name saying that it is stopping our warzone from seeing the light

um, those royalties will be very very juicy...

Idk why Fizzer never trademarked the term when he first changed the site name... or am I wrong? I guess he didn't see a billion dollar franchise coming out of noweher with the same name 3 years on...

Anyway... gl Fizz!

Edited 4/13/2021 19:05:46

the way everyone is quoting the law book it looks like u don't rly need to trademark as long as u have the name first

Just make sure to prepare the servers so once that wave of people who read the lawsuit articles decides to check out this game, it won't crush them.

This is Very similar to when Sierra released Hero’s Quest in 1989 and had to later change the name because Milton Bradley already had a board game Hero Quest. Sierra had to change the name to Quest for Glory.
They settled out of court.

So i think one of the biggest things here is "Activision further attacks the defendant's claims by pointing out there are 16 other mobile games with the word "Warzone" in the title, and noting "the term 'Warzone' is a phrase that is used by many video games and other entertainment products that involve military combat."

So if Activision is stating in their lawsuit there are already a number of apps with the name Warzone, how the fuck are they arguing that the TM belongs to them. Like their defence for having this lawsuit is that there are already a number of games inclduing yours which use the name, but then argue that they deserve the name after coming last to the table?

It has nothing to do with royalties. If they get the trademark, they can go to Apple + Google and say "Hey this app is named Warzone, and we have the registered trademark for Warzone, please delete the apps" and then poof, Warzone is gone. I had no choice but to oppose the trademark.

Are you going to do that too if you win?

So if Activision is stating in their lawsuit there are already a number of apps with the name Warzone, how the fuck are they arguing that the TM belongs to them

I think their first argument was not that the trademark belonged to them; just that the trademark doesn't belong to Fizzer. After Fizzer opposing this trademark registration, they've decided to sue to get the trademark. The argument they made likely falls into the category of Fizzer not owning the trademark.

Activision is trying to say that if it wins, That both games can be called warzone, but fizzer has to pay the attorney fees, which would probably bankrupt warzone LLC and put him out of business, thus ending all of activisions problems and our game.
If fizzer wins, then he will get paid damages due to loss of revenue. This is also valid. We will see how this plays out. I hope fizzer wins so we can keep playing warzone for many years to come.

This is all very sad. Fizzer and the real Warzone gets my support. Bad form from Activision.

I've tried spreading the news of this on the non-Warzone related servers that I'm in. I'd urge other people here to do the same, providing the owner of the server is fine with it.

Get ready for some waves of players people. Losta articles like pc gamer and screenrant getting views

That's what big companies around world are always doing..Instead of improving their products,they are trying to eliminate the antagonists,most of the times by suing them.Activision here,having made some amazing games in the past,they run out of good ideas after DOOM3(2004).
The actual question is: Can one single man "defeat" a wealthy-for any bloody reason- economically company like Activision in the court,no matter if he is right..?Can any of us beat a wealthier prick in court,while "money talks"....?Justice for all,bah.....

@Fizzer:If there's no other way,grab much patience,more money,a really good lawyer that won't step back till he listen the word "negotiation" -the least-,stay calm and BEAT THEIR ASSES!
In case things goes bad,i'd say rechange Warzone to Warlight or another name,so your "child" remain alive and maybe go even stronger.
If i'm right,i'm right,if i'm wrong,I'm wrong so don't pay more attention to everything i just wrote.It's just an opinion with the things I know and that's all.

Ooooof stuff like this tickles me the wrong way, you have my support

The reddit discussion pointed out some peculiar things. The most peculiar one being that Activision is saying you sent them at least one 'cease and desist' letter. You say you never sent it. Why would a 70-billion dollar company fabricate something like this? In their filed case, they specifically mention Fizzer sending a cease and desist, while also threatening to sue them. If this goes to court, they'll have to prove that. And keep in mind that fabricating evidence is a felony and will get their lawyers disbarred if they fabricated anything. There's nothing there to gain for them. If you or your lawyers actually did send a cease and desist, a threat to sue, or anything alike, I'd suggest removing this thread, the reddit post, the blog post and everything you ever put out on the internet regarding this lawsuit.

Second of all, why make the Reddit post. You have lawyers, right? They did tell you not to make this a public stunt, right? Given that you're actually going to court and try to win this case. If you want to win the case and they didn't tell you to keep it quiet, fire them. Please.

I really do hope you didn't send them any threats or cease and desist letters. The way all the news articles and Activision itself are painting the picture now is that you just kicked the hornet's nest by trying to make a quick cash-grab on a trademark while not expecting them to sue you over it. I really hope that's not the case!

Anyways, I'll support you until the contrary is proven. Whatever people say, you've been a great dev over the years. And I hope that can continue. We'll see if Activision has actual letters or e-mails to show. Until then, the best of luck!

Edit: Aaaaaand we can also just change the name back to Warlight :)

Edited 4/13/2021 20:16:03

>Sends Activision C&D letter
>Surprised when Activision takes action
>Please dono to my GoFundMe