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

@Fizzer If you never sent a cease and desist letter, what would make them say 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."

To clarify about my earlier comment, there's a typo, I missed out the word Discord from Discord servers.

Amogus Funny sus

+1 Farah.

Delete the reddit post, otherwise this will harm your case more than help.

Good luck!

What's not clear to me is whether the Activision trademark is simply for the name 'Warzone' or for the whole design - Warzone as a specific logo. Because in paragraph 21 of their statement they make the case that Warzone is a common name for many games (and indeed I remember Warzone 2100, a strategy game from back in 1999) and thus this Warzone can't claim to own it; so why would they claim they do unless the trademark is for something more specific?

If they do want a copyright on the word Warzone in general, then they just shot themselves in the foot with that paragraph. But if not, then as much as it pains me to say it they might legally be in the right.

Edited 4/13/2021 22:06:14

Funny side note ... I'm watching this thread and just deleted 4 pages of Notifications for this thread.

This is going to be an unpopular opinion, but it has to be said. I'm not comfortable with the difference between Fizzer's story and everyone else's. That being said, if somehow ALL the media outlets are reporting false information, I'd be happy to change my mind. However, IF the news is accurate, there are several things Fizzer has said that are not true. I don't want to read into your motivations for saying them, because it might be a misunderstanding, but here goes.

From this thread:

Warzone is under attack!
Activision is suing Warzone for the name

This... is not accurate. Activision's legal action, as stated by all the sources, is to obtain an exemption from their game. They want to call their game Warzone despite this one being called Warzone. There IS a legal case here, to be sure; whether or not they should have to pay Fizzer damages, like he wants, is up to the courts. But Warzone is not "under attack." Worst case scenario, things stay exactly the same as they are now. Activision is not suing to stop Warzone from being Warzone, they're suing so that there can be two.

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

This is a "he-said, she-said" in terms of whether this is true, but again, every media outlet reporting on it says a C&D was sent. A few posts above this one, Farah does a great analysis of this particular topic, but in short it's this: why would Activision just fabricate this? On the other hand, why would Fizzer deny writing one? Another weird misalignment between Fizzer's story, and the media's.

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.

This is, again, not what they're suing for, according to media outlets. Since their argument, as someone else pointed out, hinges on the idea that the two can't be mistaken for one another (questionable), and that "warzone" is just a common word that can't be trademarked, they're very clearly arguing for their ABILITY to use it. Not that you/we SHOULDN'T be able to use it. Their arguments go against the type of scheme Fizzer describes here.

From the GoFundMe:

Hello, my name is Randy, and I’m being sued by Activision for being an indie game developer.

This is not a good idea. By obscuring the actual substance of these legal proceedings, you're covering up the facts to let emotion drive people's response to this. Obviously they're not suing you for simply "being an indie game developer." I believe this is a problem because you are getting people riled up with these threatening strawmen, and then asking for money. This is patently false, whichever version of the narrative is the factual one, and when you're soliciting money I believe it should be rephrased to be accurate.

Activision launched “Call of Duty: Warzone” and is now suing me to steal the name

"Stealing" the name is, again, not accurate. They want to use it, to be sure. But they're not trying to take it away from you, based on all available sources. They simply want to be able to use it in addition to you.

Now, all of this being said, I think there is a case here. Fizzer, you explain on your GoFundMe page that their use of the name has caused damages to your business, and it's your right to seek monetary compensation as you're doing. It also seems like Activision IS being, on some level, the shady corporation you're making them out to be (thinking specifically about them trying to get you to pay their legal fees seems like a step too far). But the thought that there are two narratives here, that we're receiving information that is not true, that the lawsuit might be being twisted into something it's not in order to gin up outrage and indignation on our part, that those emotions are being channeled to raise $10,000 and counting - that makes me deeply uncomfortable. So keep the GoFundMe up, keep fighting this legal battle. But please, PLEASE, if the information coming from every media outlet is true, PLEASE just be honest with us.

Edited 4/13/2021 21:34:01

Well said

@Fizzer please reply to scorchies post, it is wonderful