Activision has a First Amendment right to use Humvees in Call of Duty

Enlarge / Depicting a Humvee like this in Call of Duty is allowed by the First Amendment, a federal judge has ruled.

A federal judge ruled this week that Activision has a first amendment right to include Humvees in its Call of Duty titles, despite vehicle manufacturer AM General's claims of trademark infringement and false advertising for the in-game use of the military vehicles.

The ruling stems from a lawsuit first filed by AMG in 2017, which suggested that Call of Duty players were being "deceived into believing that AM General licenses the games or is somehow connected with or involved in the creation of the games." That's not a completely ridiculous idea, since Activision and other major game manufacturers generally arranged licenses for their in-game guns until 2013.

In his ruling this week, though, District Judge George B. Daniels dismissed AM General's claim. That decision hinged in part on a 1989 precedent that established that artistic works could make reference to outside trademarks as long as the usage was relevant to the work and did not "explicitly mislead as to the source of the content or work."

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