A lawsuit against Activision Blizzard was dismissed last month because, according to a judge in the Southern California District Court where the lawsuit was filed, the plaintiffs didn’t play enough call of duty: infinity war file an informed case against the defamed publisher. For once in Activision Blizzard’s many contentious legal battles, things went off without a hitch.
According to a report from the law firm Wilson Sonsini Goodrich & Rosati, Activision Blizzard was sued in November 2021 by Brooks Entertainment, Inc., a California-based company that specializes in film and television production and other forms of entertainment. Nevertheless, Kotaku could not find an official website for the company. Brooks Entertainment and its CEO, Shon Brooks, who describes himself as an inventor, claim to own the trademarks for financial mobile games. save a bank Y Action picker. it should be noted that Kotaku he was also unable to verify the existence of these games. No matteraAll three of these entities, along with Activision Blizzard and 2016 infinity warThey were at the center of the demand.
In November 2021, Brooks Entertainment alleged that Activision ripped off the intellectual property of both save a bank Y stock pickeras well as the identity of its owner, in infinity war. To be more specific, the complaint claimed that the “main character” of the 2016 first-person shooter, Sean Brooks, was based on the company’s CEO and that all three games had “scripted battle scenes that take place.” in a haute couture mall. crazy.” There were other similarities as well, but these claims were the crux of the complaint.
But if you’ve only played an hour or so infinity warYou would know that this is all wrong. For one thing, the main character is not Corporal Sean Brooks, but his squadmate, Major Nick Reyes, a Space Marine who becomes the captain of the game’s main militia. Also, while there is a scripted battle scene in a shopping mall, it takes place in the distant future of Geneva, one of the many locations in the game, and Sean Brooks is not in it. You play as Kings all the time.
In January 2022, Activision’s attorney wrote to Brooks Entertainment’s attorney that the complaint “contains[ed] misrepresentations and gross errors of fact, and that the assertions set forth therein are frivolous in law and in fact.” If the company didn’t drop the lawsuit, Activision would file Rule 11 penalties, penalties that require the plaintiff to pay a fine for making dubious or inappropriate arguments without substantial or, for that matter, accurate evidentiary support. And that’s exactly what happened in March 2022, when Activision filed its sanctions motions against Brooks Entertainment, saying the plaintiffs didn’t play. infinity war and provided inaccurate files.
The Southern California District Court granted Activision’s motions on July 12, dismissed Brook Entertainment’s lawsuit with prejudice (meaning the claim cannot be refiled in that court), and ordered the plaintiff’s attorney to compensate the troubled publisher for the money and time he wasted. In its conclusion, the court said that the plaintiff did not conduct a thorough and reasonable investigation into the relevant facts of the game before filing the lawsuit.
“Call of Duty: Infinite Warfare is a first-person shooter, not first-person and third-person as alleged, and Sean Brooks does not perform a scripted battle scene in a high-fashion mall,” the court said in its ruling in favor of Activision “The plaintiff’s attorney could easily have verified these facts before filing the Lawsuit without factual basis, just as the Court easily verified them within the first hour and a half of play.”
Kotaku has contacted Activision Blizzard for comment.
Richard Hoeg, a lawyer who specializes in digital and video game law, said Kotaku that unprotected concepts, such as the names of people used in fictional entertainment, are quite difficult to copyright and claim infringement.
“It’s hard to say why the lawsuit was filed,” Hoeg said. “Certainly, if a lawsuit gets kicked out *with penalties*, it wasn’t very good in the first place. It could just be arrogance or it could have been a lawyer encouraging a lawsuit against a well-resourced party. The suit itself says [Brooks Entertainment] released a game to Activision between 2010 [and] 2015. All that said, the infringement suit is horrific, alleging infringement of concepts as unprotectable as: ‘Shon Brooks sails through exotic, action-packed locales and Sean Brooks sails through exotic, action-packed locales.'” .
Hoeg went on to say that it is difficult to get “real penalties imposed on you” because that would be a level of misfiling well above simple dismissal.
“The court basically finds the entire argument to be insane,” Hoeg concluded. “Brooks Entertainment even listed Rockstar Games for no reason (which didn’t help their case with the judge). So the sanctions here are Brooks Entertainment [has] to pay Activision’s legal fees and costs.”
While things may have ended well for Activision this time around, the disgraced publisher is still causing legal headaches. The company has just been criticized for Devil developers to bust unions. Again. Yuck.