Randy Ficker, lo independent developer of Warzone, a game for iOS and Android, has decided to take Activision to court. The famous publisher, in fact, is accused of having them stolen the name and having used it in Call of Duty: Warzone.
Ficker in 2017 released a fairly successful game called Warzone on the App Store and Google Play Store, capable of reaching 750,000 downloads. When in 2020 he discovered that Activision had registered the “Call of Duty: Warzone” and “Warzone” trademarks, Ficker began researching what he could do.
Because it is true that he had never officially registered the name, but in the US one does not simply get the rights to a trademark registering it first. What makes the case complex, in fact, is that Ficker was rightfully using the Warzone name for a video game before Activision, and therefore may actually have rights to it.
For this reason, the independent developer asked for 0.25% of all Call of Duty Warzone profits. An inadmissible request for Activision, which offered $ 10,000. a figure “not even enough to cover the costs of lawyers and web domain,” according to Ficker. Which he would like at least $ 60mila to cover the expenses incurred up to this point.
The two sides are, therefore, still understanding how to proceed and whether they will be able to find an agreement. This process also could do lawThere is also a precedent at stake in how large corporations can obtain trademark rights, even if the name is already in use elsewhere.