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EA Invokes First Amendment Protection for Video Games in Trademark Dispute
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Posted by Donster on: 2012-01-09 16:47:14 122
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By Owen Good @ Kotaku
Electronic Arts is asking a federal judge to rule that it has a First Amendment right to depict real-life military helicopters in video games such as Battlefield 3 without the permission of the aircraft's maker.
The action, basically a pre-emptive lawsuit against Textron, the parent company of Bell Helicopter, comes after discussions between the two sides broke down, according to a copy of the suit obtained by Kotaku. The suit was filed Friday in federal court for the Northern District of California.
The lawsuit says that on Dec. 21, Textron lawyers demanded that EA cease its depiction of three Bell aircraft in Battlefield 3. "The parties have been unable to resolve their dispute," EA's complaint says. "EA therefore has a reasonable and strong apprehension that it will soon face a trademark and/or trade dress action from Textron."
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