A lawsuit was dismissed after it was found that the plaintiff’s attorney did not play enough Call of Duty: Infinity War To support claims made about the game.
In November 2021, the plaintiff (the person/organization that brought the case to court) filed suit with Brooks Entertainment Activision Blizzard – maker Call of duty Franchise — in United States District Court for the Southern District of California, for alleged identity theft of Brooks Entertainment founder, Shon Brooks, in 2016 infinite war (Across Wilson Soncini Goodrich and Rosati And the my box).
document from court listener He says that Brooks Entertainment owns the Shon Brooks brand itself, and that the company makes graphics and content for video games that “aimed at empowering young people” — like games stock picker And the Save one bank.
Brooks Entertainment then said it was working with Activision Blizzard and rock games To create a game between 2010 and 2015. infinite war It was released in 2016, with Brooks claiming that Activision Blizzard used “Sean Brooks as a main character in”Call of dutyAnd that ‘this character uses a likeness, a character, and a noun [Brooks Entertainment] Owner Shawn Brooks and more infringements on [the] Shaun Brooks’ trademark.
Among the copyrighted material allegedly stolen by Activision Blizzard, Brooks Entertainment has listed the following:
- Sean (Sean) Brooks has missiles in [his] Removal
- Save one bank It is played uniquely in First Person Shooter, Third Person Shooter and Call of duty Copy the same format and played in First Person Shooter and Third Person Shooter
- Both games are played outside
- The main characters of the games bring the thieves to justice
the ones that played infinite war He’ll know that Sean Brooks isn’t the protagonist of that game, but rather Nick Reyes, and that the game didn’t actually copy the third-person shooter format, because the game is a first-person exclusive.
Then, in January of this year, an Activision Blizzard counsel (a person who provides legal advice) told Brooks Entertainment’s attorney that the complaint “contains[ed] serious factual misrepresentations and errors, and that the allegations therein are factually and legally trivial,” he said, adding that it would file for Rule 11 sanctions – requiring Brooks to pay a fine for making baseless arguments.
Activision Blizzard also called the allegations bogus, with the court also recording one of the publisher’s arguments: “Sean Brooks” is a common name and Activision’s character is “Sean” not “Shon” like [the] claimant. Sean of Activision is an “Irish armored astronaut,” while plaintiff Sean is a “San Diego-based African-American financial advisor and cigar seller.”
The court then said in its ruling that Brooks Entertainment’s attorney “could have easily verified these facts before filing the unfounded complaint, just as the court easily verified them within the first hour and a half of playing the game.”
It was reported on July 12 that Brooks Entertainment could not refil the lawsuit in the same court, which also ordered the company to pay Activision Blizzard for lost time and money.
“The court basically finds the whole argument crazy,” said Richard Hogg, a lawyer who was in contact with him. my box. Brooks Entertainment even included Rockstar games for no reason (which didn’t help their case with the judge). So, the penalties here are Brooks Entertainment. [has] to pay Activision fees and legal costs.”
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