Delta Force dev sues Activision over trademark infringement

Modern Warfare 3's elite unit to blame.

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NovaLogic's Delta Force, and Activision's Delta Force logo.

Delta Force developer NovaLogic is suing Activision for alleged trademark infringement due to the repeated use of the name "Delta Force" in Call of Duty: Modern Warfare 3.

NovaLogic has owned the right to the term since 1998 and has created nine games in the Delta Force first-person shooter series. A tenth is currently in production, Polygon reports.

Cease-and-desist letters were twice sent to Activision last year, but both were ignored, NovaLogic claimed.

"Despite Activision's irrefutable knowledge of NovaLogic's superior trademark rights Activision created knockoff marks that are nearly identical [to] NovaLogic's design and word marks," the complaint reads. "Activision then shamelessly inserted these infringing marks throughout its competing first person military adventure video games."

Call of Duty: Modern Warfare 3 follows the exploits of Delta Team, whose fictional logo even bears resemblance to NovaLogic's own.

But NovaLogic and Activision's Delta Force are both fictional creations based on a real-life elite team: the 1st Special Forces Operational Detachment-Delta. It is commonly referred to as Delta Force and the real unit's logo is similar to both game's versions.

NovaLogic is seeking unspecified damages and an injunction against further trademark infringement.

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Tom Phillips

Tom Phillips

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