Warzone Clash: When Does a Video Game Title Cross the Line Into Trademark Infringement?

By David Martinez and Navin Ramalingam

May 17, 2024

In the world of video games, titles play a crucial role in capturing initial interest and conveying the essence of the gaming experience. A set of recent decisions in a dispute between video game companies Activision and Warzone.com demonstrate the inter-section between video game titles, trademark rights, and the First Amendment, particularly in light of the Supreme Court's recent decision in Jack Daniel's Properties, Inc. v. VIP Products LLC, 599 U.S. 140 (2023). This clash between creative expression and commercial interests in trademark law highlights the delicate balance business owners should strike when naming their brands.

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David Martinez


Member of the Executive Board;
Member of the Firm's Diversity Committee;
Pro Bono Chair, Los Angeles Office

Navin Ramalingam


Pronouns: he/him

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