4.12 development update discussion and feedback

[Asheshouse]

Originally Posted by IceFire

At least...

-- and the latest one I know about was launched against EA for the inclusion of the AH-1Z Viper helicopter in Battlefield 3.

I think the case was actually a pre-emptive one by EA against the manufacturers to cease their trademark claims. I wouldn't be surprised if it was subject to an out of court settlement to prevent a precedent being created.

The lawsuit says that on Dec. 21, Textron lawyers demanded that EA cease its depiction of three Bell aircraft in Battlefield 3. Electronic Arts asserts that its depiction of the three aircraft are protected by the First Amendment and the doctrine of nominative fair use. The three helicopters in question are the AH-1Z Viper, an attack helicopter; the UH-1Y, a multipurpose/transport helicopter; and the V-22 Osprey, whose distinctive tilt-rotors allow for vertical and short takeoff and landing. EA's complaint said:
"The parties have been unable to resolve their dispute. EA therefore has a reasonable and strong apprehension that it will soon face a trademark and/or trade dress action from Textron.
The Bell-manufactured helicopters depicted in Battlefield 3 are just a few of countless creative visual, audio, plot and programming elements that make up EA's expressive work, a first-person military combat simulation."

But perhaps a precedent already exists?

EA recently won a similar lawsuit against Rutgers University regarding the the use of quarterback Ryan Hart's likeness in NCAA Football. The court ruled that EA's First Amendment rights trumped Hart's rights to control his own image.