Mil-Spec Monkey, Inc. v. Activision Blizzard, Inc.

ORDER GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT

I. INTRODUCTION

In this action arising from claims of copyright and trademark infringement, plaintiff Mil-Spec Monkey, Inc. (“MSM”) avers that the video game Call of Duty: Ghosts, created and published by defendant Activision Publishing, Inc. and Activision Blizzard, Inc. (collectively, “Activision”) 1 makes illicit use of MSM’s “angry monkey” trademark, among the most popular morale patch designs the company promotes and sells online and through third parties. Activision, which bears no relationship to MSM, includes in Ghosts an image visually similar to MSM’s “angry monkey” mark as a patch players may select to place on their avatars’ uniforms in its multi-player game mode. When selected by players, the Ghosts -“angry monkey” patch appears at various points during game play. It moreover appears in Activision’s pre-release promotional trailer for Ghosts’ multi-player edition.

MSM brings five claims against Activision, alleging (1) copyright infringement; (2) trademark infringement under the Lanham Act; (3) false designation of origin; (4) California statutory unfair competition; and (5) common law trademark infringement. The…