Battlefield 3 - Go to Court For Trademark Dispute with Helicopter Maker

[Suavemente1974]

According to kotaku, Electronic Arts is asking a federal judge to rule that it has a First Amendment right to depict real-life military helicopters in video games such as Battlefield 3 without the permission of the aircraft's maker. The action, basically a pre-emptive lawsuit against Textron, the parent company of Bell Helicopter, comes after discussions between the two sides broke down. The suit was filed Friday in federal court for the Northern District of California.

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."

Bell AH-1Z Viper:


Bell UH-1Y Venom:

Read more on: : i3D.net Game Forums /battlefield-series-news/183007-battlefield-3-go-court-trademark-dispute-helicopter-maker.html

Bell Boeing V-22 Osprey:

Source: kotaku.com