California studio Novalogic is suing Activision over its use of the Delta Force trademark in its blockbuster title Call of Duty: Modern Warfare 3.
As reported by Courthouse News, the developer claims to have full ownership over the fictional Delta Force name as well as the logo, which it registered in 1998 for its shoot ‘em up franchise based on the same name.
The studio believes that Activision incorporated the army division in its own title, and also used a similar logo when doing so.
The lawsuit also claims that Activision has licensed the infringing “knock-off” logos and name to Turtle Beach, BradyGames and Microsoft without Novalogic’s permission.
The developer states that Activision had ignored cease-and-desist letters sent in May and December, forcing it to take legal action.
"As a result of defendants’ wrongful conduct, NovaLogic has lost millions of dollars, possibly more," reads the complaint.
"If defendants’ infringing practices are not discontinued quickly, it is likely that the damage to NovaLogic will grow exponentially, causing more confusion in the market place, and to the reputation for quality that NovaLogic has worked so hard to establish."
The latest lawsuit against Activision follows a ruling this week forcing the publishing giant to pay out $42m to 38 Modern Warfare 2 devs over unpaid royalties.