Activision settles copyright and trademark dispute with Gameloft over music game for mobile phones

Client(s) Activision Publishing, Inc.

Jones Day represented plaintiff Activision Publishing, Inc. in a suit against Gameloft S.A. and Gameloft, Inc., which began selling a music game for mobile phones that Activision alleged was an infringement of its copyrights in the audiovisual materials and packaging for its famous Guitar Hero® video games. Activision further alleged that the name of and certain screen shots for Gameloft's mobile phone game infringed Activision's trademark and trade dress rights in the Guitar Hero® games. As alleged in the complaint, Gameloft's misconduct constituted violations of the Copyright Act, Lanham Act, and California statutory and common law. Following Activision's filing of a motion for preliminary injunction, the parties reached a confidential settlement of the matter.

Activision Publishing, Inc. v. Gameloft S.A. and Gameloft, Inc., Case No. CV-07-06749 R (VBKx)