In a strange turn of events, a California court has ordered a Brooks Entertainment, Inc. lawyer to pay Activision’s legal fees due to a lack of game time.
This comes after a lawsuit against Activision by Brooks Entertainment over the alleged violation of the trademark of “Shon Brooks”, with the choice to make Sean Brooks the main character of the shooter franchise.
However, it was soon discovered that the lawyer had not played a single game of the franchise before filing the lawsuit.
The claim was filed last November and claimed that the games Stock Picker and Save on Back are similar to Call of Duty as both Shon Brooks and Sean Brooks engage in similar activities such as catching thieves, going to mars, and using firearms and advanced weaponry. Both games have scripted encounters in a high fashion couture shopping centre mall.
In response, Activision’s council quickly pointed out the flaws in this comparison, as noted in the below excerpt from the filing made by the lawyer on 2 March.
“I played the entire single-player campaign of Call of Duty: Infinite Warfare [and] it was immediately apparent to me that many (if not virtually all) of the factual allegations in the Complaint were not accurate.” The excerpt read.
“It also was immediately apparent that Plaintiff’s counsel could not have played Infinite Warfare (or any Call of Duty game, for that matter) and filed the Complaint in good faith.”
The judge’s ruling agreed with this assessment as it found the allegations baseless and dismissed the lawsuit with prejudice.
Had Brooks Entertainment played any reasonable amount of time in the franchise, this lawsuit would have never happened in the first place.
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