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

ORDER GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT

RICHARD SEEBORG, United States District Judge

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…