Looks like Christmas just came early for this blog cause this story has Pirated Thoughts written all over it. Call of Duty makers, Activision, have opposed the CALL OF BOOTY trademark filed by someone known as the 420Goddess. (Insert eye roll.)
Not much is known about the elusive 420Goddess but a lot can be gleamed from Trademark filings. The 420Goddess owns the the420goddess.com website, appropriately, and promises to offer, in the future, “A WIDE VARIETY OF CANNABIS RELATED T-SHIRTS, HATS, HANDBAGS AND MORE.” Yes, all in caps. The 420Goddess is the alias of one, Julie L. Sawicki of Falls City, Oregon. The 420Goddess should have filed a trademark for her own name because there are several people online using the name but they do not appear to be Ms. Sawicki. So the 420Goddess will just remain a mystery.
Speaking of a mystery, Sawicki’s use of the mark remains such. This is an intent to use mark so the only thing known about the CALL OF BOOTY mark is that Sawicki intends to use it on t-shirts and related clothing products for women.
Activision, the publisher of the popular Call of Duty game, is not intimidated by the 420Goddess and, last week, opposed the trademark. Activision owns nine registered trademarks for CALL OF DUTY and claims that the CALL OF BOOTY mark is so close to the CALL OF DUTY mark and consumers are bound to be confused and think the two are associated when they are not.
Yes, CALL OF BOOTY is a play on words and an obvious joke or parody but parody does not justify the registration of a trademark. Fair use and parody are merely defenses to claims of trademark infringement. After some deep and smokey soul searching, I can’t imagine that Sawicki will actually fight to have this mark registered. If so, I predict a kill shot is coming for this trademark from Activision.