12 Responses to “2005-2009 Activision Paid NovaLogic Royalties For Licensing (Upwards of 1 Million)”

  1. blk magic says:

    The fact that Nova was paid by Activision up until 2009 is irrelevant to the 2011 case. The contract ended in 2009 so why would Activision be forced to pay 30% of sales of a game that came out in 2011? Contracts don’t continue magically.

    Because it is a new case, Novalogic HAD to prove that they lost revenue due to the infringement of Nova’s DF name and logo. Please tell me none of you thought they would not only have a difficult time…but it would likely not even be possible to prove that Novalogic lost money. Novalogic’s last game was 2009, how on earth would they prove any lost revenue when there isn’t any product that they released at or close to 2011?

    Now that doesn’t mean Novalogic didn’t have a case. They should have gotten some money for the unauthorized name and logo usage and been on there way. But they shouldn’t have perused a ‘loss of revenue’ route

    (Reposted from Nova forum – as the mod’s will likely delete the thread)

    • I wouldn’t say irrelevant, the licensing deal, although a mobile one was for the very same logo and word mark Novalogic claimed Activision used in MW3.

      Activision actually continued to pay the mobile license deal even after the contract expired. 30% of sales was just a wishful figure, taking from the mobile agreement.

      You said: “The contract ended in 2009 so why would Activision be forced to pay 30% of sales of a game that came out in 2011? Contracts don’t continue magically.”

      Hence one of the reasons Novalogic took Activision to court. Obviously there wasn’t a contract licensing deal between the companies for MW3 yet they use copyrighted trademarks NovaLogic has and a logo that was very similar in nature.

      Sure it’s a loss of revenue, and that has nothing to do with any new game, or game releases from Novalogic. Novalogic and many companies make lots of income from licensing their brands and marks that they’ve worked years to establish and invested a lot of money in.

      It’s a loss of revenue because in my eyes and Novalogic’s, Activision used Delta Force/ and Logo without permission.

      The court ruling is really a joke. So what was the point in Novalogic and the goverment granting them full copyright/trademark for Delta Force and their logo if it doesn’t hold any weight and can be used by anyone, anytime. Freedom of speech? What happened to the laws and regulations?

      Novalogic invested thousands and thousands on their marks and brand and now, according to the court, it didn’t matter.

      Novalogic’s trademark is very specific for computer game/video game software but yet the judge brings up the Army’s Delta Logo and Delta Force name saying it’s been used well before Novalogic….. but yet the US trademark office granted Novalogic this permission for these marks and logo and took their money?

      Time to sue the US trademark and patent office and request a large refund. LMAO

      • blk magic says:

        That is dumb on Activision’s part to continue the license deal after the contract was up. They weren’t under any legal obligation to continue so them stopping was not a big deal. It wasn’t until MW3 where they used the name and logo.

        I don’t remember but where did Activision use the name and logo? It wasn’t on the box I know that so I’m going to assume within the game.

        Never did I think they were going to lose though. In my last paragraph I actually thought they would get something. Just not the multi-million dollar slam dunk case/settlement that everyone was hoping and thinking would happen.

        Does anyone know how much Nova was asking for? The judge probably didn’t end up liking Nova too much… Were they asking too much? Something happened but eh.. it is done.

        Hope they weren’t leaning on this case. I warned them not to – to continue business as usual but they were silent….wait, that is business as usual for them… =(

  2. sorceror12 says:

    more docs have been released, and one isn’t available publically. hopefully i can relay more information soon.

    http://certifiedmagicprofessionals.com/find-a-certified-magician/magicians-in-lansdale-pa/

  3. hrethgir says:

    could the strange name change for the new game from delta force to joint ops be a hint at a potential settlement deal offered before things moved on whereby the full usage rights would be offered for sale to activision rather than a simple license deal, if the license turns out to be worth multi millions per year then the license sale must be worth a considerable amount more

    • Ninjaman says:

      If Nova were to offer a “full useage rights” then effectively they are making a 1 time sale to Activision. This would mean that no matter how far Activision took their own game franchise, Nova would only be getting a one off sale fee.

      I assume Activision intend for the MW franchise to run and run, so the future use of the “Delta Force” logo could essentially be endless. I could see Nova getting a bit annoyed with this over time. If it were me, I would go for a licence deal – this way it covers any future sucesses that may come with MW and provides an income stream / cashflow to Nova over a period of time. Having a guarenteed downstream cashflow over a few years may be very helpful to Nova.

      Why the possible name change for the new game? TBH, I think the “Delta Force Angel Falls” name has been associated with a “non game” for so long it’s alreay carrying a whole lot of associated baggage with it related to this. If there is a new game, changing the title to a “Joint Ops” game may help losse some of the negatives that the “DFAF” name is currently stuck with.

      • hrethgir says:

        full usage is only a sale of future use for delta force, there has been no delta force release for years{dfx doesnt count coz its godawful)

        and mw can easilly be rebranded without delta force so it only affects the games currently on the market

        for a full usage sale in the region of a billion its gotta be tempting for any company as small as nova

        • Ninjaman says:

          A billion $ ! Thats probably the most optimistic valuation thats ever been put on the value of Novalogics’ interllectual property ever….. :-)

          Seriously, I doubt whether the (eventual?) sums involved in this court case will ever get beyond a $30 million licenceing settlement, assuming everything goes Nova’s way.

          It all boils down to what Nova, and by that I mean the controlling shareholders in Novalogic, see as the future direction for the company. If they get a big payout, do they want to continue as a “real” gaming company, using the money to refinance the business and get back into the production of FPS shooter games, or will it come down to them being a small operation along the lines of what we have today whose major income stream derives purely from monies coming in from a long term licences and interest on a big bank balance? If its the latter, then something like that could be run out of a lawyers office for as long as they control the “Delta Force” trademark.

          The current number of accounts registered on Novaworld is just over 150,000. I’d say thats a good potential starter base for sales. Admitedly, most of Novas’ long term fans rarely play any more, but there are an awful lot of non-active people waiting for Nova to produce the type of game that made them fans in the first place. By that I mean the sort of wide-open, infantry based gameplay that will bring back all those long gone active squads who are looking for a game where player skills count for more than the ability to camp in a tank. Vehicles are fine provided the game is balanced and the key selling point – small scale infantry combat in a competitive environment – is catered for.

          To do that will take money. Money to produce the game and, probably just as important, to rebuild the company infrastructure, marketing and support setup that will allow them to produce a sucessful game. Lets hope they go for this option if payday ever comes.

  4. hrethgir says:

    precedent is a bitch sometimes eh

    prepared to pay one year and then refuse the next, this has gotta be the most cut and dry case ever, why are they even bothering to fight. with financial backup from ea and a lawsuit this solid are activision really trying to bully novalogic? just seems dumb.

    • oldfox says:

      Like they say a Bully never learns,
      I’m bigger than you I can do what I want and there’s nothing you can do about it .

  5. oldfox says:

    Wow indeed this could be some pay out know wonder Nova’s so quiet .

  6. Ninjaman says:

    Wow – no wonder Novalogic thought they had a good case for trademark infringement with the current lawsuit. If Activsion paid royalties up to 2009 to be allowed to use the Delta Force logo, then most of their arguments they are using in their own defense about the current use of an almost identical “Delta Force” logo just collapse.

    Be good to see the whole documnt S12.

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