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AM General LLC, the manufacturer of the popular Humvee military vehicle, initiated an accusation against the publishers of the video game Call of Duty in 2017, claiming that the game’s depiction of the vehicle violated trademark laws by imitating its design.
That is, “superintending the arrangements” of contentcreation, being the effective cause and having decision-making authority on the final output are the hallmarks of control, not absolute certainty as to what the output would yield. Rearden LLC v. Walt Disney Co. , 3d 963, 968 (N.D. 2018) (citing Design Data Corp. Unigate Enter. ,
’ In a movie, this definition, in the absence of a contract to the contrary, would generally limit authorship to someone at the top of the screen credits, sometimes the producer, sometimes the director, possibly the star or the screenwriter – someone who has artistic control.” ’” Rearden LLC v. Walt Disney Co. ,
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