Q: Does "Nuke Town Skate Co." infringe Activision's "Nuketown" map rights?

A: A court would consider several factors when assessing whether your proposed use of "Nuke Town Skate Co." might infringe on Activision's NUKETOWN name. First would be whether NUKETOWN, as used by Activision, actually functions as a trade mark, i.e. an identifier of Activision as the source of a game or other good or service. Then whether NUKETOWN has been registered. Then whether NUKETOWN still is being used by Activision. There are about eleven other factors (in Connecticut New York Vermont, anyway).

A: There are multiple factors to consider. Using the name "Nuke Town Skate Co." could potentially run into trademark issues with Activision if they have "Nuketown" trademarked for merchandise like clothing, skateboards, or accessories. Even if your brand doesn’t reference the Call of Duty map, Activision could argue that consumers might mistakenly think your company is affiliated with them, which could lead to a trademark dispute. The biggest concern would be if they have an active trademark covering categories similar to yours.

To reduce risk, you should consult with an attorney to check the USPTO trademark database to see if "Nuketown" is registered for clothing or similar goods. If it is, you might need to choose a more distinct name to avoid legal trouble. If you're serious about the name, consulting a trademark attorney before launching would be a smart move. Let me know if you’d like help searching for existing trademarks!

A: Using the name "Nuke Town Skate Co." could potentially lead to trademark issues, especially if Activision has registered "Nuketown" as a protected trademark. Trademark infringement often revolves around customer confusion—whether consumers might mistakenly believe your brand is affiliated with Activision's well-known game map.

Even though your designs won't visually reference Activision's intellectual property, the similarity in name alone may be enough to prompt Activision to challenge your use legally. Trademark disputes depend heavily on market overlap and likelihood of confusion. If your brand gains significant popularity, Activision might argue your use dilutes or harms their established reputation.

Before proceeding, it's wise to thoroughly research Activision's trademark registrations and consult a trademark attorney. Doing so will provide clarity on the potential risks associated with the proposed name. A proactive approach can help prevent future legal complications and protect your investment.