Call Of Duty publisher over the design of one of its famous army FPS series’ characters can now move forward, denying Activision’s request to dismiss the case.
The lawsuit in question was filed last February, with Call Of Duty: Black Ops 4, which sparked Booker T’s lawsuit due to Prophet sharing several traits with the wrestler – including a set of long dreadlocks that Booker began sporting in his later years.
According to a statement that the U.S. District Court for the Eastern District of Texas released yesterday, Judge Robert Schroeder has ruled in favor of honoring a previous ruling by a magistrate judge last year, advancing the case of Booker T. Huffman v. Activision Publishing, Inc., Activision Blizzard, Inc., and Major League Gaming Corp. despite Activision requesting to dismiss or transfer the case. In his statements regarding the ruling, Schroeder noted the similarities in both Prophet and Booker T’s gimmick: “Because a side-by-side comparison of the works identified in Plaintiff’s complaint are sufficiently similar to plausibly allege striking similarity, Plaintiff has adequately pleaded copying.” There is no word yet on when the court case will continue, but Booker will be represented by attorneys Micah Dortch and Chris Lindstrom of the Potts Law Firm and Patrick Zummo with the Law Offices of Patrick Zummo.
Booker T is well known among wrestling fans for his classic mid-90's run in World Championship Wrestling, during which he won the coveted World Heavyweight Title belt no less than five times before transferring to the World Wrestling Federation (now known as WWE) during the company’s buyout of WCW in 2001. In addition to his in-ring career, he has also served as a broadcast commentator on current WWE programming, made appearances in shows like The Weakest Link and Charmed, and has even collaborated with comic book publisher Last Sentry Comics on a comic series based on his old G.I. Bro gimmick, the character which serves as the genesis of his lawsuit with Activision.
While Prophet’s similarity to Call Of Duty: Black Ops series going forward, but for now it seems that both the iconic Sports Entertainer and video game industry giant are getting ready for a conflict far less scripted than what they are used to.
Source: U.S. District Court for the Eastern District of Texas
