Booker T has been suing Activision Publishing, Activision Blizzard, and Major League Gaming Corp since 2019. He believes their character David “Prophet” Wilkes in Call Of Duty: Black Ops was based on his G.I. Bro gimmick. Booker T had used that character on Texas independents, WCW, and in a comic book and felt he deserved compensation. Activision had attempted to get the case filed dismissed, but a judge ruled it could proceed.
It’s now been confirmed that a jury has heard the case and found in the defendant’s favor, meaning Booker T lost. Activision lawyer’s defense stated that Booker T didn’t own the right to G.I. Bro as he’d contracted them to WWE. However, Booker T’s side disputed this, saying that it was only in regards to pro wrestling. Additionally, lawyers argued that Booker T had exaggerated the similarities between himself and the character.
Unrelated to this lawsuit, Activision was previously sued by AM General, the manufacturer of the Humvee, for trademark infringement, due to including the vehicle in Call of Duty video games. The case was dismissed because a judge ruled the vehicle’s use was integral to the game wanting to produce a historically accurate and realistic portrayal of warfare.
This wasn’t the first lawsuit involving a wrestler and video game. In July 2003, Maxx Payne (Man Mountain Rock in WWF) sued Rockstar Games, 3D Realms, Gathering of Developers, and Remedy Entertainment for taking his name for the video game Max Pain. He wanted $10 million but ended up settling out of court.
