October 20, 2003

Nuts Even To Ask

So it seems that Caterpillar not only sued Disney but had the chutzpah to go for a TRO -- "temporary restraining order" -- trying to block release of "George of the Jungle II." The federal court today showed some sanity and denied the motion, saying that there is no sign Disney sought to "somehow poach or free ride" on Caterpillar's trademarks to drive up sales of the movie. "It is incredible for this Court to imagine a consumer’s decision to purchase Caterpillar’s primary product line of heavy machinery and equipment, costing substantial sums of money, being affected after watching this film," wrote Judge Joe Billy McDade.

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Can you believe this crap? A children's comedy becomes the basis for a trademark infringement lawsuit when a manufacturer does not like the light in which its product is cast. Even Hormel never sued Monty Python for their "spam" skit. At least the judge has a sense of humor, though, describing George in his opinion as "a noble man of nature" who "possesses an unusually thick and durable cranium" and whose "speeches are admirable for their laconic directness and economy of words."

 Posted by glenn

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