Posted on 03/11/2004 7:57:19 PM PST by BenLurkin
PEORIA, Ill. (AP) - Caterpillar and the Walt Disney Co. settled a trademark infringement lawsuit Thursday that claimed a direct-to-DVD comedy released last year taints the heavy equipment maker's image. Terms of the settlement were not revealed in a brief order approved by a federal judge.
Caterpillar and Disney, which have been partners in other business projects, issued statements saying the deal was "amicable." Spokesmen for both companies declined further comment.
The Peoria, Ill.-based manufacturer sued last fall, alleging that the live-animated sequel "George of the Jungle 2" tarnished Caterpillar's reputation because its trademark yellow earth-moving equipment is linked to the film's villains.
Scenes that show an "evil attacking army" using Caterpillar bulldozers to attack George's jungle home leave a wrong impression about the company's environmental views, the lawsuit alleged. The lawsuit also maintained that the movie could cast Caterpillar in a bad light among young viewers, harming a children's product line that reported sales of $850 million in 2002.
Disney countered that the movie is an obvious comedy and that viewers won't confuse Caterpillar with the villains who battle George and his computer-animated animal friends.
The lawsuit sought to recall 2.2 million copies of the movie to edit out Caterpillar's name and logo. Disney estimated that a recall would cost $1.1 million and that the copies had a total retail value of $47 million.
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