Caterpillar, Disney Settle Lawsuit Over Trademarks

Associated Press ^ | Mar 11, 2004 | Jan Dennis

[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.

[Clinging Bitterly]

I remember the visible logo of the Cat equipment in the movie. Working at this area's dealership for Cat's main competitor, I thought it was a sort of misguided product placement. Guess it wasn't.

But it is a recurring theme in Disney productions, eevil men in bulldozers knocking down trees. I've been working with folks who chop down trees and make things out of them forever, and most of us don't think their characterization of what we do is really funny.