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October 21, 2003

Caterpillar denied Disney movie delay

PEORIA, Ill. (AP) -- A federal judge refused to block Tuesday's U.S. release of a Walt Disney Co. comedy that Caterpillar Inc. contends will hurt its image and sales of children's products.

Chief U.S. District Judge Joe B. McDade in Peoria on Monday denied Caterpillar's request for a temporary restraining order to halt sales of Disney's "George of the Jungle 2," a direct-to-DVD sequel to a theatrical release that earned more than $100 million.

The Peoria-based manufacturer filed a trademark infringement lawsuit last week, alleging that the company's reputation will be tarnished because its well-known yellow earth-moving equipment is linked to the film's villains.

Caterpillar faces an uphill battle for a recall based on evidence presented so far, McDade wrote in a ruling denying the temporary restraining order. The judge said there is no sign Disney sought to "somehow poach or free ride" on Caterpillar's trademarks to drive up sales of the movie, one of the standards for trademark infringement.




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