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THQ sues Activision Blizzard over Baja box art, totally worth a lawsuit photo

Recently, THQ dropped a lawsuit on Activision Blizzard over the box art for the upcoming and sure to be a smash hit title, SCORE International Baja 1000. THQ is contending that Activision Blizzard used artwork that was “virtually identical” to their own title, Baja: Edge of Control.

As one can plainly see, the dirt, dust, car, off-road action truck, and gravel are all similarly placed. Activision Blizzard has yet to publicly respond to the allegations, but one would imagine that they would begin by mentioning that the red car obviously has a grill, and the blue truck looks way cooler in their very original box art.

Honestly, is there any other way to portray an off-road racer? I suppose the box art could just consist of two bored looking teenagers questioning their on-the-spot GameStop purchase, but that doesn’t necessarily indicate dirt or large cars. Perhaps Activision Blizzard could send a letter of apology along with a few World of Warcraft lifetime memberships to THQ’s legal department. That could clear this mess up quickly.

[via Gamasutra]








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29 comments | showing # 1 to 29
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MYL0R's Avatar - Comment posted on 10/27/2008 11:46
MYL0R
I don't blame THQ. They need to make some of their money back, because NO ONE will be buying either of these games.
Clance's Avatar - Comment posted on 10/27/2008 11:56
Clance
I'm with THQ on this. That box art is TOO similar.

Even the slant of the wording and the row of lights on top of the front car.

There's even a bloke on a motorbike in the background if you look closely (to the left).
xollner's Avatar - Comment posted on 10/27/2008 11:59
xollner
What's the problem here? It's definitely similar but not actually a direct copy.
taterchimp's Avatar - Comment posted on 10/27/2008 12:00
taterchimp
Yeah well the only legal problem with that argument is that they would have to be trying to rip off the product to make people like theirs more. I dont remember Baja being GOTY here, so I dont think any harm is done. I also agree with "its a car racing in a desert" argument on this one. There aren't too many ways to do it. Did someone say Okami style cover slip?
Clance's Avatar - Comment posted on 10/27/2008 12:00
Clance
Let's just say my Mum would be confused.
DonHonk's Avatar - Comment posted on 10/27/2008 12:02
DonHonk
It's similar enough to confuse a parent and they might accidentally buy the wrong one. I'm agree with THQ.
nicojay's Avatar - Comment posted on 10/27/2008 12:05
nicojay
@ Clance
Your mum likes some dirty off-road action then? ;)
moshakirby's Avatar - Comment posted on 10/27/2008 12:05
moshakirby
I'm on THQ's side also, they're pretty damn similar.
Motorbike, catcus, everything, in pretty much exact same places.
BS3 Owner's Avatar - Comment posted on 10/27/2008 12:14
BS3 Owner
THQ gets some money for that game afterall.
falinter's Avatar - Comment posted on 10/27/2008 12:15
falinter
I wonder how much game sales would suffer if box art used ACTUAL in-game screen shots and images.
smith186's Avatar - Comment posted on 10/27/2008 12:22
smith186
@DonHonk
A bigger tragedy would be a parent accidentally buying either of them.
Maurice Tan's Avatar - Comment posted on 10/27/2008 12:30
Maurice Tan
Ohhhhh, these were two different games?
F Whipple's Avatar - Comment posted on 10/27/2008 12:39
F Whipple
They're just mad that someone took their cover and made loads more kick-ass. It's got a skull in it
SephirothX's Avatar - Comment posted on 10/27/2008 12:40
SephirothX
@ solidgoomba

THERE WERE FOUR LIGHTS!

(If you get this reference. You will laugh)
Knigge's Avatar - Comment posted on 10/27/2008 12:59
Knigge
It's a compositional swipe, but as an artist, I know they won't win shit in a courtroom, as no particular asset is blatantly copied. They may get a little something outside though to keep their mouths shut.
mispelt's Avatar - Comment posted on 10/27/2008 13:14
mispelt
@ SephirothX

Hah! nice.
Sharpless's Avatar - Comment posted on 10/27/2008 13:27
Sharpless
I'm happy just to see ActiBlizzard get sued. The covers are considerably similar, though.
Swizzler121's Avatar - Comment posted on 10/27/2008 13:33
Swizzler121
ummmm.... somebody is gonna get fi-red!
Clance's Avatar - Comment posted on 10/27/2008 13:41
Clance
@Nicojay,

OUCH!!
mix's Avatar - Comment posted on 10/27/2008 13:44
mix
Do I detect sarcasm?

".....sure to be a smash hit title....."

Waaaaaaaaaaaaa!

They do looks very similar though.
AgentMOO's Avatar - Comment posted on 10/27/2008 14:00
AgentMOO
anyone posting facepalm.jpg or vadernooo.jpg is getting their ass sued by me - I thought of it first!
Blackhat's Avatar - Comment posted on 10/27/2008 15:22
Blackhat
While similar, good luck in court.

"As the court can see, the red cars are in the same place -- front/side view, moving quickly, to portray 'heart-pounding action.'"
Jetsetlemming's Avatar - Comment posted on 10/27/2008 15:31
Jetsetlemming
The covers and titles are close enough to confuse joe everyman with his shitty, ill advised game purchase. That's enough of an arguable point- it'll fall down to who has the better lawyers (I'd guess Activision).
whatisdelicious's Avatar - Comment posted on 10/27/2008 16:26
whatisdelicious
I don't see why Brad Nicholson is making it seem like this is a frivolous lawsuit. They pretty much ARE identical. Yeah, there aren't TOO many exciting ways to portray an off-road, but this is absolutely infringement.
Poopface Morty's Avatar - Comment posted on 10/27/2008 21:06
Poopface Morty
I can see more than just a "slight" resemblence in these two pieces. You cannot deny the overall composition is practically identical, what with the flow of the logo/mid-air vehicle/foreground vehicle being the obvious culprits (not just on their own, but in relation to each other as well).
Fronz's Avatar - Comment posted on 10/27/2008 23:29
Fronz
You guys, the red vehicle on the left has six roof lights, the red vehicle on the right only has five. it's not even close to similar, quit reaching.

:)
el_chack's Avatar - Comment posted on 10/28/2008 19:54
el_chack
The problem is that Off-road games offer so few options for a box art.

I miss 90's Monster Truck Madness box art...
TrailerParkJesus's Avatar - Comment posted on 10/28/2008 22:17
TrailerParkJesus
I hope the lawsuit is nothing more than a "change the cover art" rather than for huge sums of money because that would be pretty dumb.
Holyetheline's Avatar - Comment posted on 10/29/2008 12:49
Holyetheline
This game is hardly worth a lawsuit anyway.
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