Seems that someone at THQ — most likely someone in the legal department — thinks the box art for Activision's upcoming off-road racer SCORE International Baja 1000: The Official Game looks a teensy bit too much like the box art for Baja: Edge of Control. This may be due to that someone at THQ having properly functioning eyeballs. The two multi-platform racers are planned for release just a month apart — THQ's Baja effort shipped end of September — leading THQ to file suit.
It claims the offending box art for Activision's SCORE International Baja 1000: The Official Game is "likely to confuse, cause mistake or deceive the public as to the existence of an affiliation, connection, or association between THQ and Activision, when in fact there is none."
THQ also notes in the lawsuit that it has spent "in excess of $US1 million on advertising, marketing, and promotion for the THQ game" and that it publicly released the cover art for Baja: Edge of Control "more than four months ago."
The publisher says that it didn't blindside Activision with its lawsuit, having contacted Activision on October 8th about its "concerns" about the packaging. The lawsuit specifies that THQ has attempted multiple times to "convince Activision to stop production of its packaging art voluntarily" something that Activision has refused to do.
A copy of the suit can be read at Patent Arcade.
New Case: THQ v. Activision Blizzard [Patent Arcade]