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Out-Law News 1 min. read

George of the Jungle defeats Caterpillar


Caterpillar Inc. has lost its attempt to block the release of Disney movie George of the Jungle 2 after an Illinois judge threw out the dozer-giant's argument that the movie's portrayal of its equipment would damage its trade mark.

Those enduring the straight-to-video sequel will consequently see villains driving the bright yellow Cats into battle against the eponymous hero, in their dastardly attempt to destroy the jungle.

Caterpillar wanted a ban. It said its trade marks were visible on the vehicles in one scene and, in another, the machines were described as "maniacal". Ultimately, George destroys them with projectile coconuts and combustible ape flatulence.

Caterpillar said the movie would tarnish its reputation by association. It pointed out that it is committed to the environment.

A Disney spokesman expressed the company's "great respect for Caterpillar", adding that it expects the audience will view the sequences in dispute "for their comedic value and not take them seriously."

Disney won because the court was not convinced that its use of the trade mark would cause dilution since it was the drivers, not the machines themselves, that were responsible for the damage.

The court also rejected an argument of unfair competition, noting that Disney was not trying to exploit the goodwill of Caterpillar's trade marks. It compared the case to another in which the Dallas Cowboys Cheerleaders Inc, owner of the American football team's trade marks, successfully blocked Pussycat Cinema's release of 'Debbie Does Dallas,' where the movie was trying to capitalise on the trade mark to drive sales.

The original George of the Jungle, which took over $100 million at the box office, caused its own blip of controversy on a site that reviews movies from a Christian perspective.

The Christian Analysis of American Culture web site berated the PG-rated film's scenes of "multiple crotch hits", "suggestive eye movements", and "belittlement of paternal position and authority". However, it also praised the 1997 release for being "refreshingly free of any noted occurrences of murder or suicide."

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