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."
