In a suit filed in the Central District of California, THQ claims to have unveiled the game box art for Baja Edge of Control in June 2008 and has since spent over $1 million in marketing, advertising and promoting the title, which was released for the Xbox 360 and PlayStation 3 on September 22, 2008. Activision's competing game, SCORE International Baja 1000, is set for release today, October 28.
THQ says it contacted Activision in early October about the issue, and has since "written and spoken with Activision on several occasions in an attempt to convince Activision to stop production of its packaging art voluntarily, so as to avoid consumer confusion that could damage both parties, and has urged Activision to prepare alternative packaging art that can be pasted or otherwise affixed to Activision's exiting and infringing packaging artwork." However, the suit says, "Activision has refused to make any change to its packaging art for the Activision Game."
"If Activision releases the Activision Game to consumers with the packaging art depicted in Exhibit 1, THQ will suffer harm for which it has no adequate remedy at law, and which is irreparable if Activision is not enjoined from its impending release of the Activision Game," the suit says. "Activision's release of the Activision Game to consumers should, therefore, be enjoined." THQ is seeking either an injunction against Activision's use of the current game box art, or monetary damages.
The box covers in question can be seen at the top of this post, and there's no doubt they look mighty similar. On the other hand, this kind of bashin', crashin', hard-drivin' motif is fairly common in this particularly genre of game. What do you think? Sneaky rip-off or unlucky coincidence?