Box art too similar

Oct 28, 2008 05:22 GMT  ·  By

What happens when two big publishers have videogames which target the same demographic, depicting pretty much the same race and with similar visual means? Well, the two go to court. THQ, the publisher of Baja: Edge of Control, has filed a law suit with the Central District of California against Activision Blizzard, which is publishing the upcoming International Baja 1000. The reason is that the artwork of the game which is about to launch is very similar to that of the title already available.

THQ says that it has spent around 1 million dollars on marketing, advertising and promotional activities related to Baja: Edge of Control, which is available on the Xbox 360 and on the PlayStation 3.

THQ reveals that Activision Blizzard is basically cannibalizing the sales of its title by using similar images on the box of SCORE International Baja 1000: The Official Game. Both games are based on the real world Baja 1000 off road race and similar audiences are targeted by the titles. The Activision game is available for the PlayStation 2, the PlayStation 3, the Xbox 360, the Nintendo Wii and the PC. It should be in stores starting today.

THQ argues that “If Activision is not enjoined from its impending release of the Activision Game bearing the art, THQ will suffer damages in an amount as yet unknown, but in excess of the jurisdictional minimum of this court and to be determined at trial. THQ also would be entitled to Activision's profits from the sale of the Activision Game”. The law suit is aimed at stopping Activision from selling the game.

Activision has not reacted but, unless the court case goes against the company, it's highly unlikely that the cover art of Baja 1000 will be changed quickly to remove the similarities to Baja Edge of Control.