Activision's Baja 1000: Score International has launched this week without a hitch despite being the centerpiece of a copyright battle with THQ.

THQ sued Activision in October, saying that the box art for Score 1000 was too similar to that of its previously released Baja: Edge of Control. THQ wanted to prevent Activision from launching the game with the current packaging.

Activision issued a press release this week saying that its Baja game has launched in North America. We confirmed with retail that the original packaging remains.

Following the initial complaint to enjoin the release of Activision's game, we found more recent court filings that reveal THQ applied for a temporary restraining order against the release of Activision's game.

A U.S. District Court judge denied the application, stating, "Plaintiff has failed to meet its burden to demonstrate a possibility of irreparable injury."

The judge continued, saying that more harm would actually be done to Activision if a temporary restraining order were granted.

"...The balance of hardships tips sharply in Defendant's, not Plaintiff's, favor. Defendant would be forced to halt at the last minute the release of a videogame that it has invested signficant resources in developing--and it would be forced to do so heading into the holiday shopping season.

"The hardship to plaintiff is unclear, as Plaintiff has presented no evidence of hardship."

The judge also noted how THQ has just filed for copyright registration, but has not yet received a certificate of registration.

THQ said in its original complaint that over $1 million had been spent on advertising, marketing and promotion of Baja: Edge of control. The firm said the similar packaging would confuse and deceive consumers. THQ also said it would suffer "as yet unknown" damages and would "be entitled to Activision's profits from the sale of the Activision Game."

Despite the denial of the temporary restraining order, for now, the original suit is still on the table, although the judge has exhibited he needs sufficient proof from THQ that it is being harmed by the release of Score 1000.