THQ said Activision's upcoming title, SCORE International Baja 1000: The Official Game has box art that is too close in similarity to THQ's September title Baja: Edge of Control.
The suit reads, "...Activision's impending use of packaging art [for its game] ... is likely to confuse, cause mistake or deceive the public into believing that the Activision Game originates or is sponsored or approved by THQ, when in fact it is not."
THQ, which holds copyrights for its box art, claimed that it has spent over $1 million on advertising, marketing and promotion of Baja: Edge of Control. The firm said the front and back of Activision's packaging is too similar.
The company is asking the court to enjoin the release of Activision's Baja title bearing the current artwork.
THQ also said it contacted Activision at the beginning of October about concerns over similarities between the box arts, and has written and spoken to the defendant on "several occasions." Activision has refused to change the packaging, according to THQ's complaint.
THQ said if Activision is not enjoined from the release of the allegedly offending box art and game, THQ will suffer "as yet unknown" damages and would "be entitled to Activision's profits from the sale of the Activision Game."
THQ also seeks attorneys' fees.
THQ said that it does not comment on legal matters. Activision had not responded to request for comment as of press time.
Thanks to Patent Arcade.
