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Judge denies bid to halt ‘Jungle’

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Associated Press

A federal judge refused to block today’s U.S. release of a Walt Disney Co. comedy that Caterpillar Inc. contends will hurt its image and sales of children’s products.

Chief U.S. District Judge Joe B. McDade on Monday denied Caterpillar’s request for a temporary restraining order to halt sales of Disney’s “George of the Jungle 2,” a direct-to-DVD product.

The Peoria, Ill., manufacturer filed a trademark infringement lawsuit, alleging that the company’s reputation will be tarnished because its yellow earth-moving equipment is linked to the film’s villains. Caterpillar also maintained that the movie could leave a negative impression on its young target audience, harming sales of a children’s product line. The lawsuit also seeks to recall 2.2 million copies of the movie already delivered to retail outlets to edit out Caterpillar’s name and logo.

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Caterpillar faces an uphill battle for a recall based on evidence presented so far, McDade wrote in the ruling.

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