Post by Segaman on Jul 8, 2004 18:31:33 GMT -5
From The Business Journal, "'The clown depicted in defendant's 'Twisted Metal: Small Brawl' game is a purple-nosed, black-eyed clown with yellow-green-aqua hair and a light aqua cap that is not even remotely similar to plaintiffs' Safety Clown graphic,' [Senior Judge Scott] Wright said in a written ruling."
"Frosty Treats appealed to the 8th U.S. Circuit Court of Appeals on June 15."
"Wright ruled that: The term 'frosty treats' is a generic expression used by many companies selling cold snacks for which Frosty Treats Inc. can't claim trademark protection. Depicting drivers with flaming heads in ice cream trucks bristling with weapons does not defame Frosty Treats Inc. because the images in Sony's video games are obviously based on fantasy. Frosty Treats Inc. failed to identify how it was damaged by Sony's depictions of ice cream trucks and drivers. Wright said Frosty Treats hadn't registered its Safety Clown graphic or its 'Frosty Treats' logo until October 2002, about 10 months after Sony released its most-recent Twisted Metal game depicting a 'Sweet Tooth' truck inscribed with 'FrOsTy TreAtS.'"
"Frosty Treats appealed to the 8th U.S. Circuit Court of Appeals on June 15."
"Wright ruled that: The term 'frosty treats' is a generic expression used by many companies selling cold snacks for which Frosty Treats Inc. can't claim trademark protection. Depicting drivers with flaming heads in ice cream trucks bristling with weapons does not defame Frosty Treats Inc. because the images in Sony's video games are obviously based on fantasy. Frosty Treats Inc. failed to identify how it was damaged by Sony's depictions of ice cream trucks and drivers. Wright said Frosty Treats hadn't registered its Safety Clown graphic or its 'Frosty Treats' logo until October 2002, about 10 months after Sony released its most-recent Twisted Metal game depicting a 'Sweet Tooth' truck inscribed with 'FrOsTy TreAtS.'"
