George Bounces Caterpillar

Last week Modulator commented on Caterpillar’s attempt to block Disney from releasing George of the Jungle 2. Today a federal judge ruled against Caterpillar:

The judge said there is no sign Disney sought to “somehow poach or free ride” on Caterpillar’s trademarks to drive up sales of the movie, one of the standards for trademark infringement.
McDade also disputed Caterpillar’s argument that use of its name and logo will make viewers think the company is somehow supporting the movie. He called use of well-known trademarks a “common phenomenon” in films and television.
Along with infringement, Caterpillar alleged that its trademark is diluted by the movie, which describes the equipment as “deleterious dozers” and “maniacal machinery” during a climactic final battle.
McDade countered that “it is clear to even the most credulous viewer” that the bulldozers are operated by humans and are merely inanimate implements of the villains’ “environmentally unfriendly schemes.”

It would have been much less expensive for Caterpillar to have just asked Modulator.