"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," claims the lawsuit, as reported by Edge Online after Patent Arcade broke the story.

THQ is asking the court to delay the release of Activision's Baja game until the artwork is changed, otherwise it believes it will suffer "as yet unknown" damages, which would cause THQ to "be entitled to Activision's profits from the sale of the Activision Game."

According to the suit, which also seeks attorney's fees, THQ contacted Activision regarding the similarities in the beginning of October, but Activision refused to change the packaging. Baja: Edge of Control (PS3, 360) arrived in September, while Score International hits retailers this week in PS2, PS3, Xbox 360, and Wii editions.