Even with THQ filing lawsuit against Activision for the cover of Baja 1000, the game is hitting store shelves anyway. A U.S. District Court judge has said "the hardship to plaintiff (THQ) is unclear, as Plaintiff has presented no evidence of hardship."

The judge went on further to say that the "balance of hardships tips sharply in Defendant's, not Plaintiff's, favor. Defendant would be forced to halt at the last minute the release of a videogame that it has invested significant resources in developing--and it would be forced to do so heading into the holiday shopping season."

[Via Game | Life]

This article was originally published on Joystiq.

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