On Friday, the Associated Press reports, a federal judge threw out a lawsuit filed by hot sauce proprietor and world-renowned gamer Billy Mitchell, who claimed that Cartoon Network’s “Regular Show” stole his likeness in the form of a bearded, floating cartoon head. Can’t win ‘em all!
Cartoon Network argued that the “Regular Show” character “Garrett Bobby Ferguson,” or GBF, is a transformative depiction of Mitchell, who has held record scores in the game Donkey Kong—this was the central tension in the 2007 documentary King of Kong: Fistful of Quarters—and has a distinctive aesthetic.
New Jersey Federal District Judge Anne Thompson ruled that Mitchell’s appearance had been exaggerated to the point that that the character is “cartoonishly evil.” Also, according to the AP, the show is protected by the First Amendment.
“The television character does not match the plaintiff in appearance: GBF appears as a non-human creature, a giant floating head with no body from outer space, while Plaintiff is a human being,” Thompson wrote in her decision.
“And when GBF loses his title, the character literally explodes, unlike Plaintiff.”