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Store, studio settle ninja suit

Store, studio settle ninja suit

A trademark infringement lawsuit filed against a South Side video store for using a mural of the Teenage Mutant Ninja Turtles has been settled.

The terms of the agreement between MIB Ninja Entertainment and Mirage Studios Inc. are confidential, but store owner Milton Barr, 20, said he was pleased with it.

"The mural will remain in place," he said. "Which is cool, because everyone thought it was going to be gone."

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Mirage filed a lawsuit against Mr. Barr in May, alleging that he was illegally using the popular comic book-turned-movie characters to advertise his store.

The studio sought an injunction to keep Mr. Barr from using the images and an order requiring that any materials that featured the characters be destroyed, as well as monetary damages.

But Mr. Barr said attorneys for the company were "more than friendly" in dealing with him.

"We had no intentions of hurting them," he said. "We were just some kids that painted the wall."

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Under the terms of the settlement, each side is responsible for its own legal costs, and the lawsuit cannot be refiled.

John McIlvaine, an attorney for Mirage, said his client felt it was the right thing to do to reach an amicable settlement.

"It was a desire to get the thing resolved as efficiently as possible," he said.

Mr. Barr originally intended for the store at 1020 E. Carson St. to be a pizza shop. But he was unable to get the proper permits and turned it into a video and game rental place instead.

A friend of his who is a tattoo artist painted the mural freehand with spray paint, Mr. Barr said.

First Published: September 8, 2007, 4:00 a.m.

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