 As Accolade's counterclaim for false labeling under the Lanham Act was declined by the Ninth Circuit, this essentially left "each party as free to act as it was before the issuance of preliminary injunctive relief" while the district court considered the counterclaim.Sega and Accolade ultimately settled on April 30, 1993.As a part of this settlement, Accolade became an official licensee of Sega, and later developed and released "Barkley Shut Up and Jam!"