In the distant year of 1983, Nintendo, the Japanese giant of electronic games, faced a lawsuit from the powerful Universal Studiosbeing accused of copyright infringement in relation to the iconic platform game “Donkey Kong”.
Image: ‘Donkey Kong’/Reproduction
The beginning of complaints
In 1992, Universal chairman Sid Sheinberg suspected that Nintendo was misappropriating the King Kong character to create “Donkey Kong“.
The film company demanded that the game be withdrawn from the market and that the profits be returned to it. Nintendo refused to give in and took the case to court.
The process
In 1983, Universal sent subpoenas to companies that sold Nintendo-licensed products. Attorney John Kirby was hired to help defend Nintendo.
During the process, Kirby demonstrated that Donkey Kong and King Kong were distinct characters and that Universal did not own the rights to the trademark. The judge ruled in favor of Nintendo.
Nintendo’s victory
The legal battle between Nintendo and Universal Studios over “Donkey Kong” was much more than a copyright dispute.
It was an epic battle that demonstrated the creative power and argumentative skills of Nintendo’s lawyers.
John Kirby, the lawyer who defended Nintendo, proved to be a true legal strategist.
With solid arguments, he managed to demonstrate to the judge that Donkey Kong and King Kong were distinct characters, impossible for the population to confuse.
The defensive tactic emphasized the parodic nature of the game, highlighting Donkey Kong’s unique originality and charisma.
Judge Robert W. Sweet’s ruling in favor of Nintendo reflected the importance of protecting the creative freedom of video game developers.
The court recognized that the Nintendo created a unique universe for Donkey Kong, with its own story, settings and characters, without violating Universal’s rights to King Kong.
The story of Nintendo v. Universal Studios is proof of how video games can become central to surprising legal disputes.
