Nintendo of America Wednesday filed a trademark and patent infrin...
Nintendo of America Wednesday filed a trademark and patent infringement suit against Nyko Technologies in U.S. District Court, Seattle. The peripheral maker’s recently shipped wireless Nunchuck controller for Wii makes “unlawful use” of NOA’s intellectual property, including common law…
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trademarks as well as federally registered trademarks and design patents, said Nintendo. Nyko’s controller is “designed to mimic” Nintendo’s own Nunchuck controller for Wii and is “marketed for sale and sold by” the peripheral maker “in a manner that is likely to confuse consumers as to the source or origin of” the Nyko controller, Nintendo claimed. Nyko’s recent addition of the word “Kuma” to the front packaging of its controller “does not detract from the confusingly similar uses of the wireless Nunchuck mark and other actions” by Nyko, Nintendo said. Everything about the Nyko controller’s design -- from color to packaging -- aims to fool shoppers into thinking they are buying a Nintendo controller, the plaintiff argued. Nintendo sued for at least $75,000, seeking both preliminary and permanent injunctions against Nyko from selling the unit. Nintendo also requested an order providing for “the seizure and impoundment of all infringing products.” Nyko declined to comment.