Nintendo of America (NOA) sued online retailer NXPGame in U.S....
Nintendo of America (NOA) sued online retailer NXPGame in U.S. District Court in Seattle, alleging its owner, Kevin Niu, sold illegal videogame copiers. NOA investigated a website owned by NXPGame and found that it was selling copiers that enabled consumers…
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to download, play and distribute illegal copies of DS and DSi videogame software, NOA said. After NOA’s attorneys sent the defendant “multiple letters” and phoned him, he agreed to stop selling the copiers and closed his website, it said. But he soon launched an identical business at a different website address, and redirected customers who visited his old site to the new one to buy the same products, it said. One of Niu’s websites also used Nintendo registered trademarks and violated Nintendo copyrights, NOA said. The suit follows the 2009 Nintendo v. Chan case, in which a U.S. District Court in Los Angeles confirmed that game copiers violated the Digital Millennium Copyright Act and are deemed illegal in the U.S., NOA said. Since 2009, Nintendo has supported nearly 1,500 legal actions -- including customs seizures, law-enforcement actions and civil proceedings -- in more than 20 countries that have “resulted in the confiscation of more than 422,000 videogame copiers,” NOA said. It requested unspecified compensatory damages, as well as statutory damages of up to $150,000 for infringement of each Nintendo copyrighted work, up to $200,000 for infringement of each Nintendo trademark and up to $2,500 for each violation of the Digital Millennium Copyright Act. It also asked for a jury trial, preliminary and permanent injunctions, and that the defendant pay all its legal fees, among other things. Niu couldn’t be reached for comment on Friday.