Universal vs Nintendo
Donkey Kong survives
The 1982-1984 lawsuit where Universal Studios claimed Donkey Kong infringed King Kong, only for Nintendo to win by proving Universal had previously argued Kong was public domain.
Overview
Universal vs Nintendo was the 1982-1984 trademark lawsuit that could have ended Donkey Kong. Universal Studios claimed Nintendo’s arcade game infringed their King Kong property. Nintendo’s lawyers proved Universal had previously argued King Kong was in the public domain, securing a landmark victory.
Fast Facts
- Filed: 1982
- Resolved: 1984
- Claim: Donkey Kong infringed King Kong
- Outcome: Nintendo won decisively
- Damages: Universal paid Nintendo’s legal fees
The Case
| Aspect | Detail |
|---|---|
| Universal’s claim | Donkey Kong copied King Kong |
| Initial target | Nintendo, Coleco, others |
| Key evidence | Universal’s own legal filings |
Nintendo’s Defence
| Argument | Impact |
|---|---|
| Public domain | Universal had argued Kong was public domain in 1975 |
| Trademark estoppel | Can’t claim rights you denied having |
| Distinctiveness | Donkey Kong clearly different character |
John Kirby
Nintendo’s lawyer, John Kirby, masterminded the defence. Nintendo allegedly named the character Kirby after him as thanks.
Legacy
| Effect | Result |
|---|---|
| Nintendo’s confidence | Proved they could fight in US courts |
| Howard Lincoln | Rose to prominence as NOA chairman |
| IP strategy | Nintendo became aggressive defender |
This victory transformed Nintendo from cautious newcomer to confident player in the American market.