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John Kirby

Nintendo's King Kong slayer

The American lawyer who won Nintendo's landmark case against Universal Studios over Donkey Kong, allegedly inspiring the name of the character Kirby.

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Overview

John Kirby was the American lawyer who defended Nintendo in the landmark Universal vs Nintendo case (1982-1984). His brilliant defence—proving Universal had previously argued King Kong was public domain—saved Donkey Kong and established Nintendo’s confidence in the American market.

Fast Facts

  • Role: Nintendo’s legal counsel
  • Key case: Universal vs Nintendo (1982-1984)
  • Legacy: Kirby character allegedly named after him
  • Gift: Nintendo gave him a sailboat named “Donkey Kong”

The Defence

StrategyEffect
ResearchFound Universal’s 1975 filings
EstoppelUniversal had denied owning Kong
DistinctivenessProved characters were different

The Reward

GiftDetail
SailboatNamed “Donkey Kong”
Naming rights”Exclusive worldwide rights to name any boat Donkey Kong”
Character?Kirby the character allegedly named in his honour

Impact

Kirby’s victory transformed Nintendo’s approach to the American market. Rather than settling or retreating, Nintendo learned they could win against major corporations, shaping their famously aggressive intellectual property strategy.

See Also