Universal City Studios, Inc. v. Nintendo Inc.

746 F.2d 112 (1984)

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Universal City Studios, Inc. v. Nintendo Inc.

United States Court of Appeals for the Second Circuit
746 F.2d 112 (1984)

  • Written by Alexander Hager-DeMyer, JD

Facts

Universal City Studios, Inc. (Universal) (plaintiff) asserted ownership of the trademark for the name, story, and character of King Kong. Nintendo Inc. (defendant) created and released a video game called Donkey Kong, which required players to maneuver a character up a building structure to save a blonde pigtailed woman from a villainous but humorous gorilla. Universal sued Nintendo for trademark infringement, arguing that the Donkey Kong name, story, and character constituted a false designation of origin under federal law and improper dilution of the King Kong trademark under state law. Universal conducted a survey of individuals who had purchased or leased Donkey Kong game machines to attempt to prove confusion existed between the trademarks. The survey included leading questions that presented a clear connection between Donkey Kong and King Kong. Nintendo filed for summary judgment on the infringement and dilution claims, and the district court granted the motions. Universal appealed to the Second Circuit.

Rule of Law

Issue

Holding and Reasoning (Meskill, J.)

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