Dryden on 13 June 2008
| kn said: Apparently none of you know anything about trademark violations. A company is OBLIGATED to defend its trademarks and patents if they desire to keep them. I doubt Ninty is all that concerned about Nyko's infringement as a single point of reference, but Nintendo MUST defend their trademark or they lose the ability to do so in the future. By law, Ninty can't look the other way while certain companies violate their trademark and then decide at one point to start enforcing it on others. This is to protect the Nunchuck (and no doubt send a message concerning the Wiimote) that no-one can copy their design(s). This is pure and simple a method to protect the "innovation" of the nunchuck (and wiimote by inference). If Nyko had approached Nintendo and "licensed" the right to make the wireless Nunchuck, Nintendo could easily have allowed it and still protected their intellectual property. In fact, it wouldn't surprise me if that is the route they go -- force them to license and pay back royalties -- then carry on..... |
Winner.
Although, if you look at the Nyko Nunchuk, I believe this suit is about "trade dress" and not so much "trade marks."
Nintendo is not only right in filing suit, they are legally obligated to do so or risk losing future protection on their designs for the Wii remote and the Nunchuk. If they allow Nyko to make a virtually indistinguishible knock-off using the same plastics, LEDs, rubber components, and form, then nothing would prohibit Microsoft of Sony from doing the same later.
This isn't any different than a company such as Coca-Cola defending the shape of their bottle. Nintendo's most valuable asset right now is the iconic look of the Wii remote, and so, by extension, all the other peripherals that go with it.
