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Nintendo Sues Nyko, hates gangly people
Trev | 9:47 AM on 06.13.2008 9 comments




From Bloomberg:

Nintendo Co., maker of the Wii video-game system, sued accessory seller Nyko Technologies Inc. over what it says is a knock-off of the Nunchuk remote controller used with the popular system.

Nyko sells a wireless Kama Nunchuk designed to work with the Wii system. Nintendo contends the Nyko product copies its patented designs and infringes its trademarks for the Nunchuk name and packaging. The word "nunchuk" refers to a martial-arts weapon made from two sticks connected with a chain.

The Nyko product "wholly appropriates the novel shape, design, overall appearance and even the color and materials used in the Nintendo Nunchuk controller," Nintendo said in the federal court complaint, filed June 10 in Seattle.

In the Wii system, a player moves the remote and a character on the television screen mimics that motion, such as an underhand throw for bowling or a swing for tennis. Nunchuks are used when the game calls for motion by both hands, for instance when punching in the boxing game in Wii Sports. It's connected to the main remote by a plug and wire.

"We have not knowingly violated anyone's intellectual property and we're still examining this," Nyko spokesman C.C. Swiney said yesterday in a telephone interview.

The Wii is the most-popular video-game console in the U.S., with 714,000 machines sold in April, Nintendo has said, citing results from researcher NPD Group Inc. The console is often sold out at stores, as is the new exercise game "Wii Fit" that first went on sale in the U.S. last month.

Closely held Nyko, based in Los Angeles, makes other accessories for use with the Wii, including a charging station for the remotes, carrying case for the console, and adapters. The accessories for the Wii and other game consoles are sold online and at retailers such as GameStop Corp. stores.

The Kama Nunchuk, which is advertised as avoiding the "restrictive wires" of the Nintendo Nunchuk, sells for $33.99 on Amazon.com Inc.'s Web site. Nintendo's Wii Nunchuk sells for $19.99.

Nintendo, based in Kyoto with U.S. offices in Redmond, Washington, accuses Nyko of infringing two design patents and its trademarks. The company asked the court to order Nyko to stop selling the wireless controller, and seeks cash compensation.

Nintendo's lawyers are Harry H. Schneider Jr., Susan D. Fahringer and William C. Rava of Seattle's Perkins Coie.

The case is Nintendo of America Inc. v. Nyko Technologies Inc., 08cv907, U.S. District Court, Western District of Washington (Seattle).

Link. Copied because it appears on a page with a lot of other stories and little break between them. Looks like a formatting issue.

My thoughts:
If you want a wireless nunchuck, you want one. Lots of people are fine without them. I could honestly have used one playing No More Heroes. I'm a bit over 6 feet tall and, since I don't have freaky, disproportionate baby limbs, I ended up giving that connecting cable an inadvertent tug almost every time I tried to suplex someone. But copying the shape and color? Really Nintendo? Sue them because it's unlicensed, but don't sue them because it's not bright orange and square. It is unlicensed, right? I'm probably oversimplifying it, but if Nyko got permission, then I really don't see the problem with making something that isn't shit. Half your controller is a rectangle and the other half is a little pod thing; there are really only so many variations of these available. If I owned a Wii, I would want this, and I'd want it jive with the rest of my wii-quipment.

Next up, any 3rd party Wii remotes must be spherical and baby shit green.



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7 comments | showing # 1 to 7
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JACK of No Trades's Avatar - Comment posted on 06/13/2008 10:11
JACK of No Trades
This remindes me of the arrogant Nintendo from the 80's. I was also shocked when one of their reps said that only geeks wanted the extra space on the wii. Its not a good thing to mock your loyal fanbase. I think Nintendo is better suited being on the bottom, because when the get just a once of power they fucking use it like a nine year old boy.
B-Radicate's Avatar - Comment posted on 06/13/2008 10:12
B-Radicate
I smell BS.
Xander756's Avatar - Comment posted on 06/13/2008 10:26
Xander756
Nintendo always seemed the most friendly of the Big Three to me but sometimes you gotta show your mean streak I guess.
craineum's Avatar - Comment posted on 06/13/2008 10:50
craineum
As with most of my fanboy idols... Nintendo still sucks. Instead of whining and complaining about something a third party supplier is doing to fill a market demand. Make one yourself (and it would most likely sell better than the knock off). If there is not enough money to be made, let someone else do it for you. Your still going to sell systems/games.

Oh, and I also love/hate apple/jobs and Star Wars/Lucas (dick).
dtomek's Avatar - Comment posted on 06/13/2008 10:56
dtomek
@Craineum

I'm assuming that you meant to say "If there is TOO MUCH money to be made"? Clearly that is the reality that Nintendo lives in...somehow.
Dynamic Sheep's Avatar - Comment posted on 06/13/2008 12:46
Dynamic Sheep
Surprisingly... What Jack said
Rifter01's Avatar - Comment posted on 06/13/2008 14:19
Rifter01
What sheep and Jack and others said. If they're really suing Nyko, lately the big Nin has turned colder than a witch's teat in late December.
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