Nintendo Claims SuicideGirls Diluted Trademark

CYBERSPACE — Goth girl-website SuicideGirls.com received an email from a law firm on Monday, claiming that a user’s profile was infringing on Nintendo trademarks by listing Metroid and Zelda as his favorite video games.

The infringement, according to the email from Melissa Morgan Nelson at Perkins Coie LLP in Seattle, came from the profile of a member named RuneLateralus, who opted to post a list of his favorite video games in lieu of his favorite books.

“I enjoy an ice cold Coca Cola on a hot day,” writes SuicideGirls administrator Sean. “Do you think Coca Cola is going to sue me for posting that?”

According to the email, Nintendo somehow became aware that their trademarks were being used on an adult-oriented website and were less than pleased.

“It has come to our client’s attention recently that you are using the Nintendo trademarks [on] the above-referenced sexually explicit Web site,” the email reads.

“Nintendo’s customers – many children and their parents – have come to identify the Nintendo trademarks with the high quality of Nintendo products,” it continues. “Your unauthorized use of the Nintendo trademarks will tarnish Nintendo’s reputation.”

A post on blog BoingBoing.net calls the situation into question, though.

“I called the [San Francisco] and Seattle offices of the law firm representing Nintendo, Perkins Coie,” writes BoingBoing read Josh. “They not only seem to not know about this, they can’t even look at it because their firewalls won’t allow them to get to porn sites.”

The Intellectual Property Enforcement group at Perkins Coie was unavailable for comment.

According to legal education website Nolo.com, owners of trademarks can stop others from using them depending on a variety of factors, including whether the trademark is being used on competing goods, whether consumers would be confused by the dual use of trademark and whether the trademark is being used in the same part of the country on related goods.

Nolo.com also notes that trademark owners may also claim that use of the trademark tarnishes the reputation of the mark or renders it common through overuse.

“For instance, consumers would not think that Microsoft Bakery is associated with Microsoft, the software company, but Microsoft Bakery could still be forced to choose another name under federal and state anti-dilution laws,” according to the website.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Aylo Willing to Work With Australia's Online Censor on Device-Based AV Solutions

The office of Australia’s top online censor, unelected eSafety Commissioner Julie Inman Grant, released a new roadmap for implementing age verification according to the country’s Online Safety Act.

Spain's Technology Minister Unveils Soon-to-be-Mandatory Age Verification App

Spain’s anti-sex work and anti-porn Socialist Party (PSOE) government led by Prime Minister Pedro Sánchez unveiled a new age verification app that will become a mandatory step to access any adult content by anyone in the country starting in September.

Nikki Slick, Scarlett Mae Topline Latest 'Women Seeking Women'

Nikki Slick and Scarlett Mae headline the 197th volume of "Women Seeking Women," from Girlfriends Films.

Tanya Tate Performs 1st Anal for MILFY

Tanya Tate performs her first anal alongside Dan Damage in the latest release from Vixen Media Group (VMG) studio imprint MILFY.

Kenzie Taylor Stars in Seth Gamble's 'Gravity Wolf'

Kenzie Taylor stars in the latest release from reigning XBIZ Performer of the Year Seth Gamble's LucidFlix, titled "Gravity Wolf."

FSC Drops Opposition to California Age Verification Bill After Amendments

Free Speech Coalition (FSC) has dropped its formal opposition to California’s age verification bill AB 3080, after an amendment secured through months of discussions with the bill’s author was heard by the Senate Judiciary Committee.

Jennifer White Stars in 'Hot Dog Eating Contest' From Elegant Angel

Jennifer White stars with reigning XBIZ Male Performer of the Year Zac Wild in the Fourth of July-themed "Hot Dog Eating Contest," from Elegant Angel.

SCOTUS Agrees to Hear Texas Age Verification Challenge

The United States Supreme Court granted on Tuesday the petition for a writ of certiorari in the Free Speech Coalition-led challenge to Texas’ age verification law, agreeing to hear the case in the next term.

Penthouse Names Autumn Ren Its July 'Pet of the Month'

Penthouse Magazine has named model Autumn Ren as Pet of the Month for July.

Dorcel Group Acquires LifeSelector

Dorcel Group has acquired interactive content company LifeSelector.

Show More