King Kong vs Donkey Kong

[Neo]

So I was studying for a paralegal certification course I'm taking, and I came across the following case of Universal Studios, Inc. v. Nintendo Co. (746 F.2d 112 (1984))

This is a case concerning trademark infringement brought by Universal, who owned the rights to the name and character of King Kong, against Nintendo, who produced the famous game Donkey Kong. After comparing and inspecting both the Donkey Kong game and the King Kong movies, the trial court found that there was no likelihod of consumer confusion between the two and therefore granted summary judgement. The appellate court agreed.

Excerpt from Opinion

Nintendo Co., and its wholly owned subsidiary, Nintendo of America, has engaged in the design, manufacture, importation, and sale of the extrodinarily successful video game known as "Donkey Kong." Donkey Kong requires the player to maneuver a computerized man named Mario up a set of girders, ladders and elevators to save a blond pigtailed woman from the clutches of a malevolent, yet humerous gorilla, while simultaneously avoiding a series of objects such as barrels and fireballs hurled at him by the impish ape.

Universal Studio alleged Donkey Kong.....constitued false designation of origin.....because Nintendo's "actions falsely suggest to the public that [its] product originates with or is authorized, sponsored or approved by the owner of the King Kong name."

....the court held....there was no question of the fact as to [Universal's claim] that consumers were likely to confuse Donkey Kong and King Kong....unfair competition claims should be dismissed.