Gryph Posted October 28, 2004 Posted October 28, 2004 http://ve3d.ign.com/[/url'>']Nintendo has issued a Cease & Desist letter to the SuicideGirls website, "a part alternative community and part pin-up showcase of more than 420 fantastic tattooed and pierced bad girls, from Finland to Colombia." A member of said site stated on their profile page that Metroid and Zelda titles were among their favourites. This is the entire letter. I can't post the link to it because apparantly that site has some adult material and isn't safe for work...> From: Stop IP Infringement <StopInfringement@PerkinsCoie.com>> Date: October 27, 2004 10:12:06 AM PDT> To: "'spooky@suicidegirls.com'" <spooky@suicidegirls.com>> Subject: Infringement of Nintendo Intellectual Property Rights>>>>>> October 26, 2004>>>>>>>>>> VIA EMAIL ONLY>> Administrator: spooky@suicidegirls.com>>>> Re: http:/www/suicidegirls.com/members/RuneLateralus/380354/>> Infringement of Nintendo Intellectual Property Rights> IDENTIFIED PROBLEM: Pornographic Web site uses Nintendo in link,> text, source code, Zelda and Metroid in text>> Greetings:>> We represent Nintendo of America Inc. ("Nintendo"), the owner of the> trademark(s) and/or copyrighted works listed above (the "Nintendo> trademark(s)/works"). It has come to our client's attention recently> that you are using the Nintendo trademark(s)/works in the hidden> text/visible text/meta tags and/or title and/or links of the> above-referenced sexually explicit Web site. This use is> unauthorized, and we are writing to demand that you immediately cease> and desist this infringement of Nintendo's intellectual property> rights.>> Nintendo has acquired substantial rights in the Nintendo> trademark(s)/works. Nintendo's customers--including many children and> their parents--have come to identify the Nintendo trademark(s)/works> with the high quality of Nintendo products. Your unauthorized use of> the Nintendo trademark(s)/works will tarnish Nintendo's reputation.>> This infringement of Nintendo's intellectual property rights can> subject you to sanctions under applicable federal and state laws.> Accordingly, you must immediately cease and desist from any and all> use of (1) the Nintendo trademark(s)/works, (2) any other Nintendo> trademark(s)/works, and (3) any mark which is confusingly similar to a> Nintendo trademark. This includes, but is not limited to, your> infringement of Nintendo's intellectual property as explained above.>> I look forward to your immediate confirmation that you have taken the> necessary steps to resolve this matter. To that end, you may contact> me at either 206‑359‑6742 or StopInfringement@perkinscoie.com.>> Sincerely,>>> Melissa Morgan Nelson> Perkins Coie LLP> 1201 Third Avenue, Suite 4800> Seattle, WA 98101-3099> http://www.perkinscoie.com>> :ceh>> cc: Nintendo of America Inc.>> ISP: peter.luttrell@3jane.com>> File: 51.13>> NOTICE: This communication may contain privileged or other confidential> information. If you have received it in error, please advise the> sender by> reply email and immediately delete the message and any attachments> without> copying or disclosing the contents. Thank you. This is just so pointless...I find it hard to believe that it's real, but it is!
OverlordMondo Posted October 28, 2004 Posted October 28, 2004 Omg... wtf? Nintendo is to be punished for their sins!
ugenn Posted October 28, 2004 Posted October 28, 2004 I have to agree with Nintendo here. Do remember that Nintendo is a publically listed company where public opinion could affect its financial performance. Also note that this isn't your avg fan site, but a site which carries controversial material (such that revealing the URL on this board might break regulations, I might add). If some idiotic "concerned parent" decides to make a big fuss over this, it's not going to reflect well on their balance sheets. So as much as I detest legal suits, I have to go with the big N here.
Daeval Posted October 28, 2004 Posted October 28, 2004 This could be just what Nintendo needs to hook the 16-20something market it's missing right now. Seriously though.. On the one hand, I can see where Nintendo would be concerned about having its properties mentioned on a porn site. On the other hand, it's somebody's "favorites" list, whatever! It's not like they're advertising kinky cosplay sex in Samus costumes or something. Chances are, whoever had to send that email from Nintendo felt just as stupid about it.
emsley Posted October 28, 2004 Posted October 28, 2004 O, I , gryph what you doin on suicidegirls.com ?Lol.J/k
random guy Posted October 28, 2004 Posted October 28, 2004 OMG, that's it we'd better stop saying we like any Nintendo games, or we could get c&d'd up the yin yang!
Swithin Posted October 28, 2004 Posted October 28, 2004 Umm, Ugenn... it's a cultural reference. Zelda is a cultural reference, Metroid is a cultural reference. If we're not allowed, on the whole, when asked who our favorite author is (for instance) to answer using his name *BECAUSE IT'S CONSIDERED INFRINGEMENT*, then someone's seriously confused about the "fair use" of nouns and verbs and spoken/written language in general. What if this wasn't a porn-site, but a games-reviewer? One who hadn't been given express permission to write a review? "Zelda sucks." <-- sued. This is not the defense of brand-image, this is the attempt to frighten someone into shutting up using the legal system as a threat. This is, basically, censorship.
Agozer Posted October 28, 2004 Posted October 28, 2004 eh, it's Nintendo we're talking about here; this was no surprise by any means.
L.S.D Posted October 28, 2004 Posted October 28, 2004 eh, it's Nintendo we're talking about here; this was no surprise by any means.<{POST_SNAPBACK}>What do you expect anyway? This is from a company who opt for cartridges when the in-thing is CD-Rom.
Agozer Posted October 28, 2004 Posted October 28, 2004 eh, it's Nintendo we're talking about here; this was no surprise by any means.What do you expect anyway? This is from a company who opt for cartridges when the in-thing is CD-Rom. H4w. I hope for the best and fear the worst. In Nintendo's case, always fear the worst first.
PLasticSlug Posted October 28, 2004 Posted October 28, 2004 good post gryph, those were some dam good tities i might add.
Gryph Posted October 28, 2004 Author Posted October 28, 2004 eh, it's Nintendo we're talking about here; this was no surprise by any means.<{POST_SNAPBACK}>True...but I wouldn't expect this to ever happen. I think everyone named Mario, Luigi, Yoshi, etc. should sue Nintendo for using their name because it makes people think they are fat Italian plumbers with stereotypical accents or a gay dinosaur (whatever the flock Yoshi is), that case is about as merited at this one. good post gryph, those were some dam good tities i might add.<{POST_SNAPBACK}> No problem. Glad you had some fun with it.
Sturmvogel Posted October 28, 2004 Posted October 28, 2004 Umm, Ugenn... it's a cultural reference. Zelda is a cultural reference, Metroid is a cultural reference. If we're not allowed, on the whole, when asked who our favorite author is (for instance) to answer using his name *BECAUSE IT'S CONSIDERED INFRINGEMENT*, then someone's seriously confused about the "fair use" of nouns and verbs and spoken/written language in general. What if this wasn't a porn-site, but a games-reviewer? One who hadn't been given express permission to write a review? "Zelda sucks." <-- sued. This is not the defense of brand-image, this is the attempt to frighten someone into shutting up using the legal system as a threat. This is, basically, censorship.<{POST_SNAPBACK}> I gotta agree with Swithin. What it really boils down to is censorship. The games mentioned being an ingrained cultural reference, Nintendo is outreaching it's copyright infringement policy, just because this site promotes something Nintendo doesn't like.
Daeval Posted October 28, 2004 Posted October 28, 2004 Eh, it's not really about the copyright in this case, even if that's what's mentioned in the letter. This is the applicable paragraph: > > Nintendo's customers--including many children and> their parents--have come to identify the Nintendo trademark(s)/works> with the high quality of Nintendo products. Your unauthorized use of> the Nintendo trademark(s)/works will tarnish Nintendo's reputation. Something tells me, if they hadn't mentioned copyright infringement in the letter and instead just asked nicely to have it removed, none of you all would be complaining. Unfortunately, that letter was left to the lawyers because that's how big businesses are used to operating. What was sent in the end was essentially a form letter (just fill in the copyrighted works) that was probably written by a combination of lawyers and nintendo officials for legitimate "cease and desist" use. Since they don't have a "please don't mention our stuff on your porn site, but thanks for liking it" form letter already written and approved, they sent the most relevant one they had, even if it wasn't.
OverlordMondo Posted October 29, 2004 Posted October 29, 2004 This makes it look like a formal attack though. And even if they just asked nicely I'd look at 'em a little strange...
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