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A Tale of Two Gorillas: An Underdog (Under-Ape?) Story | Foley Hoag LLP - Trademark, Copyright & Unfair Competition

To embed, copy and paste the code into your website or blog: March 8 was, according to questionable sources, National Retro Video Game Day in the US.  As one of Foley Hoag’s several resident video game nerds, this reminded me of one of my favorite video-game-related IP disputes. In the 1970s, a nearly century-old Japanese playing card company called Nintendo started to branch out into electronic gaming, and in 1979 started a coin-operated arcade gaming division.  In 1981, the company released its first bona fide hit: the original arcade version of Donkey Kong.  The premise of Donkey Kong is that the titular giant ape has (naturally) kidnapped a woman, “Lady” (later called “Pauline”), and carried her to the top of a structure of metal girders.  The unnamed player character – some random mustachioed jumping dude in a red cap and red overalls that would later be called “Jumpman,” and then, you guessed it, Mario – must climb to the top of the structure, all th

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