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Once again, Nintendo are involved in more legal shenanigans. This time, Nintendo have taken it upon themselves to sue Imagine Media (the makers of dailyradar.com).
Read the article at www.dailyradar.com
Apparently, Imagine Media infringed on Nintendo's copyright by producing guides books with...get this, screenshots of Nintendo games(!). Now I can't really see guides selling if they were just pages of text, so I found the whole thing a bit of a sorry/funny affair.
To top it all, dailyradar.com have now decided to suspend Nintendo coverage until court proceedings are over.
It will be interesting to see who wins this one...
Read the article at www.dailyradar.com
Apparently, Imagine Media infringed on Nintendo's copyright by producing guides books with...get this, screenshots of Nintendo games(!). Now I can't really see guides selling if they were just pages of text, so I found the whole thing a bit of a sorry/funny affair.
To top it all, dailyradar.com have now decided to suspend Nintendo coverage until court proceedings are over.
It will be interesting to see who wins this one...
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Daily Radar aren't as good as everyone makes out anyway... there are much better news services on the web.
Sorry to you TOM. You can write an article for yourself (as far as I know....)
If anybody has read the article on Daily Radar, they are telling you the whole story.
Nintendo *had* to sue Imagine Media.
There is good reason for Nintendo's lawsuit. Read on to find out why.
Bear with me here, long post, law related, the real story......
1. This had nothing to do with anything posted on Daily Radar.
2. There was illegal use of copyrighted pictures, screenshots, and artwork in several items.
3. Nintendo WARNED them beforehand to remove these objects. imagine media refused.
4. this un-endorsed guide was very similar to Nintendo's guide, causing many infringments to copy right laws. Ex. Similar features, bears the subtitle "Complete strategy Gold & Silver"
5. Pokemon trademark and its entirety was on the cover in its classic way, again infringing nintendo's guide.
6. Words "trainer guide" In same style as on the pokemon manual (same)
7. The words "100% unofficial" appear in a smaller font then rest of cover, and appear above nintendo's prominetly displayed pokemon trademark.
8. Imagine media had 2 guides out, one for pokemon gold and silver. Only difference between the two is the color of the cover. each have illegal reproduced pokemon characters.
9. Imagine media has NO license to use any pokemon copyrighted tradmarks.
10. extensive copies (over 100) screen shots, (copyrighted) were used in this guide.
11. Combined screen shots were used.
12. illegal copied "gym heros" pokemon cards.
13. Copyrighted pictures (drawn) were used and reproduced in this section.
14. Artwork of "celebi" were illegal reproduced.
15. READ: Screen shots from pokemon stadium 2 are included in guide. these are the same exact pictures that were in Nintendo's space world guide, in same order/
16: Imagine media reproduced the same copy right notice in there guide as nintendos "pokemon Phamlet"
17: the guide breaks law 17. U.S.C 106
18: the style of the pokemon lable trademark on spine and cover, channels of purchase, nearly identical "trainers Guide" sticker is used. these violate 15 U.S.C 1125(a) (which is false designation) and violates 15 U.S.C. 1125(C) for trademark violation.
19. On nov. 9 , 2000 nintendo requested that Imagine media cease and desist from futher infringement. Imagine Media refused to comply with nintendo's requests.
20. remember, this wasn't a free article, this was a product, which imagine media was generating revenue, by sealing an infringement of another product.
21. Nintendo has not authorized or liscenced imagine media to make or reproduce the copyrighted material from nintendo's pokemon gold and silver games.
22. imagine media wilfully infringed and continues to wilfully infringe nintendo's copyrights and pokemon trademark.
23. all of these violate 17 U.S.C. 102 (5)(a)
Count 2 Violation of Lanham Act by false designation of origin: 15 U.S.C. 125 (a)
25. Defendant has offered for sale and cause products to enter interstate commerce with nintendos world famous pokemon trademark prominently displayed on the cover and spine Infrindging guide. Defendant also falsely and deceptively claimed a copyright in the entirety of the guide. Said use of the pokemon trademark and false claim of copyright ownership is a false designation of origin which will likely to cause confusion, mistake or deception as to affiliation, connection or association of defendant with nintendo and as to the origin, sponsorship or approval of defendant's product by nintendo.
43. defendant's said acts are in violation of 43(a) of the Lanham Act
28. defendants false designation of origin is knowing , intentional and willfully calculated to exploit the advantage of an established mark.
-There is definitely reason for this sue. Imagine should have considered the consequences before plagiarizing Nintendo's #1 franchise.
READ THIS, IF NOTHING ELSE:
NOW, Let me put it into perspective for the rest of you. Consider:
-You own a company.
-Your company produces a million-dollar gaming franchise (Pokemon).
-Your company is sold on high standards for all of their products.
-Another company produces a *very similar* player's guide for your #1 gaming franchise, using your trademark images and even entire pages from some of your company's publications.
-People buy their guide instead of yours, cutting into your profits and perhaps more importantly, corrupting people's view on your quality standards.
-*Even if* this doesn't hurt your profits now, if you don't take action to discourage this sort of conduct while you have the chance, there is a greater chance of you not being able to win the same lawsuit in the future based on the argument that you had let it slide in the past.
Now, back to the real world: Nintendo is battling in the next-generation console battle, just like Sony, Microsoft, and ::cough:: Sega. They *need* to keep their products at high standards and they cannot afford to let such infringement slide.
Nintendo had no choice, my friend. I hope you can see this now. Imagine Media are ignorant for publishing such a plagiarized publication, and then for not backing out of this in the first place.
Nintendo *had* to sue Imagine Media.
There is good reason for Nintendo's lawsuit. Read on to find out why.
Bear with me here, long post, law related, the real story......
1. This had nothing to do with anything posted on Daily Radar.
2. There was illegal use of copyrighted pictures, screenshots, and artwork in several items.
3. Nintendo WARNED them beforehand to remove these objects. imagine media refused.
4. this un-endorsed guide was very similar to Nintendo's guide, causing many infringments to copy right laws. Ex. Similar features, bears the subtitle "Complete strategy Gold & Silver"
5. Pokemon trademark and its entirety was on the cover in its classic way, again infringing nintendo's guide.
6. Words "trainer guide" In same style as on the pokemon manual (same)
7. The words "100% unofficial" appear in a smaller font then rest of cover, and appear above nintendo's prominetly displayed pokemon trademark.
8. Imagine media had 2 guides out, one for pokemon gold and silver. Only difference between the two is the color of the cover. each have illegal reproduced pokemon characters.
9. Imagine media has NO license to use any pokemon copyrighted tradmarks.
10. extensive copies (over 100) screen shots, (copyrighted) were used in this guide.
11. Combined screen shots were used.
12. illegal copied "gym heros" pokemon cards.
13. Copyrighted pictures (drawn) were used and reproduced in this section.
14. Artwork of "celebi" were illegal reproduced.
15. READ: Screen shots from pokemon stadium 2 are included in guide. these are the same exact pictures that were in Nintendo's space world guide, in same order/
16: Imagine media reproduced the same copy right notice in there guide as nintendos "pokemon Phamlet"
17: the guide breaks law 17. U.S.C 106
18: the style of the pokemon lable trademark on spine and cover, channels of purchase, nearly identical "trainers Guide" sticker is used. these violate 15 U.S.C 1125(a) (which is false designation) and violates 15 U.S.C. 1125(C) for trademark violation.
19. On nov. 9 , 2000 nintendo requested that Imagine media cease and desist from futher infringement. Imagine Media refused to comply with nintendo's requests.
20. remember, this wasn't a free article, this was a product, which imagine media was generating revenue, by sealing an infringement of another product.
21. Nintendo has not authorized or liscenced imagine media to make or reproduce the copyrighted material from nintendo's pokemon gold and silver games.
22. imagine media wilfully infringed and continues to wilfully infringe nintendo's copyrights and pokemon trademark.
23. all of these violate 17 U.S.C. 102 (5)(a)
Count 2 Violation of Lanham Act by false designation of origin: 15 U.S.C. 125 (a)
25. Defendant has offered for sale and cause products to enter interstate commerce with nintendos world famous pokemon trademark prominently displayed on the cover and spine Infrindging guide. Defendant also falsely and deceptively claimed a copyright in the entirety of the guide. Said use of the pokemon trademark and false claim of copyright ownership is a false designation of origin which will likely to cause confusion, mistake or deception as to affiliation, connection or association of defendant with nintendo and as to the origin, sponsorship or approval of defendant's product by nintendo.
43. defendant's said acts are in violation of 43(a) of the Lanham Act
28. defendants false designation of origin is knowing , intentional and willfully calculated to exploit the advantage of an established mark.
-There is definitely reason for this sue. Imagine should have considered the consequences before plagiarizing Nintendo's #1 franchise.
READ THIS, IF NOTHING ELSE:
NOW, Let me put it into perspective for the rest of you. Consider:
-You own a company.
-Your company produces a million-dollar gaming franchise (Pokemon).
-Your company is sold on high standards for all of their products.
-Another company produces a *very similar* player's guide for your #1 gaming franchise, using your trademark images and even entire pages from some of your company's publications.
-People buy their guide instead of yours, cutting into your profits and perhaps more importantly, corrupting people's view on your quality standards.
-*Even if* this doesn't hurt your profits now, if you don't take action to discourage this sort of conduct while you have the chance, there is a greater chance of you not being able to win the same lawsuit in the future based on the argument that you had let it slide in the past.
Now, back to the real world: Nintendo is battling in the next-generation console battle, just like Sony, Microsoft, and ::cough:: Sega. They *need* to keep their products at high standards and they cannot afford to let such infringement slide.
Nintendo had no choice, my friend. I hope you can see this now. Imagine Media are ignorant for publishing such a plagiarized publication, and then for not backing out of this in the first place.
lol... sounds like BT climing they inventnded the hyperlink and trying to charge ISP's for their use! :)
Maybe the Big N, just needs some cash and has decided they need to Sue someone. There was talk 5 years ago of Nintendo sueing people for making Tetris clones, but they never did as there are too many clones and so nobody appart from them have made big bucks from it! It would cost them more to sue everyone than it was worth.
It seems odd... tips have been given away in Magazines since C&VG first came into publication... Adventure games especially using these tips for tricky problems with the Hobbit, et al.
Although it seems odd that they should suddenly decide they dont like them... equally choosing an Internet only mag...
Maybe Daily Radar presented the tips in a way that suggested they were official Nintendo tips... or maybe they were copied out of one of their tip publications?
Since Daily Radar is a Future Publications mag... and the only other mags reporting on the inccident are other Future publications mags...
Although it seems odd that they should suddenly decide they dont like them... equally choosing an Internet only mag...
Maybe Daily Radar presented the tips in a way that suggested they were official Nintendo tips... or maybe they were copied out of one of their tip publications?
Since Daily Radar is a Future Publications mag... and the only other mags reporting on the inccident are other Future publications mags...
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