Universal City Studios, Inc. v. Nintendo Co., Ltd., Nintendo of America, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the opinions of various commentators that the Donkey Kong video game theme loosely evokes the King Kong films is not indicative of customer confusion
• holding that a telephone survey of people who had purchased defendant's video game was too narrow to cover the correct universe, because the survey should also have covered those who were contemplating a purchase
• noting that where there is confusion as to source of junior user’s products, survey participants should be junior user’s consumers
• holding a survey to be “so badly flawed that it cannot be used to demonstrate the existence of a question of fact”
• noting that where there is confusion as to source of junior userʹs products, survey participants should be junior userʹs consumers
• “[J]uxtaposing fragments of each mark does not demonstrate whether the marks as a whole are confusingly similar”

Source: CourtListener parenthetical corpus (CC0).