Aug
Universal Sued Nintendo Over Donkey Kong & Things Got Messy
A Barrel of Legal Troubles: The Super Mario Bros. Movie Saga
In the 2023 rendition of The Super Mario Bros. Movie, the dynamics between Mario (Chris Pratt) and Donkey Kong (Seth Rogen) is more friendly rivalry than aggressive competition. However, flashback to the times when Mario was just “Jumpman,” and you’d find Donkey Kong kidnapping his girlfriend. Jumpman would then have to dodge barrels thrown by the raging ape to save her. This thrilling plot originated from Nintendo’s iconic game, ‘Donkey Kong’, launched on June 2, 1981. The game not only introduced comedic narrative and pioneered the platform genre but also solidified Nintendo’s dominance in American video gaming. However, it caught Universal Studios’ eyes for a different reason: copyright infringement over their King Kong film.
Nintendo’s First Copyright Hurdle
Interestingly, ‘Donkey Kong’ had its first copyright skirmish even before its release. Shigeru Miyamoto, Nintendo’s celebrated game designer, initially designed the game around the characters of the Popeye franchise. The idea was for Popeye to save Olive Oyl from the barrel-throwing antagonist, Bluto. However, copyright restrictions forced a change, resulting in the birth of Jump Man, Pauline, and Donkey Kong. The name “Donkey Kong” was chosen to signify a stubborn and dimwitted ape, debunking rumors that it was a translation error.
Coinciding with Dino De Laurentiis’ 1976 King Kong remake, Universal Studios, who was keen on capitalizing on the video game industry, saw the success of ‘Donkey Kong’ as an infringement opportunity. Their first step was to intimidate the smaller player, Coleco, a video game company which had licensed ‘Donkey Kong’ for their console, ColecoVision. After threats of legal action, Coleco’s president conceded to a 3% royalty deal.
The Legal Titan vs. The Rookie: Universal Faces Off with Nintendo
Turning their sights to Nintendo, Universal assumed they’d have an easy win. Nintendo, fresh in the US market, was perceived as the vulnerable newcomer. The giant Universal hoped to leverage this, expecting Nintendo to capitulate. Almost succumbing, Minoru Arakawa, who led Nintendo’s US division, contemplated settling. But Nintendo’s lawyer, Howard Lincoln, had other plans.
Lincoln found a twist in Universal’s claim. Previously, when Universal wanted to make their version of King Kong, they argued that the King Kong story was in the public domain. A judge agreed, stating the original King Kong novel, from which the 1933 film was adapted, was public domain. Universal was allowed to make their film as long as they didn’t breach copyrighted elements of the 1933 version. Lincoln recognized Universal’s double standard: championing public domain when convenient and crying copyright infringement when it wasn’t.
In essence, Universal’s strategy backfired, highlighting the intricate legal challenges in the entertainment world.
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