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Nintendo successfully sues family for 2.3 million over knockoff Halloween costumes. Oh my. They really did it.
Remember that family that got slapped with a cease and desist from Nintendo for Trick or Treating in Nintendo costumes? Well it seems like their luck went from bad to worse when a fifth circuit judge upheld Nintendo’s lawsuit, successfully suing them for 2.3 million over damages sustained from homemade costumes which attorneys state “Damage the Nintendo brand”.
Nintendo Lawyer Mark Goldstein states:
In order to use or represent the characters legally, you must request permission from Nintendo Enterprises. If you want to knitt a Mario costume for your child I suggest you buy one from party City which contains the official Nintendo seal. You think you’re going to have Grandma make a Kirby costume? Not on our watch. Don’t gamble.
Goldstein continued,
Alas, these werenât look-a-like costumes where it could be argued that they werenât infringing on Nintendo’s trademark and copyright. They clearly represented Nintendo’s characters. We are not very sympathetic to someone who lives practically next door the Nintendo’s State Side headquarters and claims to not know what they were doing would upset Nintendoâs lawyers. Not to mention impacting the magic of kids and families who we’re out trick or treating and expected to see real Nintendo quality characters and instead were surrounded by those shoddy eBay knockoffs instead.
The Richardson family had to hand over any and all Nintendo merchandise, which includes their child Michaels Nintendo game collection of 147 Super Nintendo games. As well as any other Nintendo related merchandise.
After repossessing their vehicles and selling their home through asset forfeiture, the Richardson’s still owe $220,000 to the Nintendo Giant. But at least they avoid any jail time. The last thing the Richardson’s must do is forgo any and all tax returns until the balance of the lawsuit settlement is justified. This punishment is also levied on their children once they become of rightful age to gainfully be employed.
