No. 82 Civ. 4259 (RWS).

578 F.Supp. 911 (1983)

UNIVERSAL CITY STUDIOS, INC., Plaintiff, v. NINTENDO CO., LTD. and Nintendo of America, Inc., Defendants.

United States District Court, S.D. New York.

December 22, 1983.

Attorney(s) appearing for the Case

Townley & Updike, New York City, for plaintiff; Douglas C. Fairhurst, Mary D. Faucher, Sandra Edelman, New York City, of counsel.

Mudge, Rose, Guthrie, Alexander & Ferdon, New York City, Sax & Maciver, Seattle, Wash., for defendants; James L. Magee, Seattle, Wash., John J. Kirby, Jr., Thomas G. Gallatin, Jr., Shelley B. O'Neill, Catherine E. Palmer, New York City, of counsel.

SWEET, District Judge.

This is a dispute over two gorillas. Defendants Nintendo Co., Ltd., a Japanese corporation, and Nintendo of America, Inc. (referred to herein collectively as "Nintendo"), have moved for summary judgment to dismiss the trademark and unfair competition complaint of plaintiff Universal Studios, Inc. ("Universal"), a California corporation which seeks to enforce certain rights with respect to King Kong.

Nintendo's gorilla appears in a video...

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