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UNIVERSAL CITY STUDIOS, INC. v. NINTENDO CO. LTD.

No. 82 Civ. 4259 (RWS).

615 F.Supp. 838 (1985)

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

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

July 29, 1985.

Attorney(s) appearing for the Case

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

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

OPINION

SWEET, District Judge.

From the outset, this case has involved two gorillas, King Kong and Donkey Kong, and the rights of their respective owners, plaintiff Universal City Studios, Inc. ("Universal"), and defendants Nintendo Co. Ltd. and Nintendo of America, Inc. (collectively "Nintendo"). Universal initially sought to enjoin Nintendo from selling its Donkey Kong electronic arcade game, claiming that the game infringed Universal's rights in King...

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