Nintendo awarded damages and injunction against public road go-karting with Mario costume

On September 27 2018, Tokyo District Court ruled in favor of the claim by Nintendo against a company which had lent costumes of Nintendo’s game characters such as Mario to make its customers ride a go-kart on public road under the name of “MariCar”. The defendant appealed to IP High Court the next day, September 28. Here is the summary of the decision. – Prohibit the use of marks such as “MariCar” The court recognized that a Japanese expression for “MariCar” (i.e. “マリカー”) is a well-known mark as an abbreviated mark for Nintendo’s game “Mario Kart”, and issued an injunction against the use of marks “マリカー”, “MariCar” and two other […]