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Nestle accused of copying Atari game Breakout for 'Kit Kat' ads

It was created as a successor to "Pong" by Steve Wozniak with help from Apple co-founder Steve Jobs

Reuters 

Nestle accused of copying Atari game Breakout for 'Kit Kat' ads

 A new lawsuit accuses SA of blatantly violating the rights of by using without permission the classic 1970s video game "Breakout" in a new marketing campaign for its Kit Kat chocolate-covered wafers.

In a complaint filed on Thursday in federal court in San Francisco, said knowingly exploited the "Breakout" name, look and feel through social media and a video, hoping to leverage "the special place it holds among nostalgic Baby Boomers, Generation X, and even today's Millennial and post-Millennial 'gamers.'"

did not immediately respond to requests for comment after regular business hours.

Created as a successor to "Pong" by with help from co-founder Steve Jobs, "Breakout" requires a player to knock down rows of coloured bricks with a paddle.

According to Atari, "simply took the classic 'Breakout' screen, replaced its bricks with Kit Kat bars, and invited customers to 'breakout' and buy more candy bars."

Atari's complaint includes a link to an ad for Kit Kat Bites, titled "Kit Kat: Breakout," showing adults and children seated on a coach, using paddles to knock down Kit Kat bars. ((https://vimeo.com/204352144))

"The infringing conduct in this case is so plain and blatant that cannot claim to be an 'innocent' infringer," the complaint said. "knew exactly what it was doing."

accused of copyright and trademark infringement and unfair competition.

It is seeking three times Nestle's profit from the alleged infringement, plus triple and punitive damages. SA, UK and USA were named as defendants.

The case is Interactive Inc v SA et al, U.S. District Court, Northern District of California, No. 17-04803.

 

(Reporting by Jonathan Stempel in New York; Editing by Leslie Adler)

First Published: Fri, August 18 2017. 15:37 IST
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