Jump to content

Tokyo based MariCar loses court case against Nintendo


Recommended Posts

Not sure entirely how I feel about this kind of thing.

 

On the one hand, Nintendo is well within their rights to take steps to protect their brand from potential misrepresentation. On the other hand this just kind of feels... petty?

 

Jim Sterling goes on and on about this kind of thing better than I could, but at the end of the day, sometimes I think it’s in a company‘s best interests to let sleeping dogs lie. What doesn’t hurt your brand often just makes it stronger, especially in a case like this where all they’re doing is dressing up. Unless Nintendo Japan feels this is taking away attention from... what, Universal Studio’s future Nintendo theme park? Maybe I would understand this situation better if I knew what is already done in Japan. As in, is there an official Mario Kart tour this is taking customers from?

Link to comment

I think the problem is that Maricar actively used Nintendo related brands to promote their services.  Granted, Mario Kart is a pretty big deal even today and so there is benefit in sort of indulging that interest and nostalgia while also continuing to promote what Mario Kart is about with an experience that is about as close as you can get outside the games.  On the other hand, they're still using Nintendo's properties to do so.  At first I figured it was an issue of the company specifically asking for people to dress up as Mario Kart characters or something like that but if they're actually providing costumes designed after Mario characters to realize that experience then I can't exactly fault Nintendo for going after them.  I'm curious if they were given a cease and desist at some point though so that they would have an opportunity to at least stop the part where they are using likenesses of Nintendo's own brand to promote the service.

Link to comment

Maybe if the costumes were really bad or offensive I could see a need to go after them for that alone, but I feel like this is kind of like writing fan-fiction: technically within their right to stomp out for misrepresentation, but why bother unless it will affect the bottom line? Unless they’re taking away actual business from Nintendo, I’m not sure what this is hurting.

Link to comment

I'd chalk it up to a risk management kind of thing.  It doesn't have to be a situation that is immediately relevant but protecting their brands from any future impact of an adverse scenario.  Say an accident or something happens with this tour service, granted Nintendo has no direct involvement with it but it could still hurt their brand if the news surrounding the accident continues to cite their properties alongside the more relevant info. It's an extreme example but the kind of thing that can happen where Nintendo can be affected in some form even without direct responsibility for it.

Link to comment

Personally, I'm surprised Nintendo didn't consider a partnership with them first as an offially licensed Mario Kart race simulator or something like that.

 

But of course any damages to other vehicles would really be a hindrance when you think about it.

 

But that's just my thought.

Link to comment

Nintendo is fiercely protective of their brands, and their upper management is full of traditional-minded Japanese businessmen. They don't want anyone in control of their narratives--anyone making any decision without them having a veto.

 

What they see is a go-kart company that might not stay on top of their safety regulations, and someone could get hurt, and we'd get headlines about Mario Kart killing people. I agree that Nintendo is overreacting as usual, and the benefits of this type of fan-advocacy vastly outweigh the risks which virtually never spiral out of control... but from a very conservative PR standpoint, that's the thought process.

Link to comment

They're trying to prevent brand dilution.  Nintendo has every right to this and I'm so glad they shot this thing down.  As one of the select few who actually still cares about the longevity and integrity of the Mario brand, I'm behind Nintendo all the way here.

 

If this Tokyo company want to do something similar, make another idea that isn't a rip-off.  They need to use their friggin noggin.  Innovation is in short supply these days.

Link to comment

And you're special for harboring petty grudges and flaunting your moddyiness like it actually meant something. Go play with your Fire Emblem barbies.

 

Real professional there trying to instigate the very members you're trying to moderate.

Edited by The Ultimate Mario Fan
Putting Yoshirider123 in his place
Link to comment

I think a lot of people here seem to be missing the real reason Nintendo went after these guys. They were using Nintendo properties to generate profit for themselves. That’s a huge no no in the business world. If you’re running a business and making money off of said business you should never ever use someone else’s IP without express permission or you’re just asking for trouble. Theres nothing wrong with go-kart tours, and they’ll most likely still operate as a business without the Nintendo character branding. 

 

Its also worth noting that an $89,000 fine is chump change and is a good way of telling another business to knock it off. 

 

1 hour ago, The Ultimate Mario Fan said:

And you're special for harboring petty grudges and flaunting your moddyiness like it actually meant something. Go play with your Fire Emblem barbies.

 

Real professional there trying to instigate the very members you're trying to moderate.

 

There is a pretty good saying that would fit here. It goes something like: “when everyone else seems like an asshole, maybe it’s you that’s the asshole”. 

 

Attacking the the lead admin and site owner isn’t the brightest idea. 

Link to comment

Fair point, Ace. Of course, Nintendo has every right to protect their IPs. And yes, it is chump change, especially if the tour company was making a lot of money off the use. They really should have  asked to use the IPs, especially for business purposes. And of course, respect Nintendo’s wishes if refused.

 

I think in the internet age fair use is an important albeit quite limited concept, but yeah it’s true that this isn’t a fair use issue. I only say that because this isolated event happens in conjunction with the ongoing “war on memes”, and such, which is really where my mixed feelings comes from.

Link to comment

Nah, not interested in entertaining petty remarks from people who don't know any better than carelessly derailing a thread from them. I'm just here to say it is not healthy or something to act proud of to care so much about brands, even as a fan.

 

Nintendo's actions are reasonable and it's fair enough to agree with them, but I also believe it's important to remind ourselves that we're just consumers or hobbyists, not corporate shills or cheerleaders. I just find it pretentious to proclaim oneself as one of a select few who cares about brand integrity or whatever. Let's not take away any more than that and keep it as food for thought for the discussion.

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...