Popular Tourist Go-Kart Company in Tokyo Loses Lawsuit Appeal Against Nintendo

Perhaps they'll re-brand it as Great Giana Sisters Kart.

They should rename it to SonykRace or CashTimRacing

As I am already saving to go to Nintendo Land, dam right I want a mariokart ride!

When a kart is low on petrol, it would be ironic pulling into a Shell station.

@GrailUK Badooom......tsch!

@WiltonRoots that's irony mate, not a gag. No drum roll necessary.

Even if they were in their right to do this, there's no way Nintendo would've allowed them to win this case. Too much is riding on Nintendo IP. The Olympics are in Tokyo NEXT YEAR, they can't let some random 3rd party company do as they please in the streets. It would set a HORRIBLE precedent for every company in Japan trying to make a quick buck. This had to be squashed fast.

Plus, Nintendo World opens simultaneously with the Olympics at Universal Studios Japan, where a Mario Kart attraction is sure to be a main feature. MariCar didn't have a snowballs chance in hell of getting out of this

@GrailUK tickled me though!

Yeah think an mario kart attraction is the best way to experience mk irl

I saw groups of these people twice in Tokyo last month. Now they are dressed as other characters like Spider-Man and animal costumes. Also, all the cars have a big sticker on the side that say something along the lines of 'Not Endorsed By Nintendo'

Other companies have started up similar services in Tokyo that aren't wrapped up in Nintendo IP, just karts in costumes unrelated to Nintendo. Source: they drive past my apartment all the time.

The Shinjuku VR Zone Mario Kart is better anyways!

Okay I was in Tokyo over Golden week and I can personally confirm that they DID NOT follow through with that order to stop using the Nintendo themed costumes.

I saw them driving around several times. Though the karts were clearly labelled "not affiliated with Nintendo", like half of them were still wearing Nintendo themed costumes.

@KennyBania I was there too, some of them were still wearing Nintendo costumes. I saw Yoshi and Luigi several times.

Not under maintenance any more, but there are no photos of people in Mario costumes, and it's called "Street Kart" now

@Heavyarms55 Oof.

@TheAwesomeBowser I am not sure what exactly that gif is suppose to mean but... okay?

@Heavyarms55 Lemme explain: "Oof" is something people say when something ironic or silly happens. The gif I used is typically used in conjunction with "Oof". Nintendo ordered these people to stop using Nintendo branding, but they still did like you said which is an example of irony.

@Sephazon

MariCar’s website works for me, at 12:12 UTC, 3h27m after you published the article.

They were asking for trouble the moment they went with the name 'MariCar'.

Absolute no brainer from Nintendo, they need to protect their ip and distance themselves legally from what is quite a risky activity from a health and safety standpoint. I mean, driving a kart on the roads with other vehicles, no roll cage protection and no helmets? I love it but it’s madness and someone will get hurt.

I think that's a disgrace, shame on you Nintendo. I'm going to sell my switch in protest and buy that phone thing that was on here yesterday!

@ItsOKToBeOK It's the law that doesn't let them get away with it. If the law didn't support the idea of protecting identities through things like trademark, Nintendo couldn't do much (assuming Japan is not openly corrupt and judges can impose random sanctions for random reasons)

I absolutely support Nintendos ability to do this. If I see a company's mascot in a commercial setting (or other setting where the mascot is used for associating it's reputation with some other activity, except for the purpose of expression of opinions which takes precedence), I assume the associated activity is endorsed by said company. I believe this kind of identification is pretty foundational to how our society functions.

Next Nintendo is going to go after kids trick or treating. "If you wear a costume related to a Nintendo character, be prepared to be sued for an IP violation" - Nintendo

@JayJ Even without costumes, I think that trick or treating is outright blackmailing and everyone should go after such kids!

Can't say I'm surprised that this is how it ended. Whether or not this is right or wrong, they're still capitalizing on an IP that they don't own or have any affiliation with.

How could anyone who loves Wario or Waluigi disapprove of this business venture?

@Chandlero lol no mercy for the IP violators who extort candy out of people. Nintendo is going to put an end to it!

I don't blame Nintendo for doing this. People that don't look too much into it might think that Nintendo is running this, and could stop trusting them if something goes wrong.

Yeah...epic fail, good luck trying to find favor after blatantly ignoring the court's decision (you can't just do whatever you want because you feel like it, sorry that's not how things work).

Can't legally use another's IP, though copyright claims aren't always pursued. And if money is involved all the more likely you'll get called out for it

There's no doubt that their attraction would be less popular had they not used Nintendo-themed costumes, all the more reason for their infringement to be stopped. In other forms of media, if you want to use another character's IP as a guest character or for a promo, you have to pay that company for the rights to use their character. Same situation here, if they wanted to use Nintendo-themed costumes, they need to confront Nintendo and work out an agreement to legally do so.

Nintendo-themed halloween costumes can be different, if they're official, then it's licensed by Nintendo (whatever company made the costumes worked out some deal to give some commission/profits to Nintendo to use their IP). If they're unofficial, technically it's not legal, but Nintendo will likely not do anything about it because they aren't losing money on it, and instead it could be good/free promotion for them. Either way, it's in Nintendo's right to decide as copyright owner. Same with Youtube and the Nintendo's creator's program. People didn't like it, thought it could be more detrimental in the long run, and maybe it was or is. Doesn't change that Nintendo is the copyright owner and so they have that option to decide best how their IP should be presented. Fanart tends to get a pass for this reason, but selling it crosses a line and into territory where Nintendo could stake a claim. Some exceptions on if it's a parody, but I don't know the fine rules for that.

Now they have superhero outfits...oh, snap, that's gonna end well.

Good. Now they can do the same for the copy cat company in the us. I like how their website says patent pending. Nobody better rip them off!

Nintendo should partner with them and allow the service to keep going, but with approval.

@victordamazio nah someone would sue Nintendo after getting mangled if they were any part of this. It happens.

If they could sue you for playing their games they would.