Nintendo is well known for being understandably protective over its products and trademarks, so it comes as little surprise that the gaming giant has taken legal action on a Kickstarter campaign found guilty of copyright infringement.
The ‘New Adventures Passport Travel Holder’ launched with a funding target of £1,000, giving backers a passport holder, luggage tags and lanyard for their cash. That might sound innocent enough on its own, but advertising promoted the product as a "cute animal pattern passport cover for your new adventures crossing the horizons!" (Emboldened words added for emphasis).
Oh, and it looks like this.
Yeah.
The Kickstarter page now reads, "New Adventures Passport Travel Holder is the subject of an intellectual property dispute and is currently unavailable". It reportedly managed to earn £34,000 in backer support before the shutdown.
A DMCA claim (Digital Millennium Copyright Act) can also be found online.
Nintendo owns copyrights in all aspects of its Animal Crossing video game franchise, including but not limited to the audio-visual work, imagery, and fictional character depictions covered by U.S. Copyright...
The reported campaign displays images of Nintendo's copyright-protected Animal Crossing characters and images in connection with the creation of products that make unauthorized use of Nintendo's Animal Crossing characters and images, all in violation of Nintendo's rights.
In other recent legal news, Nintendo has targetted a number of Super Mario projects in PS4 title Dreams, and had its request to dismiss a Joy-Con drift lawsuit rejected.
When will people learn not to mess with Nintendo, huh?
[source lumendatabase.org, via torrentfreak.com]
Comments 68
Maybe if they’d left out the leaf it would have been okay?
I dunno.
I mean, they were basically asking for it. This was blatant stealing.
This one is somewhat of a two-sided debate - legally it's certainly questionable but morally is a little hard to pin down.
How does the saying go?
"This is blatant copyright abuse by Mega corporations to suppress the creativity of the Average Joe!"
I think I got that right.
I mean, it was a blatant rip off of Nintendo's patterns, and trying to make money off of the Animal Crossing hype. So, they really shouldn't be surprised that it got shut down.
@Noid I would say it is pretty morally clear that you can't profit off of other people's work that they currently own without their permission.
As someone who grew up in the post-Soviet 90s, I couldn't feign surprise at the sight of a bootleg knockoff... but a crowdfunding campaign to sell bootleg knockoffs? Congrats, you've wowed me.
@Noid It is in no way difficult to pin down morally. Pinning it down morally is the easiest thing I've done in a while.
They actually look pretty good. I'd buy them. Authorized or not.
What about fangamer.com? They have a ton of stuff like this.
@Aurumonado It's all licensed.
@Aurumonado They license their products with creators and IP holders.
Yeah this is no surprise. That’s beyond fair usage by a long way.
@Noid that's why the legal system has no room for morals, you know the old saying "the law is the law, break it and pay the price"
There are some stupid people out there, who honestly thought this would ever see the light of day?
So, in a similar post I tried pointing out what recently happened to the Corona beer company. For those who don't know Corona lost billions of dollars a few weeks ago simply because of the name. That's it. Nobody caught the virus from drinking their beer, none of their employees reported any infections nothing like that at all. BUT simply because the name of the beer is the same as the name of the virus it cost these guys a crap ton of money despite the beer company legally owning the name and having it first.
Any simple, insignificant and absolutely ridiculous issue can cost a company a fortune. What you guys think is harmless creativity can be potentially devastating.
@Kitchener That and the Lanyard has actually Animal Crossing characters on it.
@FullbringIchigo except it does have room for morals, ever heard of unjust laws? shall i refer to 40-70 years in the past to cite examples?
People need to come up with their own ideas.
A pretty obvious case of copyright infringement. Nintendo will win this one easily.
@Ryu_Niiyama They had an idea, it was just built on a foundation of other people's work and effort. It's that second part that has them in trouble.
@Noid They are literally MAKING MONEY off of someone else's copyright. That's MORALLY and LEGALLY wrong.
@Darknyht that’s why I said their own ideas.
Ok...now people are just being plain stupid. It is very well known Nintendo has a very strict stance against this. Why insist?
Its a cute design. How hard would it have been to simply show it to Nintendo and ask for licence? There are so many accessory companies so I don't think it would be that hard to legally make this.
Good for Nintendo. I hate when other artists do crap like this. Surprised they thought they could get away with it so blatantly.
Lmao There's a not-so fine line between HOMAGE/PARODY and BLATANT IP THEFT.
They literally have AC characters on their commercial product.
Nintendo often seem too "protective" of their IPs, I don't believe they should use their massive legal budget to threaten and shut down non-profit fan games, for example, but in this case I'd say it's pretty justified.
Assuming they're not in trouble with court now, they could just transform anything original into something thay isn't a blatant rip off. All's well that ends well.
How appropriate that their pictures of their "totally not stolen intellectual property" product is holding a Chinese passport. This is more sketchy that a good deal from Tom Nook.
@earthb0und You're 100% correct. @ryancraddock , care to comment?
Isabelle looking at etsy
It doesn't help that one of the characters clearly resembles Peanut.
Their own fault for not approaching Nintendo first for a license.
@Paraka he was so creative he mocked an ip super popular atm. Creativity 100
Hmm this is kind of a grey area because they weren't really ripping off any intellectual property directly. This is just one of those situation where someone claims a design pattern is too similar to their own, but that can be very hard to enforce as you need to prove how they are utilizing brand recognition. I think the leaf design might be the only real problem they could enforce.
@Trikeboy Based on from what I have read of their old website, Nintendo does not accept, or even listen to, ideas from fans for anything, be they games or merch.
@AstroTheGamosian this isnt a fan thing, this is a company making things for profit
@Paraka This has nothing to do with creativity. If anything, it's laughably the opposite. There's nothing creative about stealing an existing intellectual property and trying to make a quick 30 grand on Kickstarter. If this person wanted to be creative, they wouldn't have used the color scheme, style, characters, etc from Animal Crossing. They would have made their own unique characters and sold it that way. But reality is that they were either too lazy to do that or perhaps more likely, they knew Animal Crossing fans would pay for what is effectively cheap knock off merchandise.
It's also pretty similar to some of the special edition and preorder stuff Nintendo actually made.
@TeddySwolesevelt Well and it isn't even creative. Creativity is making your own stuff, not copying licensed characters and merch. Easy money, sure. Creativity? No.
"Wah wah wah Why wont evil Nintendo let me STEAL their IP for a profit! Wah wah wah Nintendo is so selfish! Wah wah wah they are the only company doing this! Wah wah wah I'm sure Sony and Marvel would be okay if I ripped off Spider-man and Disney would be cool if I stole Mickey Mouse! Wah wah wah I hate Nintendo! Let me STEAL! Wah wah wah!"
sigh
@Thwomp_Stomper Not saying they can't or won't ever, because it's indeed possible. But I think, last I read, there was a publicized statement of Nintendo's stance at the time of being that they don't pursue these kinds of things until they are deemed "commercial". So an artisan crafter who makes things by hand using their own designs inspired by Nintendo IP are safe. It takes work and they only have so much production they can handle.
This, on the other hand was out and advertising and asking for money and sending cookie-cutter mass orders to a manufacturing plant and all that; a lotta commerce.
We see the same pattern elsewhere: the Mother 3 fan translation was not kept in secret, but it was also not advertised and broadcast and people weren't making their name off it. AM2R, on the other hand, was being spread around social media and making the rounds and the guy behind it was trying to get his name out there and talked about; very commercial.
@Deltath - That's... Kind of the point of the comment?
It's alarming how many people don't understand copyright law.
@DawgP All true. And another thing I try to always point out that most don't even know about, is that various companies have been literally trying to figure out ways to grab Nintendo's IPs for almost 3 decades now. Or at least somehow cash in on them. Ppl don't know but the whole gaming industry has crosshairs lined up on Nintendo because they are still the most successful gaming company even if not the most liked. The evidence?
Is there a Halo themed amusement park or Master Chief Land in the works? Lol If Nintendo ever fell, everyone in the entire business world would slaughter one another in a battle royale to acquire just Mario alone! That property is the absolute most valuable in entirety of consumer electronics entertainment. That's why Nintendo is overprotective. They are always under attack.
@Heavyarms55 trying to find it, where in the article is anyone complaining? "Wah wah wah Why wont evil Nintendo let me STEAL their IP for a profit!"
@LuigiBattleTank I'm talking about all the inevitable comments that show up whenever Nintendo protects their IP.
Another Kickstarter thinking they can get away with things.
@JayJ the lanyard literally has Animal Crossing characters right on it.
Why is it that everyone who likes Nintendo products sees every lawsuit they do as morally correct? It's not. There's a reason literally no other company pulls crap like this. It's inherently bad for the community and bad for the game. It looks bad and it's nuking free promotion.
@TJSpyke Doesn't seem like it, they seem to be cartoon animal characters inspired by AC but it's notably different.
@PlaybunnyLucy Some of them might not be, but if you are referring to this case specifically, I guess you need to learn what is the meaning of 'theft' / 'steal'. If you steal to donate it to the poor, it is good to the community BUT it is certainly ILLEGAL and it brings damage to the victim, not to mention this is even commercializing them.
@satanicangel "steal" when referring to intellectual property means you are denying sales to the main product. This is infringement, not theft, and most people agree the idea of infringement is archaic, stupid and stifling. It is a concept that solely exists because Disney pays millions in lobbying to keep it active.
It's inherently immoral and only illegal in name. Almost no business actually enforces it.
They have reached an agreement to remove the leaf from the design as that was the main focus of the infringement. The Kickstarter is back.
They did not steal or use official artwork of any kind. This design was very much inspired by AC but uses no official artwork. Everything is hand-drawn by them. They removed the main leaf from the design which could be misinterpreted as an official Nintendo product.
Well look at the passport, oh look China, King of the rip-offs.
@PlaybunnyLucy Are you an idiot? Maybe if this kickstarter wasn't making money off Nintendo's IP, it'd be different. But they're trying to profit off someone's hard work. Maybe you are a thief yourself? That's why you support it?
@DarkLloyd except it does have room for morals, ever heard of unjust laws? shall i refer to 40-70 years in the past to cite examples?
Try this Patent Infringment Copyright Protection there is nothing about morals here it's about violating the laws.
@glenny3214 you don't even know the botched legal framework, why should anyone take your position seriously?
I find out funny how they care so much about these, butt over seen countless Zelda and pokemon ones go through without any issues. If they are going to target these they need to hit them all.
@Radbot42
Yep. Takes 10 seconds to find another one like this that's flying under the radar https://www.kickstarter.com/projects/1864464733/gemstone-eeveelution-enamel-pins
@Steven_the_2nd so any leaf with a bite taken out of it is infringing on Nintendo copyright? I guess I'll go serve DMCA notices to every caterpillar in the garden. Two each, an extra for resembling Caterpie.
@glenny3214 it's not an argument. I'm explaining to you that you don't understand the law. There is no argument to be had, you are factually wrong in your legal argument. This isn't a debate or a fight. When it comes to law, you are wrong. End of story. You have to form a new argument based on the actual law now.
@LuigiBattleTank No need for the sarcasm... Its the leaf from the animal crossing logo. Also, that kickstarter is not infringement. That is fan art inspired by Pokemon. There is no correlation with that art style to Pokemon.
@Radbot42 There is a fine line between stealing official artwork or trademarked logos and creating artwork that is inspired by a licensed product and then selling that artwork.
The problem was they put the Animal Crossing trademarked and registered logo front and center on the folio.
@Steven_the_2nd I'm fairly certain Nintendo would serve a DMCA notice to https://www.kickstarter.com/projects/1864464733/gemstone-eeveelution-enamel-pins for "A set of cute eevee pokemon and crystal hard enamel pins." and what you refer to as fan art inspired by Nintendo.. as they did for this Kickstarter. You can't copyright an art style.... can you? I hope not. It is derivative work, I think that may be all that matters with copyright?
I don't mind either way is this the one? https://commons.wikimedia.org/wiki/File:Animal_Crossing_Leaf.png didn't look like it to me
@LuigiBattleTank you can certainly trademark it. Copyright, possibly, but it would need to be a very unique or recognizable art style.
They shouldn't really use the words Eevee or Pokemon in their Kickstarter, as they are trademarked, but I could see Nintendo reaching out and contacting them to remove those words. The art I could see them not having an issue with it because it has nothing to do with the art style. The colors are slightly off as well.
The AC passport holder used the exact logo with some lines in it, where as these pins do not use anything official on the pins themselves.
@Steven_the_2nd Yeah I agree. I actually quite like both the Kickstarters. Stay safe and all the the best.
@Trikeboy the thing about that is. It's a cute design, but Nintendo has options. One option is to buy the idea and make it (which might not involve the idea creators anymore and would probably cost way more then what the Kickstarter was going for despite Nintendo as a company being able to secure better trade deals that would make it cheaper to make.
Then there is the other option. To not buy the idea, but take it anyway, claim they always had the idea and just didn't use it for whatever number of reason, then it would be small potatoes against the giant decimating legal team of Nintendo to prove if Nintendo stole the idea or just decided to implement a "similar but not so exact that it's outright copying" idea to spite them. Which is perfectly legal.
Big companies steal ideas from little companies all the time and get away with it cause they have more clout.
By this logic, Nintendo also own the porn too.. I'd love to see their reactions to that stuff, Nintendo are literally the worst company out there. Can't let anyone have any fun, reminds me of my father, if he's not happy no one is allowed to be happy...
@Steven_the_2nd
How about these
https://www.kickstarter.com/projects/suugrstudio/animal-crossing-enamel-pins-and-patches?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/919197774/animal-crossing-enamel-pin-0?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/majesticmagicshop/animal-crossing-chrissypin?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/slimewear/animal-crossing-new-horizons-villager-pins?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/magicalgirlisabelle/isabelle-anime-crossover-pins-sailor-moon-and-card-captors?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/taigatownart/pokecrossing-new-adventures-acrylic-standees?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/happyacorn/poke-crossing-enamel-pins?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/sorbetjungle/jungle-crossing-an-enamel-pin-collection?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/1158445160/animal-crossing-acrylic-pins?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/1158445160/animal-crossing-acrylic-pins?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/norfolkpins/animal-crossing-macaroons-the-mini-bakery-is-open?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/beestudios/living-the-dream-animal-crossing-inspired-pin?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/tinkalila/animal-crossing-washi-tape?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/robskay/animal-crossing-trees-enamel-pins?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/miraiwondercafe/animal-crossing-tourist-pins?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/norfolkpins/animal-crossing-love-heart-enamel-pin-set?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/maiyunbby/animal-crossing-friend-frames?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/spacetaxi/lets-play-animal-crossing-pins?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/norfolkpins/animal-crossing-love-heart-enamel-pin-set?ref=discovery&term=animal crossing
https://www.kickstarter.com/projects/teasuii/animal-crossing-switch-hard-enamel-pin?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/sugarnymph/cake-crossing-gold-enamel-pin-collection?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/sugarnymph/cake-crossing-gold-enamel-pin-collection?ref=discovery&term=animal crossing
https://www.kickstarter.com/projects/rejam/vacation-juice-clear-vinyl-stickers?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/whitneyfenwick/sure-ill-draw-your-portrait-animal-crossing-style?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/ducharmedoodles/ac-mini-pins?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/naytendo/animal-crossing-tamagotchi-acrylic-charms?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/mechacute/animal-crossing-enamel-pins?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/peachyvillager/tom-nook-tamagotchi-enamel-pin?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/make100villagers/make-100-villagers?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/tokyoshojo/animal-crossing-enamel-pins-1?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/chibikarisa/plushie-animal-crossing-enamel-pins-isabelle-and-t?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/switchacnhpins/switch-animal-crossing-new-horizons-enamel-pins?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/coralwitch/pastel-pocket-animal-crossing-themed-pin-set?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/849499842/animal-crossing-enamel-pin?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/poroful/animal-crossing-enamel-pins-and-stationary?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/poroful/animal-crossing-enamel-pins-and-stationary?ref=discovery&term=animal%20crossing
https://www.kickstarter.com/projects/mechacute/ac-pins-kickstarter-part-2?ref=discovery&term=animal%20crossing
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