Nintendo won the public road cart 'Maryka', damages compensation is 10 million yen

Nintendo is infringing the intellectual property rights owned by the Tokyo District Court for a lawsuit seeking injunction against the "Marya" of public road cart rental service and for damages caused by a series of acts I was raising it. The judgment went down, Nintendo won the game, Maryka was prohibited from lending costumes of characters such as Mario, and payment of damages was ordered.

News Releases: Tokyo District Court Judgment on Acts of Using Intellectual Property Accompanying Rental Service of Public Road Cart
https://www.nintendo.co.jp/corporate/release/2018/180927.html

On February 24, 2017 Nintendo filed a lawsuit in Tokyo District Court seeking injunction against unfair competition and copyright infringement by the public road cart "Makika" and for damages. The public road cart "Marika" used services such as "Nomendo's Mario" which is an abbreviation of Nintendo's popular game series "Marika" as a company name and a mark and lending a Nintendo character's costume without permission from Nintendo It was.

Nintendo's arguments when filing a lawsuit are as follows.

In this lawsuit, when defendant companies provide rental services for public road carts, we have declared the mark "Marika", which is an abbreviation of "Mario Kart" widely known as the series of racing games that we manufacture and sell, In addition, when the defendant company rents a public road cart to that customer, we lent a costume of a famous character such as our "Mario", and then the image or video of the costume was taken We use it for advertisement and sales without obtaining our permission, but we insist that such an act corresponds to unfair competition and copyright infringement acts against us.

It has become apparent that Nintendo won the ruling in this lawsuit. According to the release of Nintendo, "In Tokyo District Court, after acknowledging that the mark" Marika "etc. is widely known as the Company's product indication in relation to the consumers of the defendant company, the defendant company On the contrary, injunction of unfair competition (for example, it is exemplified in the sentence that procurement of the costume of characters such as Mario etc in the business activities of the defendant company is prohibited) and the compensation of damages The court ordered the payment etc .. "It seems that the public road cart" Maryka "is prohibited to lend out the Nintendo character's costume as a part of the service and it is necessary to pay damages.

According to the Yomiuri Shimbun, Nintendo sought damages of 10 million yen against public road cart "Marya", and the Tokyo District Court announced that it ordered full payment as requested.

Marika lawsuit, orders payment of 10 million yen to Nintendo: society: Yomiuri Shimbun (YOMIURI ONLINE)
https://www.yomiuri.co.jp/national/20180927-OYT1T50128.html

It is reported that Nintendo won the public road cart "Marya" even overseas game related media, Kotaku said "public road cart" Maryka "is popular among tourists from abroad and has gained high evaluation "The accident caused by tourists triggered the copyright problem" reports.

Nintendo Wins Lawsuit Against Tokyo's Totally Unofficial Mario Kart
https://kotaku.com/nintendo-wins-lawsuit-against-tokyos-totally-unofficial-1829354328

Polygon is introducing that the public road cart "Maryka" became famous overseas also with actor Hujjeekman's tweet , "When Hujjeekmann saw it in town (May 2017) it still ran." .

Nintendo wins lawsuit against Tokyo's 'Mario Kart' tour company - Polygon