This is a case concerning trademark infringement brought by Universal, who owned the rights to the name and character of King Kong, against Nintendo, who produced the famous game, Donkey Kong. Universal claimed that Donkey Kong infringed on the name and character of King Kong. After comparing and inspecting both the Donkey Kong game and the King Kong movies, the trial court found that the differences between the two were great and that Donkey Kong was clearly a parody of King Kong. The trial court found that there was no likelihood of consumer confusion between the two and therefore granted summary judgment. The appellate court agreed.
1. Who are the parties to this case? What type of business organization is each party? How do you know?
2. Why did Universal sue Nintendo?
3. How did the court distinguish "King Kong" from "Donkey Kong"?