Publicity Stunt On Like Donkey Kong, After Nintendo Files Trademark For 'It's On Like Donkey Kong'

from the it's-on-like-a-promotional-stunt dept

It appears that Nintendo has filed for a trademark on "It's On Like Donkey Kong," the popular catchphrase that apparently became popular when Ice Cube used it in a song. Nintendo, of course, has a reasonable trademark on "Donkey Kong" itself. But on that phrase? That seems pretty questionable. Of course, a pretty big clue as to why Nintendo is doing this is covered in CNN's article about the trademark application: this trademark application just happened to have been noticed "just days before the latest Donkey Kong [game] is to be released." Ah, trademark abuse for publicity.
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: donkey kong, trademark
Companies: nintendo


Reader Comments

Subscribe: RSS

View by: Time | Thread


  1. identicon
    Daryl, 11 Nov 2010 @ 8:29am

    It's on like Donkey Kong, Biatch.

    - Steve Stifler

    link to this | view in thread ]

  2. identicon
    Anonymous Coward, 11 Nov 2010 @ 9:14am

    Reminds of that one time when Universal tried to bully (through lawyers, of course) Nintendo by claiming that Donkey Kong infringed on King Kong.

    link to this | view in thread ]

  3. identicon
    Dino Baskovic, 11 Nov 2010 @ 9:37am

    But it's been "on" before, right?

    I would love for an IP attorney to weigh in on this. If the trademark is approved by the USPTO, then Nintendo has a legal obligation to pursue every use of the phrase that would infringe upon the mark in such as way that causes irreparabe damage to Nintendo. Is that wise legal strategy, to embroil the company in additional litigation, perhaps unnecessarily?

    Plus this is an example of a catchphrase in the mainstream, and a positive one at that as far as the brand is considered. Nintendo should be so lucky. So would the USPTO reject the mark based on that?

    link to this | view in thread ]

  4. icon
    scarr (profile), 11 Nov 2010 @ 9:44am

    Can Nintendo show any example(s) of *them* using it? How does it have anything to do with their trade?

    link to this | view in thread ]

  5. icon
    Chris Ball (profile), 11 Nov 2010 @ 10:20am

    Limitations on trademarks

    Let's not forget, a trademark only comes with the exclusive right to use it in a particular trade. This isn't like Nintendo would get the right to stop anyone else from using the expression "it's on like Donkey Kong"--only to stop anyone from using it in such a way that it might be misleading or confusing. I feel like Nintendo has a legitimate interest in preventing, say, Sony or Microsoft from using "it's on like Donkey Kong" to market their competing video game systems.

    Now that's not to say that trademarks aren't often abused by rights-holders making unjustified threats, but I don't think registering and using a mark like this inherently abusive.

    link to this | view in thread ]

  6. icon
    scarr (profile), 11 Nov 2010 @ 10:46am

    Re: Limitations on trademarks

    They already have a mark on "Donkey Kong", so Sony and Microsoft can't use that game name anyway (not that they'd want to).

    link to this | view in thread ]

  7. identicon
    Mojo, 11 Nov 2010 @ 10:56am

    So can I still trademark "Get on my Donkey Dong?"

    link to this | view in thread ]

  8. identicon
    Anonymous Coward, 11 Nov 2010 @ 1:02pm

    Re:

    If your penis tosses barrels, then yes, there would be some distinct similarity issues. I strongly suggest adopting some more unique, alternative objects to toss with your penis. Perhaps ball point pens, or dry cat food, maybe paper cups with pictures drawn on them.

    link to this | view in thread ]

  9. identicon
    anonIPattorney, 11 Nov 2010 @ 5:17pm

    Dino: Nothing in the law requires a trademark holder to file additional applications for registration covering phrases that use a mark it owns. It, of course, can register such variations for strategic reasons--but law doesn't obligate it to do so. Indeed, that's, in part, what the likelihood of confusion legal test for trademark infringement is designed to prevent. The law does, however, require you to "protect" the marks you own. As for trademarking a popular phrase . . . "Just do it." I don't see anything special about this.

    link to this | view in thread ]

  10. identicon
    Josh Taylor, 11 Nov 2010 @ 6:10pm

    Uh, Oh Brooks and Dunn are going to get sued by Nintendo

    Brooks and Dunn are in big trouble for using Donkey Kong in their lyric "The Honky Tonk".

    link to this | view in thread ]

  11. identicon
    Dr Evil, 22 Nov 2011 @ 9:19pm

    copyright vs trademark

    so, shouldnt Nintendo be sued for violating Ice Cube's copyright on the phrase?

    link to this | view in thread ]


Follow Techdirt
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Discord

The latest chatter on the Techdirt Insider Discord channel...

Loading...
Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it
Close

Email This

This feature is only available to registered users. Register or sign in to use it.