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

Thu, Nov 11th 2010 8:24am — Mike Masnick

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.

Filed Under: donkey kong, trademark
Companies: nintendo

11 Comments

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Daryl, 11 Nov 2010 @ 8:29am

It's on like Donkey Kong, Biatch.

- Steve Stifler
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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.
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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?
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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?
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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.
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- 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).
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Mojo, 11 Nov 2010 @ 10:56am

So can I still trademark "Get on my Donkey Dong?"
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- 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.
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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.
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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".
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Dr Evil, 22 Nov 2011 @ 9:19pm

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