Japan’s Intellectual Property High Court has sided with Nintendo in its long drawn out lawsuit against a Tokyo-based go-kart rental company. The company, previously known as MariCar, has been ordered to pay Nintendo 50 million yen (approximately $460,000) for infringing on the Big N’s IP rights.
This brings to a closelegal action that started in 2017, when Nintendo began proceedings against MariCar contesting both the name of the company and the unauthorized use of costumes bearing the likeness of Nintendo characters. While an initial judgment determined that the name ‘MariCar’ was not a widely used abbreviation for theMario Kartseries, the use of unauthorized Nintendo character costumes is something MariCar could not hide from.
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For using the costumes not only for customers but also in promotional materials, MariCar was ordered to pay 10 million yen ($92,000) in September of 2018. That number ballooned to 50 million yen after a further ruling was reached in June of last year. In addition, MariCar was ordered to remove all likenesses to Mario series characters, as well as remove the name MariCar from all branding and promotional materials. While it might seem petty to go after a company so small, Nintendo is within their legal rights to protect their franchises. WithMario Kart 8 Deluxea top seller for the Switch andMario Kart Tourtopping the iOS download charts for 2019, this franchise is one Nintendo values highly.
MariCar was given a reprieve by appealing the June 2019 ruling and changing its name to Mari Mobility Development. Along with a rebrand to the public side of the company to Street Kart, Mari Mobility looked to avoid having to pay Nintendo the damages owed. Despite their efforts to distance themselves from the MariCar name and no longer offering the unauthorized costumes, their appeal was denied this week and the company will have to pay up.
Nintendo is known as a company that fiercely protects its intellectual property. Whether the infringing party is a fan remaking aMetroidgame, a go-karting business,or a rapper hawking counterfeit consoles, Nintendo shows no mercy when it comes to protecting their franchises.
Street Kart continues to operate in Tokyo, offering its tours around popular neighborhoods in the Japanese capital. The company has made it clear on its website that “Street Kart is in no way a reflection of Nintendo, the game ‘Mario Kart.'” This means that tourists and Japanese folks looking for thatMario Kartexperience will just have towait until Super Nintendo World opens upthis summer.
