Redmond, Wash.-based Nintendo of America, Inc., settled its trademark and design patent suit today against Los Angeles-based Nyko Technologies, Inc.
The Western District suit stemmed from Nyko’s “Wireless Nunchuck” game controller (later called “Kama Wireless Nunchuck”) used with Nintendo’s Wii video game console. Nintendo claimed Nyko’s use of NUNCHUCK infringed Nintendo’s use of its own NUNCHUCK registered trademark, which Nintendo also uses in connection with video game controllers.
Nintendo claimed a priority date of November 2006 and that Nyko first used its mark in May 2008.
Nyko counterclaimed for a declaration of noninfringement.
The parties had motions pending at the time they settled. Nintendo had moved for a preliminary injunction. Nyko had moved for summary judgment dismissing Nintendo’s claims for lack of standing.
Terms of the settlement are not public, except for their mutual dismissal of all claims and counterclaims. However, one report states Nyko can continue selling a redesigned version of its controller. A review of Nyko’s Web site also suggests that Nyko has dropped references to “Nunchuck” and that it now calls its controller the “Kama Wireless Controller.”
The case cite is Nintendo of America Inc. v. Nyko Technologies, Inc., No. 08-907 (W.D. Wash.).