>>1410098>Why does Nintendo win?It's moreover due to a flaw in the US legal system. Most judges are boomers who dont believe software or video games should recive the same protection film and books do. Nintendo wins most of the time due to IP infringement, which is separate from "game idea" or concept. To do that you would need a patent (which is stupid) that lists your feature itself as an invention. The logo, title and characters within a game can be protected via copywrite however the concept behind a title is a lot more complicated to argue as any slight variation on it would pass in a court of law.
Here's an example.
>Super Mario Brothers is a Nintendo IP.>Super Mario Brothers Plumbing LLC Uses the name and the color scheme of the brothers along with some green pipes.>Nintendo sues, however plumbing wins. Why?>A. None of the assets used in the games were directly used by the company. They made their own graphics B. Nintendo is a games company, and Super Mario Brothers Plumbing is a repair company. The two properties are distinctive in their industry and in a court of law cannot be confused for one another C. Super Mario Brother's Plumbing does not claim to work for or with Nintendo illegally.What's funnier is if Nintendo ever tried to push their IP into the plumbing industry and used the same name the LLC could clap back and win using the IP they stole.
