Nestle accused of pilfering Atari 'Breakout' game for 'Kit Kat' ads

Atari SA

18/08/2017 01:47

By Jonathan Stempel 
    Aug 17 (Reuters) - A new lawsuit accuses Nestle SA  NESN.S  
of blatantly violating the rights of Atari  ATAR.PA  by using 
without permission the classic 1970s video game "Breakout" in a 
new marketing campaign for its Kit Kat chocolate-covered wafers. 
    In a complaint filed on Thursday in federal court in San 
Francisco, Atari said Nestle knowingly exploited the "Breakout" 
name, look and feel through social media and a video, hoping to 
leverage "the special place it holds among nostalgic Baby 
Boomers, Generation X, and even today's Millennial and 
post-Millennial 'gamers.'" 
    Nestle did not immediately respond to requests for comment 
after regular business hours. 
    Created as a successor to "Pong" by Steve Wozniak with help 
from Apple co-founder Steve Jobs, "Breakout" requires a player 
to knock down rows of colored bricks with a paddle. 
    According to Atari, "Nestle simply took the classic 
'Breakout' screen, replaced its bricks with Kit Kat bars, and 
invited customers to 'breakout' and buy more candy bars." 
    Atari's complaint includes a link to an ad for Kit Kat 
Bites, titled "Kit Kat: Breakout," showing adults and children 
seated on a coach, using paddles to knock down Kit Kat bars. ((https://vimeo.com/204352144)) 
    "The infringing conduct in this case is so plain and blatant 
that Nestle cannot claim to be an 'innocent' infringer," the 
complaint said. "Nestle knew exactly what it was doing." 
    Atari accused Nestle of copyright and trademark infringement 
and unfair competition. 
    It is seeking three times Nestle's profit from the alleged 
infringement, plus triple and punitive damages. Nestle SA, 
Nestle UK and Nestle USA were named as defendants. 
    The case is Atari Interactive Inc v Nestle SA et al, U.S. 
District Court, Northern District of California, No. 17-04803. 
 
 (Reporting by Jonathan Stempel in New York; Editing by Leslie 
Adler) 
 ((jon.stempel@thomsonreuters.com; +1 646 223 6317; Reuters 
Messaging: jon.stempel.thomsonreuters.com@reuters.net)) 
 
Keywords: NESTLE ATARI/