Universal claimed that Donkey Kong infringed its copyright in King Kong. They argued that the name “Donkey Kong” was too similar to “King Kong” and would confuse audiences, and that Nintendo unlawfully copied the concept and character. This case primarily involved:
Meanwhile, Nintendo argued that the stories were different. They also commented on how Donkey Kong was meant to be cartoony and comedic compared to King Kong’s realism, and that the gameplay and art style were completely different. They also talked about how the idea of a giant ape kidnapping someone is an idea, but not protected expression.
Nintendo then brought up how Universal had previously argued in another court case that King Kong was in public domain since the 1932 novel had failed to renew its copyright, which allowed them to use the story for their 1976 film. The court agreed.
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