Kong Confusion?

September 26, 2011

  • 382T Trademarks
  • 382TIII Similarity Between Marks; Likelihood of Confusion
  • 382Tk1100 Relationship Between Goods or Services Underlying Marks
  • 382Tk1103 k. Particular Goods and Services, Relationship Between.

382T TrademarksAssuming that the trademark “King Kong” was validly developed and conveyed to purported owner and that the mark had secondary meaning, no likelihood of consumer confusion arose from manufacture and sale of video game named “Donkey Kong” even though the two properties had in common a gorilla, a captive woman, a male rescuer and a building scenario, in that the two characters and stories were sufficiently different, and there was no evidence of actual confusion.
Universal City Studios, Inc. v. Nintendo Co., Ltd., 746 F.2d 112 (2d Cir. 1984)