Nintendo Sues Nyko Over Copies of Wii System Remote Controllers
Nintendo Co., maker of the Wii video-game system, sued accessory seller Nyko Technologies Inc. over what it says is a knock-off of the Nunchuk remote controller used with the popular system.
Nyko sells a wireless Kama Nunchuk designed to work with the Wii system. Nintendo contends the Nyko product copies its patented designs and infringes its trademarks for the Nunchuk name and packaging. The word ``nunchuk'' refers to a martial-arts weapon made from two sticks connected with a chain.
The Nyko product ``wholly appropriates the novel shape, design, overall appearance and even the color and materials used in the Nintendo Nunchuk controller,'' Nintendo said in the federal court complaint, filed June 10 in Seattle.
In the Wii system, a player moves the remote and a character on the television screen mimics that motion, such as an underhand throw for bowling or a swing for tennis. Nunchuks are used when the game calls for motion by both hands, for instance when punching in the boxing game in Wii Sports. It's connected to the main remote by a plug and wire.
``We have not knowingly violated anyone's intellectual property and we're still examining this,'' Nyko spokesman C.C. Swiney said yesterday in a telephone interview.
The Wii is the most-popular video-game console in the U.S., with 714,000 machines sold in April, Nintendo has said, citing results from researcher NPD Group Inc. The console is often sold out at stores, as is the new exercise game ``Wii Fit'' that first went on sale in the U.S. last month.
Closely held Nyko, based in Los Angeles, makes other accessories for use with the Wii, including a charging station for the remotes, carrying case for the console, and adapters. The accessories for the Wii and other game consoles are sold online and at retailers such as GameStop Corp. stores.
The Kama Nunchuk, which is advertised as avoiding the ``restrictive wires'' of the Nintendo Nunchuk, sells for $33.99 on Amazon.com Inc.'s Web site. Nintendo's Wii Nunchuk sells for $19.99.
Nintendo, based in Kyoto with U.S. offices in Redmond, Washington, accuses Nyko of infringing two design patents and its trademarks. The company asked the court to order Nyko to stop selling the wireless controller, and seeks cash compensation.
Nintendo's lawyers are Harry H. Schneider Jr., Susan D. Fahringer and William C. Rava of Seattle's Perkins Coie.
The case is Nintendo of America Inc. v. Nyko Technologies Inc., 08cv907, U.S. District Court, Western District of Washington (Seattle).
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: ShyGuy on June 13, 2008, 11:46:44 AM
I thought it was mentioned way back when that Nintendo had licensed third party controllers for the Wii.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: Morari on June 13, 2008, 11:49:39 AM
Who buys this crap anyway? The nunchuk's wire has never gotten in my way.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: Flames_of_chaos on June 13, 2008, 11:59:56 AM
I thought it was mentioned way back when that Nintendo had licensed third party controllers for the Wii.
The Nyko Nunchuk is NOT licensed. If a 3rd party peripheral maker wants to license their product it's their responsibility to submit it to Nintendo for certification. 95% of third party controllers and accessories are not licensed.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: Kairon on June 13, 2008, 02:41:31 PM
This makes me a sad panda. What's so wrong Nintendo? Why are you so MEAN?!?!?! T_T
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: DAaaMan64 on June 13, 2008, 02:43:36 PM
The've always been mean about stuff like this. Remember that BS with rental games?
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: Kairon on June 13, 2008, 02:45:46 PM
The've always been mean about stuff like this. Remember that BS with rental games?
No! It's not true! It can't be true!
*shakes head furiously*
You're all just jealous!
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: DAaaMan64 on June 13, 2008, 02:53:56 PM
Yes it is true. Nintendo didn't want companies renting out their games. So they sued them for using the actually instruction manuals as being copy right infringement. Thats why you get re-written instructions now.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: Maverick on June 13, 2008, 03:40:10 PM
Nintendo is the popular kid that picks on the little guy who got outcast when the other kids found him touching himself inappropriately in the middle of math class who then held on to the few friends he had left only to become more popular a few years later by showing off his "waggle wand" to all the fly honies in the girls locker room who is now popular again and is back to his bullying ways.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: Morari on June 13, 2008, 03:54:43 PM
Yes it is true. Nintendo didn't want companies renting out their games. So they sued them for using the actually instruction manuals as being copy right infringement. Thats why you get re-written instructions now.
Why would they want to allow rentals? They don't see much of a profit off of that and the used game market at all. It's pretty much the equivalent of piracy in their eyes. Personally, I'd be much more inclined to pirate software than to rent it for the outrageous prices that stores tend to charge. :P
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: DAaaMan64 on June 13, 2008, 04:01:25 PM
Yes it is true. Nintendo didn't want companies renting out their games. So they sued them for using the actually instruction manuals as being copy right infringement. Thats why you get re-written instructions now.
Why would they want to allow rentals? They don't see much of a profit off of that and the used game market at all. It's pretty much the equivalent of piracy in their eyes. Personally, I'd be much more inclined to pirate software than to rent it for the outrageous prices that stores tend to charge. :P
Oh I see why they wouldn't want to allow rentals. But every person in that company can sympathize with the consumer in a sense that the consumer doesn't want to risk the loss of their $50 bucks on a shitty game. Not to mention the movie industry had already survived the rental market on their products and their products are on average much cheaper! so with Nintendo being a wildly successful company, having them attempt to stop that type of practice is rather douche like.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: KDR_11k on June 13, 2008, 04:38:26 PM
"Nunchuk" refers to the attachment to the Wiimote, "nunchaku" is the weapon. AFAIK the wireless clones are called nunchakus here.
Also while Nintendo would love to kill the rental market they have no right to do so.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: stevey on June 13, 2008, 05:19:10 PM
I think the real reason is the wireless nunchuk causes hundreds of problem for Nintendo and they got sick of telling people to unplug it to get what ever want to work again. What worst it's causes stuff to malfunctions that are directly related to the nunchuk, like the wii pointer, so people don't think the nunchuk is the problem causing them to replace countless working parts because of it...
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: Mikintosh on June 13, 2008, 05:35:43 PM
Yeah, I kinda like connecting the nunchuk to the remote; it makes it seem like one controller, and I wouldn't want them to be operating independently. That said, I bet they're suing because either 1) they don't want people asking them for a wireless nunchuck and so are discouraging the one that's on the market or 2) they are developing one and that don't want the competition. And in Nintendo defense, the Nyko product look's a lot like Nintendo's (though I doubt it would make sense to make it substantially different, for practical reasons).
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: Flames_of_chaos on June 13, 2008, 06:15:50 PM
Yes it is true. Nintendo didn't want companies renting out their games. So they sued them for using the actually instruction manuals as being copy right infringement. Thats why you get re-written instructions now.
Actually Nintendo sued Blockbuster years ago because Blockbuster photocopied all the manuals for each game.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: Flames_of_chaos on June 13, 2008, 06:19:13 PM
This makes me a sad panda. What's so wrong Nintendo? Why are you so MEAN?!?!?! T_T
Nintendo is "mean" because Nyko's wireless Nunchuk is a blatant copy down to the same materials, form factorr used for producing these nunchuks. Nyko would of saved so much trouble if they would of went through the process of getting this certified and licensed by Nintendo (it probably wouldn't get certified because they are performance issues with numerous Wii games).
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: DAaaMan64 on June 13, 2008, 06:30:48 PM
Yes it is true. Nintendo didn't want companies renting out their games. So they sued them for using the actually instruction manuals as being copy right infringement. Thats why you get re-written instructions now.
Actually Nintendo sued Blockbuster years ago because Blockbuster photocopied all the manuals for each game.
I'm referencing this from Game Over, the updated version. Nintendo did not want people renting their games.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: animecyberrat on June 13, 2008, 06:34:03 PM
Correct you both are. There were 2 law suits though not just the one. The first was to stop rentals altogether, which they failed to do. The second was for the infringement relating to the photocopying of the manuals.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: DAaaMan64 on June 13, 2008, 06:40:42 PM
Correct, it was looked at as "another way" to go after rentals.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: UncleBob on June 13, 2008, 08:20:10 PM
As I've noted before, I'm no fan of Nyko...
Something to consider, this could be a warning shot to Sony and Microsoft in case there's any truth to the rumors of their motion controllers...
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: Flames_of_chaos on June 13, 2008, 08:50:50 PM
Something to consider, this could be a warning shot to Sony and Microsoft in case there's any truth to the rumors of their motion controllers...
Umm UB Sony does have a motion sensing controller out in two flavors, Sixaxis and the dualshock 3. But nyko got sued because of them blatantly copying the nunchuk down to every little detail.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: UncleBob on June 13, 2008, 09:07:16 PM
There are rumors that Sony (and Microsoft) is working on a controller very similar to the Wii Remote - not the SixAxiS, but something with "real" motion sensing...
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: Flames_of_chaos on June 13, 2008, 10:05:35 PM
There are rumors that Sony (and Microsoft) is working on a controller very similar to the Wii Remote - not the SixAxiS, but something with "real" motion sensing...
But sixaxis is motion sensing just stuck in the wrong type of controller. The sony rumor is a sixaxis that splits into two pieces.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: NinGurl69 *huggles on June 14, 2008, 01:35:27 AM
And probably does nothing right other than breaking.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: Chozo Ghost on June 14, 2008, 02:20:30 AM
This makes me a sad panda. What's so wrong Nintendo? Why are you so MEAN?!?!?! T_T
Nintendo is "mean" because Nyko's wireless Nunchuk is a blatant copy down to the same materials, form factorr used for producing these nunchuks. Nyko would of saved so much trouble if they would of went through the process of getting this certified and licensed by Nintendo (it probably wouldn't get certified because they are performance issues with numerous Wii games).
Although you make some excellent points, I can't help but wonder why Nintendo is pursuing this. These peripherals are still designed to work for their Wii, so it's not like its benefitting their competitors or anything. I could see them suing Sony or MS for making something like this for their systems, but this is from a 3rd party and it is for Nintendo's own system...
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: Flames_of_chaos on June 14, 2008, 10:37:38 AM
This makes me a sad panda. What's so wrong Nintendo? Why are you so MEAN?!?!?! T_T
Nintendo is "mean" because Nyko's wireless Nunchuk is a blatant copy down to the same materials, form factorr used for producing these nunchuks. Nyko would of saved so much trouble if they would of went through the process of getting this certified and licensed by Nintendo (it probably wouldn't get certified because they are performance issues with numerous Wii games).
Although you make some excellent points, I can't help but wonder why Nintendo is pursuing this. These peripherals are still designed to work for their Wii, so it's not like its benefitting their competitors or anything. I could see them suing Sony or MS for making something like this for their systems, but this is from a 3rd party and it is for Nintendo's own system...
Nintendo is doing this because they are simply defending their pattens, if Nintendo doesn't then how much you want to bet counterfeit Nunchuks will hit the market there are already counterfeit Wii remotes in the asian market. But in all seriousness Nyko used the same exact materials, design, control stick, buttons. Basically I believe it's a matter of principal since Nyko did not bother to get this licensed.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: D_Average on June 14, 2008, 05:23:14 PM
I think the wireless nunchuk is a GREAT idea. Unfortunately, I have no use for it. Had their been a good boxing, basketball, or baseball game by now, it would definitely come in handy (to keep the wire from smacking my face). Sadly though, Wii Sports is the best damn sports game we have.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: Crimm on June 14, 2008, 09:46:51 PM
I'm going to point out that there is a legal reason for Nintendo to defend their patents.
If Company A fails to defend a patent (IE: another company, Company B, produces something in violation of A's patent, and Company A does not sue them despite knowing of it) then if a third company, Company C, violates the patent C can use A's non-action in the case with Company B as a defence in court.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: nickmitch on June 14, 2008, 11:32:10 PM
Crimm's probably right, but we won't have decisive evidence of Nintendo's real reasons for suing until the end of the case. A small, out of court settlement would support his argument.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: Shecky on June 15, 2008, 01:36:39 AM
Argh, need to buy one or two of these quick.
Was planning on using them as my "mouse buttons" for my IR pen / Wii Remote combo. In other words have this in my left hand as I work the IR pen in my right.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: Flames_of_chaos on June 15, 2008, 01:45:42 AM
Crimm's probably right, but we won't have decisive evidence of Nintendo's real reasons for suing until the end of the case. A small, out of court settlement would support his argument.
I doubt Nintendo is producing a wireless nunchuk it's more of protecting Nintendo's pattens.
Was planning on using them as my "mouse buttons" for my IR pen / Wii Remote combo. In other words have this in my left hand as I work the IR pen in my right.
Well you may encounter one big problem, a lot of Wii games have flaky response when using this accessory and I don't know how bad it will be with the IR pen idea.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: KDR_11k on June 15, 2008, 04:32:07 AM
I'm going to point out that there is a legal reason for Nintendo to defend their patents.
If Company A fails to defend a patent (IE: another company, Company B, produces something in violation of A's patent, and Company A does not sue them despite knowing of it) then if a third company, Company C, violates the patent C can use A's non-action in the case with Company B as a defence in court.
I doubt that triggers easily (most likely you'd have to ignore tons of competitors before the courts would say that you're being unfair) but they probably don't want it to start, yes.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: Shecky on June 15, 2008, 08:23:11 AM
Was planning on using them as my "mouse buttons" for my IR pen / Wii Remote combo. In other words have this in my left hand as I work the IR pen in my right.
Well you may encounter one big problem, a lot of Wii games have flaky response when using this accessory and I don't know how bad it will be with the IR pen idea.
Hmm. Well it be interesting to compare to the Nunchuck Adapter (http://www.nintendowiifanboy.com/2008/03/12/wii-fanboy-review-nykos-wireless-nunchuk-adapter/) by the same company. Anyone have any pointers to well done reviews?
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: UltimatePartyBear on June 16, 2008, 12:19:01 PM
I'm going to point out that there is a legal reason for Nintendo to defend their patents.
If Company A fails to defend a patent (IE: another company, Company B, produces something in violation of A's patent, and Company A does not sue them despite knowing of it) then if a third company, Company C, violates the patent C can use A's non-action in the case with Company B as a defence in court.
I'm pretty sure you're getting this mixed up with trademark law.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: Flames_of_chaos on June 16, 2008, 12:23:34 PM
I'm going to point out that there is a legal reason for Nintendo to defend their patents.
If Company A fails to defend a patent (IE: another company, Company B, produces something in violation of A's patent, and Company A does not sue them despite knowing of it) then if a third company, Company C, violates the patent C can use A's non-action in the case with Company B as a defence in court.
I'm pretty sure you're getting this mixed up with trademark law.
Not really since they are also suing for the Nunchuk trademark/copyright.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: UltimatePartyBear on June 16, 2008, 12:34:11 PM
Crimm only mentioned patents, which don't work that way. Trademarks can sometimes work that way. The press release doesn't even mention anything about copyrights, but they definitely don't work that way.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: Flames_of_chaos on June 16, 2008, 12:51:57 PM
It doesn't?? You should read it carefully again.
"Nyko sells a wireless Kama Nunchuk designed to work with the Wii system. Nintendo contends the Nyko product copies its patented designs and infringes its trademarks for the Nunchuk name and packaging. The word ``nunchuk'' refers to a martial-arts weapon made from two sticks connected with a chain."
"The Nyko product ``wholly appropriates the novel shape, design, overall appearance and even the color and materials used in the Nintendo Nunchuk controller,'' Nintendo said in the federal court complaint, filed June 10 in Seattle."
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: NinGurl69 *huggles on June 16, 2008, 12:57:46 PM
Yup, there's no nunchuck in that Nyko.
It's just a freehand motion sensing butt plug.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: UltimatePartyBear on June 16, 2008, 12:58:33 PM
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: Flames_of_chaos on June 16, 2008, 01:15:48 PM
Umm I just provided you proof that it did include it read the two quotes.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: UltimatePartyBear on June 16, 2008, 02:52:43 PM
Perhaps there is some confusion. I claimed that the press release doesn't mention any copyright infringement claims, and it doesn't. It uses the word "copies" in reference to patents, and that's as close as it gets. You understand that copyright is an entirely different animal than patents and trademarks, right?
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: NinGurl69 *huggles on June 16, 2008, 04:45:55 PM
I saw the Nyko Kama at Wal-Mart today. It looks very close to the original Chuckster. The one-ring rubber stick, the color tone, shape, and octagonal stick border look dangerous close to the original.
I was also under the impression that Nintendo had a patent on the octagon border around the stick in its controllers, and it would've been a design component that would be licensed to 3rd party controller makers (and maybe an obvious reason xbox and ps2 analog sticks are just surrounded by a circle). I don't think Nyko ever made a GameCube controller, and thus were not aware of the 3rd party design differentiation issue Nintendo would have. Nyko goofed up.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: DAaaMan64 on June 16, 2008, 04:50:54 PM
Nah, that octagon shape was in third party n64 controllers. I love that octagon idea.
Title: Re: Nintendo Sues Nyko for Wireless Nunchuk
Post by: NinGurl69 *huggles on June 16, 2008, 04:59:52 PM
I said they could've paid to use that aspect of the design (while everything else was horrible).
Nyko... did a great job. Cuz it's mostly not their design.
