The suit explains that customers were sent to another website in order to continue purchasing their products. Nintendo has tried several times to stop the retailer to stop selling the products, and now accuses them of "willfully infringing on the companys intellectual property rights."
Nintendo also stated that the company infringed Nintendo's copyrights by using its registered trademarks.
"Using game copiers to play unauthorized downloaded games is illegal and its wrong," explains Jodi Daugherty, Nintendo of Americas senior director of Anti-Piracy.
BIT.TRIP series creator Gaijin Games also stated that 70 percent of their audience reached their games illegally, according to CEO Alex Neuse. "When their creative works are stolen and copied illegally, some companies find it difficult to survive economically," says Daugherty.
Seems pretty open and shut, the company was selling products that were designed to be used for illegal acts and continued selling them even after Nintendo asked them to stop.On top of that, they stated that they agreed to stop selling them and then just created a new website. Why they linked to it from the original website, I have no idea. Did they really think Nintendo wouldn't find it?
