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Paper Mario Music-Swap Lawsuit a Mistake

by Les Thomas - June 30, 2008, 12:51 pm EDT
Total comments: 5 Source: GamePolitics

Lawsuit against Nintendo for use of the song "You're so Cool" in a three-year old commercial lasts less than a week before being voluntarily dropped.

On June 12, 2008 Morgan Creek announced a lawsuit against Nintendo for using the song You're so Cool from their film True Romance in a GameCube game ad. The game was not mentioned by name in the lawsuit, but the only GameCube game ad to feature the song was used in a television commercial for Nintendo's Paper Mario: The Thousand-Year Door in 2004. The suit, filed by Morgan Creek Productions in U.S. District Court for the Central District of California, was voluntarily dismissed by the plaintiff six days later, on June 18, 2008.

Morgan Creek overlooked a legal detail Nintendo's ad agency, Leo Burnett, was happy to point out:

"Leo Burnett provided Morgan Creek Productions with a copy of a music license entered into between Leo Burnett USA, on behalf of Nintendo of America and Morgan Creek, for licensing of the song."

The lawsuit was dropped the following day. The cost of Morgan Creek's legal exertions was not disclosed.

Talkback

king of snakeJune 30, 2008

Wow. There should be a NWR Awards category for this.

vuduJune 30, 2008

Quote from: king

Wow. There should be a NWR Awards category for this.

What category?  Most untimely news post?

EnnerJune 30, 2008

The moral of this story: never forget to check for the paper work.

Bartman3010June 30, 2008

"Damn! How am I gonna get a piece of the Wii pie now without holding stocks in the company?"

Quote from: Bartman3010

"Damn! How am I gonna get a piece of the Wii pie now without holding stocks in the company?"

Isn't it hard to get a hold of Nintendo stock in the first place?

Quote from: king

Wow. There should be a NWR Awards category for this.

I'll try to keep it in mind come award time, lol.

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