Nintendo to sue SuicideGirls!

SuperKnux · Post by **SuperKnux** » Thu Oct 28, 2004 10:15 am

I'm a member at SuicideGirls.com:
http://suicidegirls.com/members/SuperKnux/

..and I thought it was really funny to mention this story to you guys.

It seems Sean Suicide, an admin and co-worker at SuicideGirls, woke up yesturday to check his email only to discover that
Nintendo is sueing SuicideGirls, the popular website which features nude pin-up photography.

Why are they sueing them? Well, it seems that
RuneLateralus (member at SG) listed Zelda, Metroid, and F-Zero has his favorite video games... IN HIS PROFILE! In his Profile, people!!

Check out the email for yourselfs:

> From: Stop IP Infringement <StopInfringement@PerkinsCoie.com>
> Date: October 27, 2004 10:12:06 AM PDT
> To: "'spooky@suicidegirls.com'" <spooky@suicidegirls.com>
> Subject: Infringement of Nintendo Intellectual Property Rights
>
>
>
>
>
> October 26, 2004
>
>
>
>
>
>
>
>
>
> VIA EMAIL ONLY
>
> Administrator: spooky@suicidegirls.com
>
>
>
> Re: http:/www/suicidegirls.com/members/RuneLateralus/380354/
>
> Infringement of Nintendo Intellectual Property Rights
> IDENTIFIED PROBLEM: Pornographic Web site uses Nintendo in link,
> text, source code, Zelda and Metroid in text
>
> Greetings:
>
> We represent Nintendo of America Inc. ("Nintendo"), the owner of the
> trademark(s) and/or copyrighted works listed above (the "Nintendo
> trademark(s)/works"). It has come to our client's attention recently
> that you are using the Nintendo trademark(s)/works in the hidden
> text/visible text/meta tags and/or title and/or links of the
> above-referenced sexually explicit Web site. This use is
> unauthorized, and we are writing to demand that you immediately cease
> and desist this infringement of Nintendo's intellectual property
> rights.
>
> Nintendo has acquired substantial rights in the Nintendo
> trademark(s)/works. Nintendo's customers--including many children and
> their parents--have come to identify the Nintendo trademark(s)/works
> with the high quality of Nintendo products. Your unauthorized use of
> the Nintendo trademark(s)/works will tarnish Nintendo's reputation.
>
> This infringement of Nintendo's intellectual property rights can
> subject you to sanctions under applicable federal and state laws.
> Accordingly, you must immediately cease and desist from any and all
> use of (1) the Nintendo trademark(s)/works, (2) any other Nintendo
> trademark(s)/works, and (3) any mark which is confusingly similar to a
> Nintendo trademark. This includes, but is not limited to, your
> infringement of Nintendo's intellectual property as explained above.
>
> I look forward to your immediate confirmation that you have taken the
> necessary steps to resolve this matter. To that end, you may contact
> me at either 206‑359‑6742 or StopInfringement@perkinscoie.com.
>
> Sincerely,
>
>
> Melissa Morgan Nelson
> Perkins Coie LLP
> 1201 Third Avenue, Suite 4800
> Seattle, WA 98101-3099
> http://www.perkinscoie.com
>
> :ceh
>
> cc: Nintendo of America Inc.
>
> ISP: peter.luttrell@3jane.com
>
> File: 51.13
>
> NOTICE: This communication may contain privileged or other confidential
> information. If you have received it in error, please advise the
> sender by
> reply email and immediately delete the message and any attachments
> without
> copying or disclosing the contents. Thank you.

Source: SuicideGirls.com

Today, Sean emailed Nintendo's lawyers back with this statement:

Your claim is that a member on an adult community site listing metroid
and zelda as their favorite video games is an infringement on your
trademark?

Good luck with that lawsuit against our company. Really, file it. I
would love the press. I'm not going to respond to anything other than
you actually filing a complaint in court, which you can serve to us
here:

SG Services
2658 griffith park blvd #127
Los Angeles CA 90039

I love Super Mario Sunshine! I love Donkey Kong! Are you now going to
sue me for this email too, dumbshit?

Haha. Take that Nintendo.

If Nintendo is really going to want to sue these guys because a user is giving them free advertising, than.. they must be more pussy than SuicideGirls itself. Nintendo needs to grow up, and stop overracting. Why don't they sue Newgrounds? Oh, shwell.

I leave you all with this photo of Morgan and Roxy in their set, "Entangle". Enjoy.

[/url]

Post by **Green Gibbon!** » Thu Oct 28, 2004 10:46 am

Years ago there was a lesbian porn site at http://www.zelda.com, and Nintendo made them change the domain. The name "Zelda", of course, is a common woman's name derived from the German Griselda, meaning female warrior.

I don't remember whether the site fought it and lost or just complied.

Post by **Delphine** » Thu Oct 28, 2004 10:56 am

What the hell?

bcdcdude · Post by **bcdcdude** » Thu Oct 28, 2004 12:56 pm

If they had their legs open whilst wearing a Mario T-shirt, then i could possibly see where they are coming from, but what they are doing is a load of bullshit.

Ngangbius · Post by **Ngangbius** » Thu Oct 28, 2004 12:59 pm

Possible hoax?

Wednesday, October 27, 2004
Nintendo lawyergram to Suicide Girls -- UPDATE
Following up on earlier news today about a hilariously clueless cease-and-desist from Nintendo's attorneys to softcore website Suicide Girls -- the implications of which are as stupid as they are far-reaching -- BoingBoing reader Josh says,

Hi Xeni, I called the S.F. and the Seattle offices of the law firm representing Nintendo here, Perkins Coie. They not only seem to not know about this, they can't even look at it because their firewalls won't allow them to get to porn sites. (Ed note: BWAAHAHAHAHAH!)

I've emailed someone in their offices the posts so I expect this'll get cleared up inside a day or two.

Link to previous BoingBoing post with full text of the laughably logic-lacking lawyerletter. I've known some of the partners at Perkins Coie in the past -- sharp, tech-savvy, forthright folk. I can't imagine this silliness will go too far.

http://www.boingboing.net/2004/10/27/ni ... gram_.html

SuperKnux · Post by **SuperKnux** » Thu Oct 28, 2004 2:02 pm

Yeah, this is to retarded that it might just be a hoax.

But, from the way it seems.. they are taking it very serious (well, as serious as they want it to be. Haha).

Also, I find it strange that they want to sue the site because he mentions their franchises, and Nintendo totally ignoreing a set which features a girl makeing a "tribute" to Duck Hunt. In that set she poses holding the Duck Hunt gun, while she has NES controllers covering up boobs. I'm suprised Nintendo hasn't filled suit against that photo set. It would sound more believable than this.

Post by **Popcorn** » Thu Oct 28, 2004 2:51 pm

LARRY DAVID :D

Post by **Green Gibbon!** » Thu Oct 28, 2004 3:43 pm

But the Zelda story was true.

Zeta · Post by **Zeta** » Thu Oct 28, 2004 4:46 pm

Years ago there was a lesbian porn site at http://www.zelda.com, and Nintendo made them change the domain. The name "Zelda", of course, is a common woman's name derived from the German Griselda, meaning female warrior

But the Zelda story was true.

Indeed. That was the first porn I'd ever seen back in middleschool. Literally IN middleschool. Looking for information on LoZ on the school computers.

Luckily, this was back when schools were too stupid to realize porn could be found on the internet, and had no legal way of punishing children who used their computers to see it.

I remember getting pretty frustrated looking for Zelda info, though.

Neo Yi · Post by **Neo Yi** » Thu Oct 28, 2004 4:57 pm

Shouldn't Nintendo be suing fan comics or artworks of Peach and Samos in bikinis kissing each other, at least that would make a bit more sense.
~Neo

Post by **Green Gibbon!** » Thu Oct 28, 2004 5:21 pm

Indeed. That was the first porn I'd ever seen back in middleschool. Literally IN middleschool. Looking for information on LoZ on the school computers.

I imagine that sort of thing was happening alot, which is why they would've taken action. Realistically, though, I don't think there's anything they could've done. If it was, yknow, http://www.legendofzelda.com, or something, they would've had a case, but you can't trademark a lone, common name.

Shouldn't Nintendo be suing fan comics or artworks of Peach and Samos in bikinis kissing each other, at least that would make a bit more sense.

There's nothing they can really do about that as long as the work isn't being sold for money, even if they thought it was a serious enough issue to pursue. Most fan art, particularly of the erotic variety, is fucking awful and not widely circulated.

Neo Yi · Post by **Neo Yi** » Thu Oct 28, 2004 5:34 pm

There's nothing they can really do about that as long as the work isn't being sold for money, even if they thought it was a serious enough issue to pursue. Most fan art, particularly of the erotic variety, is fucking awful and not widely circulated.

Yes, know that, GG, but it makes a bit more sense then suing just because a porno site has a member that likes Nintendo based games. Just recently, I've been hearing a lot of crap Nintendo has been doing in like an "overall strict parent" thing.
~Neo

Post by **Crazy Penguin** » Thu Oct 28, 2004 6:07 pm

Neo Yi wrote:
There's nothing they can really do about that as long as the work isn't being sold for money, even if they thought it was a serious enough issue to pursue. Most fan art, particularly of the erotic variety, is fucking awful and not widely circulated.

Yes, know that, GG, but it makes a bit more sense then suing just because a porno site has a member that likes Nintendo based games. Just recently, I've been hearing a lot of crap Nintendo has been doing in like an "overall strict parent" thing.
~Neo

Erm..I thought we'd established it as a hoax.

SuperKnux · Post by **SuperKnux** » Thu Oct 28, 2004 6:40 pm

And now, this is all over. Nintendo of America released this letter to Sean:

> From: nintendo@noa.nintendo.com
> Date: October 28, 2004 12:52:29 PM PDT
> To: spooky@suicidegirls.com
> Subject: suicidegirls.com
>
> Hello,
>
> We would like to apologize to you and to those who frequent the
> suicidegirls.com website for inadvertently contacting you about a fan
> posting on the website.
>
> We know that many of our fans are old enough to make their own choice
> about what they want to view on the Internet. We value the support of
> our fans and we respect their decisions. The letter was sent as part
> of an ongoing Nintendo program to aggressively protect our younger
> consumers from the hundreds of sexually-explicit sites each year that
> use Nintendo properties to attract children. We are proud of our
> efforts in this area. Unfortunately, the site posting identified in
> our letter was targeted by mistake.
>
> As a gesture of goodwill, we would like to offer you (and
> RuneLateralus) a free Nintendo video game system and game of your
> choice. If you would like to take Nintendo of America up on this
> offer, please contact the Consumer Services Dept. at 1-800-633-3236
> and the system and game will be sent to your address as listed in the
> WHOIS contact information for suicidegirls.com.
>
> In addition, we would appreciate it if you could provide us with
> contact information for RuneLateralus, or have him contact us
> directly, so that we may apologize to him. We would be glad to send
> him a game and system of his choice through you as well, since we do
> not have his contact information.
>
> Sincerely,
> Christie Hamilton
> Nintendo of America Inc.
> Consumer Service Department
>
> Message(#6851-000372-58283725828)
>

Good to see it end off nicely, and it seems Sean and RuneLateralus, got away with a new Nintendo game! Haha. As they say, every company makes mistakes, but good companies correct them.

Post by **Segaholic2** » Thu Oct 28, 2004 6:44 pm

They should ask for a Nintendo 64 DD. Or a Virtual Boy. Or a top-loading NES. Or a DS.

Light Speed · Post by **Light Speed** » Thu Oct 28, 2004 6:44 pm

Why the fuck would they ask for a VB? THERE, I POSTED! ARE YOU HAPPY NOW?

Post by **Green Gibbon!** » Thu Oct 28, 2004 8:52 pm

Peach is kinda hot.

Post by **Crazy Penguin** » Thu Oct 28, 2004 8:59 pm

Green Gibbon! wrote:Peach is kinda hot.

No she isn't.

CE · Post by CE » Thu Oct 28, 2004 9:03 pm

> From: nintendo@noa.nintendo.com

In case you didn't notice, this email was sent...

from Nintendo!

Zeta · Post by **Zeta** » Thu Oct 28, 2004 9:08 pm

I wonder if they could somehow get two DSs out of this deal?

Post by **Green Gibbon!** » Thu Oct 28, 2004 10:39 pm

No she isn't.

She is in Smash Bros Melee.

SuperKnux · Post by **SuperKnux** » Thu Oct 28, 2004 10:43 pm

Zeta wrote:I wonder if they could somehow get two DSs out of this deal?

That seems to be the number request over at SG. Everyone is egging them both to get DSs.

Post by **Esrever** » Fri Oct 29, 2004 3:25 am

Green Gibbon! wrote: I imagine that sort of thing was happening alot, which is why they would've taken action. Realistically, though, I don't think there's anything they could've done. If it was, yknow, http://www.legendofzelda.com, or something, they would've had a case, but you can't trademark a lone, common name.

That reminds me of something. The Olympics are coming to Vancouver in 2010, right? Well, apparently the official Olympic suits are handing out cease and desist orders across town to every single business with the word "Olympic" in their name. And some of the places getting these notices have been around, with the same name, for ten or fifteen years.

Pretty ludicrous, but who can afford to take on those dudes in court? You comply because you can't afford to do otherwise, especially if you are only a small business. So I'm glad the whole Nintendo/SG thing worked out, anyhow. It sort of makes me feel a little less jaded about how ridiculously litigious everyone is these days.

Plus, I wouldn't have wanted SG to sink any money into a pointless legal dispute. I love that site!

j-man · Post by **j-man** » Fri Oct 29, 2004 10:06 am

She is in Smash Bros Melee.

If you zoom in on her Smash trophy you can see her undies. OMGPR0N.

Post by **Popcorn** » Fri Oct 29, 2004 11:37 am

It wasn't a joke, but Nintendo apologised (http://www.boingboing.net/2004/10/28/ni ... izes_.html):

Hello,

We would like to apologize to you and to those who frequent the suicidegirls.com website for inadvertently contacting you about a fan posting on the website.

We know that many of our fans are old enough to make their own choice about what they want to view on the Internet. We value the support of our fans and we respect their decisions. The letter was sent as part of an ongoing Nintendo program to aggressively protect our younger consumers from the hundreds of sexually-explicit sites each year that use Nintendo properties to attract children. We are proud of our efforts in this area. Unfortunately, the site posting identified in our letter was targeted by mistake.

As a gesture of goodwill, we would like to offer you (and RuneLateralus) a free Nintendo video game system and game of your choice. (...)

In addition, we would appreciate it if you could provide us with contact information for RuneLateralus, or have him contact us directly, so that we may apologize to him. We would be glad to send him a game and system of his choice through you as well, since we do not have his contact information.

Sincerely,
Christie Hamilton
Nintendo of America Inc.
Consumer Service Department