Jumpman1981 Posted November 19, 2017 Share Posted November 19, 2017 (edited) Hey All, Atari has sued Nestle their new KitKat commercial. The commercial is basically someone playing Break-Out with the bricks replaced with KitKat bars, and Atari's lawyers have flipped their lids over it. I can't find any footage, but I found this. Apparently, it's a screengrab from the ad. Any thoughts? Edited November 19, 2017 by Jumpman1981 1 Quote Link to comment Share on other sites More sharing options...
TrekMD Posted November 19, 2017 Share Posted November 19, 2017 4 Quote Link to comment Share on other sites More sharing options...
mbd30 Posted November 19, 2017 Share Posted November 19, 2017 "Atari" needs to be put in scare quotes here. 2 Quote Link to comment Share on other sites More sharing options...
godslabrat Posted November 19, 2017 Share Posted November 19, 2017 Theyre hoping for a quick settlement to fund speakerhats and atariboxes? Quote Link to comment Share on other sites More sharing options...
Newsdee Posted November 19, 2017 Share Posted November 19, 2017 They're suing because they have no money nor products to do a counter campaign where kids play games with the cosy comfort of a brown drink from a rabbit-adorned yellow box. Quote Link to comment Share on other sites More sharing options...
CPUWIZ Posted November 19, 2017 Share Posted November 19, 2017 This was a while ago. 4 Quote Link to comment Share on other sites More sharing options...
high voltage Posted November 19, 2017 Share Posted November 19, 2017 Of course Nestle should ask for permission. But they are an awful company anyway, gangsters. Quote Link to comment Share on other sites More sharing options...
Video Posted November 19, 2017 Share Posted November 19, 2017 Again? Didn't that happen earlier this year? Quote Link to comment Share on other sites More sharing options...
Jumpman1981 Posted November 19, 2017 Author Share Posted November 19, 2017 (edited) This was a while ago. Whoops, must have not noticed the date! I seriously thought this was recent. Edited November 19, 2017 by Jumpman1981 Quote Link to comment Share on other sites More sharing options...
fiddlepaddle Posted November 19, 2017 Share Posted November 19, 2017 In legal timelines, 3 months isn't that old. One picture there shows people using game pads...that can't be Atari, can it? Of course, they did use the term "breakout", and that's probably the biggest issue... Quote Link to comment Share on other sites More sharing options...
0078265317 Posted November 19, 2017 Share Posted November 19, 2017 I thought we mentioned that here a long tiome ago. Quote Link to comment Share on other sites More sharing options...
CatPix Posted November 19, 2017 Share Posted November 19, 2017 Weak or not, moneygrabing attempt or not, Atarigrames is the owner of licences and as such has a right to protect them. Maybe Atari contacted Nestlé before about that ad and Nestlé refused to pay any right on the use of the breakout game. Maybe Atari jumped in in the hope to milk more money from a court decision or an amiable settlement than from being paid small fees for hte use of the name in a ad campaign that would be over. In any case, it's their right. If a brand name or a name product doesn't seems to appears protected, it can be considered "in public use" and as such, the main creator of said brand can see the right of that word escaping him forever. 2 Quote Link to comment Share on other sites More sharing options...
Turbo-Torch Posted November 19, 2017 Share Posted November 19, 2017 They're suing because they have no money nor products to do a counter campaign where kids play games with the cosy comfort of a brown drink from a rabbit-adorned yellow box. That was done decades ago.... Quote Link to comment Share on other sites More sharing options...
+fdr4prez Posted November 20, 2017 Share Posted November 20, 2017 That was done decades ago.... No, the issue is more recent. I think this is the Kitkat-Breakout commercial that caused all the commotion. https://youtu.be/gSzT6Gh91zE Quote Link to comment Share on other sites More sharing options...
towmater Posted November 20, 2017 Share Posted November 20, 2017 Wadn't Breakout from Atari Coin-op, not sold with the Atari consumer division to Tramiel? Quote Link to comment Share on other sites More sharing options...
pacman000 Posted November 20, 2017 Share Posted November 20, 2017 Tramiel got the home rights to Atari arcade games made before the breakup. Quote Link to comment Share on other sites More sharing options...
Turbo-Torch Posted November 20, 2017 Share Posted November 20, 2017 No, the issue is more recent. I think this is the Kitkat-Breakout commercial that caused all the commotion. It was a joke reply about Atari, a rabbit and Nestle Quik.... Quote Link to comment Share on other sites More sharing options...
Newsdee Posted November 20, 2017 Share Posted November 20, 2017 It was a joke reply about Atari, a rabbit and Nestle Quik.... I didn't even imagine such an ad actually existed 1 Quote Link to comment Share on other sites More sharing options...
Newsdee Posted November 20, 2017 Share Posted November 20, 2017 In any case, it's their right. If a brand name or a name product doesn't seems to appears protected, it can be considered "in public use" and as such, the main creator of said brand can see the right of that word escaping him forever.I couldn't find an article more recent than August, but one days they display "Breakout" in the ad which yes, makes it a trademark violation and forces Atari to defend it to avoid it being considered in public use. They better google and xerox the proof and attach scotch it to the wall. Otherwise they'll end up needing aspirin and kleenexes when they cry about it. 2 Quote Link to comment Share on other sites More sharing options...
0078265317 Posted November 20, 2017 Share Posted November 20, 2017 Yes I found it. 3 months ago we discussed this. http://atariage.com/forums/topic/269068-atari-sues-kitkat-for-break-out-commercial/?hl=%2Bkitkat+%2Bcommercial&do=findComment&comment=3831457 Quote Link to comment Share on other sites More sharing options...
tbb033 Posted November 24, 2017 Share Posted November 24, 2017 Kit Kat is owned by Hershey's in the US, probably why I've never seen such a commercial just an awful one with ghetto girls dancing to the Kit Kat jingle on a pay phone (?) and fire escape Quote Link to comment Share on other sites More sharing options...
mr_me Posted November 25, 2017 Share Posted November 25, 2017 (edited) I hope this goes to court; I wouldn't be surprised if Nestle wins. You can use the term "breakout" as long as it's not referring to a video game. Breakout has meaning outside of videogames; might be walking the line here. And copyright violations are arguable. The mock video game in the commercial plays like breakout but visually it clearly is not Atari's. It would be up to a judge. Edit: The commercial doesn't even say the words "break out". Edited November 25, 2017 by mr_me Quote Link to comment Share on other sites More sharing options...
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