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IBM vs. Nintendo (1990)


jhd

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I enjoy researching the history of video game companies, particularly by reviewing the lawsuits in which they were involved. It sometimes gives details about the inner workings of a firm that are not otherwise publicly available. I just found another tribunal decision.

 

On October 4, 1983, Nintendo applied to register the trade mark FAMILY COMPUTER in Canada.

 

The proposed trademark would cover:

Coin-operated electronic amusement apparatus, coin-operated pinball machines, computer apparatus, program cartridges for computers, program cassettes for computers, electronic amusement apparatus, electronic video games, video displays, pinball machines, game and playthings.

 

The decision notes that the same trademark had first been filed in Japan on April 7, 1983.

 

IBM successfully opposed the trademark application, arguing that the term "Family Computer" was too generic to be registered. The Canada Trade-Marks Opposition Board agreed.

 

There was probably a similar trademark application filing in the United States; I will leave that for someone else to find.

 

What can we learn from this decison?

 

Nintendo may have originally been considering using the Family Computer (Famicom) name in North America.

 

They were planning for the launch of what would become the NES about two years before it happened.

 

The scope of the proposed trademark seems to be very broad; I wonder if Nintendo ever actually planned on actually selling pinball games, cassette software, etc., or if they just wanted to preserve their options.

 

If anyone wants to read the actual tribunal decision, it is available online https://www.canlii.org/en/ca/tmob/doc/1990/1990canlii6415/1990canlii6415.html

Edited by jhd
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It's likely that given how computer took on in Japan and Europe, and in the US as well, Nintendo might have planned to develop a "Family Computer" range, a bit in the MSX spirit. Japan did saw a FC BASIC cartridge for the Famicom, and one can wonder if the Famicom Disk System wasn't originally planned to become an expansion for a FamiComputer.

Most of this was probably shelved when the US crash went full force in 1983/84 and the failure of "console turning computers" (not because of the concept, but heh) became apparent, Nintendo decided to just stick to a simple, no-frills console system for outside Japan.

 

Familycomputer_familybasic.jpg

 

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