Slashdot Mirror
Wal-Mart's Terrible Nintendo Wii Knock-Offs
MaryAlan writes "Wal-Mart is now selling an electronic LCD game in the kid's section that resembles a Wiimote so closely that even Wal-Mart employees can't tell them apart in a picture. But the games — made by ToyQuest out of L.A. — are complete and utter crap, to the point of being unplayable. Their only redeeming feature is that they look like the Nintendo Wii, which means Wal-Mart is relying on brand confusion to sell any of these things to unsuspecting customers. There is a gallery of photos online, so you can take a look at side-by-side pictures with a true Wiimote, down to the fake speaker on the front. "
Hey, Wal-Mart is always looking for the lowest price on items - even to the point of telling manufacturer's to make a cheaper, lower quality, unit. So they found it. Where can they go from here? A picture of a Wii in a box? (Worked on eBay for another gaming console.)
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
Yes, they do. It's not just superficial... It's fairly obvious that the knock-off was intentionally designed to look like a Wii-mote.
You aren't the target here.
I used to work at Electronics Boutique over the holidays, and I can guarantee that there are plenty of parents out there who would purchase this thing without a moment's hesitation - believing the whole time that they were purchasing a Wii-mote, or even the entire Wii system.
Parents used to show up with the most vague descriptions of what their child wanted... Or pictures clipped from catalogs, sales fliers, and magazines... Folks wouldn't know whether they needed a game for the PS2, Xbox, Game Cube, or computer. All they knew is that their kid said this, or it looked like that, or it had some guy with wings in it.
We had plenty of returns after Christmas because of this confusion. Folks who bought the game for entirely the wrong system...or the wrong kind of memory card...or bought some part of the system instead of the whole thing... And that was all without overly deceiving advertising or product design like this thing.
"Work is the curse of the drinking classes." -Oscar Wilde
As usual, you can skirt the line. You can argue about whether it claims to be a Wii, exactly what the box says, exactly what it claims to be, etc. Nevertheless, I'd say the intent here is pretty clearly to pick up sales through deception, with varying degrees of plausible deniability. That they try to stay on the legal side of the line doesn't make it automatically ethical.
They don't give me enough data to come to a conclusion. But it's certainly enough to be suggestive."Guns" are not a protectable item. A closer analogy here, despite my hatred of using analogies in online debates, are the numerous "generic controllers" that you can buy that contain games in them, but are not unauthorized representations of any particular controller. Only a squirt gun that looked like a specific, trademarked gun would be comparable, and yes indeed, the law will require you to get permission. You can't make a model car that looks exactly like a real car without permission, which is why the Grand Theft Auto world is populated by knockoffs. You can't make a model Enterprise without permission from Paramount, but you can make any generic space ship you want. As is invariably the case with analogies used in debates, the difference between the analogy and the real-world situation render your analogy irrelevant.