Slashdot Mirror

← Back to Stories (view on slashdot.org)

Nintendo Seeks To Trademarks "It's On Like Donkey Kong"

Posted by samzenpus on from the language-pitfall dept.

eldavojohn writes "Nintendo has requested a trademark on the phrase 'It's on like Donkey Kong.' The phrase has been used in everything from rap to television in modern culture. From the article: 'The makers of the classic video-game franchise have filed a request with the US Patent and Trademark office to trademark the pop-culture phrase, "It's on like Donkey Kong." Nintendo claims that the catchphrase "is an old, popular Nintendo phrase that has a number of possible interpretations depending on how it's used."'"

10 of 183 comments (clear)

  1. Up next.... by girlintraining · · Score: 5, Insightful

    "I Nintendo'd that shit." -- Used to describe an act where you alienate people that previously liked you for a really, really stupid reason.

    --
    #fuckbeta #iamslashdot #dicemustdie
    1. Re:Up next.... by mweather · · Score: 2, Insightful

      That's a reason to disallow other people from trademarking it, not a reason to allow a phrase that's been in use for decades to be trademarked by a company that didn't even coin the phrase.

    2. Re:Up next.... by Archangel+Michael · · Score: 3, Insightful

      Synonym ... "I Oracled that shit"

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  2. Nintendo by Zaphod+The+42nd · · Score: 4, Insightful

    Did Nintendo themselves ever actually use the phrase? I thought it was just a pop culture reference kinda thing, never a part of the actual franchise. >_>
    I call shenanigans.

    TFA says they're using it now to promote the new donkey kong country, but it seems like they're taking a phrase that the public created that is in the public domain and are trying to claim it as theirs.

    --
    GCS/MU/P d- s:- a-- C++++$ UL++ P+ L++ E+ W++ N o K- w--- O M+ V- PS+++ PE Y+ PGP t+ 5- X R++ tv+ b++ DI++ D++ G+ e++ h-
    1. Re:Nintendo by Un+pobre+guey · · Score: 2, Insightful

      IANAL, but I think you are mistaken on a technicality. You may be correct insofar as registering a trademark, but to defend it in court against infringers is different. In court, Nintendo would have to show that it has zealously defended its trademark, and if the phrase is well-established in the wild then that test is likely to fail. I would assume that they are registering in order to exterminate unauthorized use with the hope that cease-and-desist letters will be enough, and nobody with deep pockets and an itch to fight will stand up to them.

  3. Given the current dearth of Kong... by gman003 · · Score: 1, Insightful

    Since there haven't been many good Donkey Kong games in years, might I suggest a new variant on the phrase?

    It's gone like Donkey Kong.

  4. Re:Will this pass muster? by 19061969 · · Score: 4, Insightful

    They're applying for a trademark rather than a patent so prior use is a little different here. I'm sure someone with greater knowledge of US trademark law will enlighten us, but I seem to recall that it is possible to trademark something that's been used (e.g., "Linux" was trademarked by Linus Torvalds back in the 1990s after someone else was using it for their business and he wanted it to be a protected phrase - this is AFAIR so I could be wrong).

    --
    bang goes my karma... again...
  5. What do they gain? by Monkeedude1212 · · Score: 2, Insightful

    Don't you normally trademark something so that other people can't impersonate your work to give it a bad rep or something?

    What does Nintendo have to gain by trademarking this phrase?

  6. Identifying a Product by Doc+Ruby · · Score: 5, Insightful

    If "On like Donkey Kong" was a phrase used to market a game that consumers though was the Nintendo property, there might be a case here. That is the only test that is used to determine whether a phrase or symbol infringes a trademark.

    Corporations who frivolously try to grab intellectual "property" like this should have to pay the government fees for using up taxpayer funded resources.

    --

    --
    make install -not war

  7. Cheap Advertising? by Surak_Prime · · Score: 2, Insightful

    How much does it cost to try to file for a trademark like this?

    How much free advertising is Nintendo getting for their upcoming DK sequel from various news outlets for *trying* to?

    Does anyone think Nintendo even *cares* if they get the trademark or not?

    --
    :::The Spear in the heart of the Other is the Spear in the heart of You; You are He - Surak of Vulcan:::