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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."'"

23 of 183 comments (clear)

  1. Man... by Haedrian · · Score: 5, Funny

    ...this article is on Like Donkey Kong. (TM)

    1. Re:Man... by zero_out · · Score: 4, Funny

      You know, in all the DK games I've ever played, and cartoons I've watched, I never noticed if he had any genitalia. I've never looked for it, so it very well may be there, but if it's not... care to retract your statement?

    2. Re:Man... by Anonymous Coward · · Score: 3, Funny

      ...an adult gorilla's erect penis size is about 4cm in length

      From Wikipedia.

    3. Re:Man... by Pojut · · Score: 3, Funny

      "This article is baller like Samus."
      "Damn, that was cold. Cold like Ice Climbers."
      "The name is Hare. Peppy Hare. I take it barrelled, not rolled."

      --
      Living With a Nerd
    4. Re:Man... by Hope+Thelps · · Score: 5, Funny

      "...an adult gorilla's erect penis size is about 4cm in length"

      From Wikipedia [wikipedia.org].

      Who the hell goes around measuring that type of stuff?!

      Insecure gorillas.

      --
      To summarise the summary of the summary: people are a problem. ~ h2g2
  2. 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 jornak · · Score: 4, Interesting

      To be fair, it does include the name of a game that was copyrighted in 1981, and it was even contested and won against Universal City Studios because it was too close to King Kong.

    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.
  3. 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.

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    1. Re:Nintendo by Captain+Spam · · Score: 4, Interesting

      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.

      Of course, it could also be as simple as someone in marketing deciding to use the phrase in advertisements (as a pop culture reference and nothing more), and the legal team, entirely by force of habit, attempting to trademark every last letter on the advertisement copy on a just-in-case-it-works basis.

      I'll grant that Nintendo's tried pulling trademark/copyright nonsense like this before (and were almost victims of it in the famous Universal case regarding Donkey Kong itself), but something tells me this was an overzealous lawyer deluging the trademark office with the standard-issue forest of paperwork when a new game is released, expecting the trademark office to do the fact-checking for him. Or failing that, to get a few bonus trademarks and maybe another raise if they're not paying attention.

      I say give it time to see how it pans out before we go... well, apeshit, appropriately.

      --
      Demanding constant attention will only lead to attention.
  4. Re:Will this pass muster? by thepike · · Score: 4, Informative

    Donald Trump tried to patent "you're fired," so there's precedent for trying. He failed though (luckily) and I have to assume Nintendo will fail too. Also, I'd keep using it and not paying them royalties so it would really only affect print usage, and I doubt it's a common phrase in the Times.

  5. 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).

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    bang goes my karma... again...
  6. I feel an unfortunate engrish incident coming on.. by Statecraftsman · · Score: 5, Funny

    Dear Nintendo,

    Congratulations, your request for trademark of the phrase "It's on rike Donkey Kong" has been approved.

    Sincerely,

    The Trademark Office

  7. Re:I feel an unfortunate engrish incident coming o by argmanah · · Score: 5, Funny

    Dear Nintendo, Congratulations, your request for trademark of the phrase "It's on rike Donkey Kong" has been approved. Sincerely, The Trademark Office

    I find your comment to be lacist.

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    Overrated Moderation: This posts sucks... because.
  8. Re:Given the current dearth of Kong... by DoofusOfDeath · · Score: 3, Funny

    "In the barrio like Mario"?

    "Goin' to Fiji like Louigi"?

  9. 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.

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    make install -not war

    1. Re:Identifying a Product by damien_kane · · Score: 3, Informative

      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.

      It is;
      From TFA, it's the phrase they're using to promote the newest incarnation of Donkey Kong Country for the Wii, which releases 11/21.

  10. Next up by Nidi62 · · Score: 4, Funny

    Barbara Streisand files for trademark over the use of "Streisand Effect"

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    The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
    1. Re:Next up by damien_kane · · Score: 3, Informative

      Barbara Streisand files for trademark over the use of "Streisand Effect"

      I'm pretty sure, if she ever tried that, that Robert Smith and Syndey Poitier would beat her in a match of mecha-ro-sham-bo

  11. Re:Will this pass muster? by Anon-Admin · · Score: 5, Informative

    On the 15 of August 1994, William R. Della Croce, Jr. filed for the trademark Linux, and then demanded royalties from Linux distributors.
    In 1996, Torvalds and some affected organizations sued him to have the trademark assigned to Torvalds, and in 1997 the case was settled.

    There is precedent for trademarking a name after it's use and using it to extort^h^h^h^h^h^h require licensing fees.

  12. Re:I feel an unfortunate engrish incident coming o by Applekid · · Score: 4, Funny

    As in weally wacist.

    --
    More Twoson than Cupertino
  13. It's On Like Donkey Kong. by It'sOnLikeDonkeyKong · · Score: 3, Funny

    It's On Like Donkey Kong in all fields.

  14. Unrelated, mostly by Anonymous Coward · · Score: 3, Funny

    I'm gonna bonk her like Conker!