Nintendo seeks to trademark 'On like Donkey Kong'

WeinerDogSunglasses

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From CNN.com

(CNN) -- Think it's "on like Donkey Kong?" Better make sure Nintendo agrees with you.

The makers of the classic video-game franchise have filed a request with the U.S. 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."

"In addition to Nintendo's use, it has been used in popular music, television and film over the years, pointing to Donkey Kong's status as an enduring pop-culture icon and video game superstar," they said Wednesday in a written release.

We tend to use it when something big is about to go down. Or when we're trying to save a princess by jumping over a bunch of barrels. Whichever.

Urban Dictionary defines it as "A phrase to denote that it's time to throw down or compete at a high level."

The phrase has popped up in music (Urban Dictionary says a song by rapper Ice Cube may have been its first pop-culture appearance) and movies, including 2003's "American Wedding," a sequel to "American Pie."

Whether Nintendo actually has a chance to get the trademark approved remains to be seen. At first blush, it seems like it would be tougher to trademark a phrase that simply references a trademarked character than a company's actual slogan (say, Apple's successful request to protect "There's an app for that.")

And it's clearly no coincidence that Nintendo's request comes just days before the latest Donkey Kong adventure, "Donkey Kong Country Returns," is to be released on November 21.

"On Nov. 21, It's on like Donkey Kong!" reads a company press release.

To be sure, Donkey Kong is one of the most iconic and enduring video-game characters ever. The original 1981 arcade game gave rise to a slew of follow-ups, like "Donkey Kong Country" for the Nintendo Super NES, and the equally popular series of games featuring Mario, Donkey Kong's mustachioed nemesis.

Donkey Kong is a huge, "King Kong" like gorilla who spitefully kidnaps plumber Mario's girlfriend in the original game. His name came when the Japanese company wanted to show how stubborn he was. (Mario, incidentally, is reportedly named for the landlord of the Nintendo of America building).

More than 25 years after its release, the game also was the focus of "The King of Kong," a 2007 documentary about two colorful players vying for the world record score on the classic arcade game.

What do you think? Does Nintendo have a case? Is it just a publicity stunt? And do you plan to play the new game?

While I don't believe Nintendo originally came up with this, I guess it makes sense for them to trademark it. I almost think they would over-use the phrase if they ever throw a high-level marketing campaign behind a new DK title.
 

Nesagwa

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Has Nintendo ever used that phrase in their marketing for any Donkey Kong games?

I'm not sure you can trademark something like that. Seems similar to Trump trying to trademark "You're fired."
 

Phyeir

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What makes this interesting over something like trademarking "You're fired!" is they already hold trademark over the main part of the phrase. I think they may have something, but I think at the end of the day the lack of them really creating the phrase will prevent this from going through.

Kind of like when Kleenex tried to make it so that grocery stores would only be allowed to take customers to the actual Kleenex brand Kleenex instead of just where tissues are, it was already well into normal cultural speak as a phrase meaning tissues that it trumped the original trademark.
 

Nesagwa

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What makes this interesting over something like trademarking "You're fired!" is they already hold trademark over the main part of the phrase. I think they may have something, but I think at the end of the day the lack of them really creating the phrase will prevent this from going through.

Kind of like when Kleenex tried to make it so that grocery stores would only be allowed to take customers to the actual Kleenex brand Kleenex instead of just where tissues are, it was already well into normal cultural speak as a phrase meaning tissues that it trumped the original trademark.

lol, how would they even enforce that.
 

Phyeir

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lol, how would they even enforce that.

I think it's one of those things where they'd send the instructions, but I'm sure it wouldn't be enforced very tightly. But can't say I would blame them for trying.
 

complexz

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that's such a stupid phrase, let em have it if it forces people to say it less.
 

smokehouse

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that's such a stupid phrase, let em have it if it forces people to say it less.

Yup...

How lame is this? Not only is it a stupid saying...its even more stupid to trademark it...what a waste of $$...
 

BattraxZ

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Can anybody think of it having been used by someone besides the average guy i.e in an ad or whatnot?
 

aria

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Terrible news headline (not the original poster's fault) selected by an editor with no idea of how law works.

The actual article even says:

filed a request with the U.S. Patent and Trademark Office to trademark the phrase,

Upon further review: Today.

This isn't even close to a Registered TM yet (aka ®, the "Circle R").

Anyone can attempt a regular ™, which just means the company is using it and will sue anyone trying to ride on their coattails by marketing something similar (or that could be confused as similar by the general public).

As for all of this, I say no biggie --TMs are very easy to accidentally lose by abandonment (it's a trade off for their ability to last forever if always used in business --i.e. the Target bullseye or McD's arches), so if/when Nintendo gets tied of it it will be free again. Slogans are like that.

If you're using it as a slogan for something, or an ad campaign, it usually can stick if it isn't something that everyone in your area of business would end up having to use to describe what they do (e.g. I imagine Trump's idea of TMing "You're Fired" would interfere with any other show that wanted to have a similar concept --that's a phrase that's descriptive of the very thing happening --if he'd said something less common like "You're gone like Chinatown", then there might be something for him). .
 

OrochiEddie

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Yup...

How lame is this? Not only is it a stupid saying...its even more stupid to trademark it...what a waste of $$...

gotta piss that surplus money they made on conning people into buying 3 or 4 DSes somehow
 

darcotrigger

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I honestly doubt Nintendo gives a rats fuck if they are able to trademark the term.

They have a new Donkey Kong on the way and they have people talking Donkey Kong resulting in an increased level of awarnes of the new game. Brilliant advertising.
 

aria

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People really don't understand trademarks, but that's both the media's fault and a great opening for lawyers to exploit the ignorant. :lolz:
 

Daedalus

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Bobak's right its only if you try to use the phrase for a gain as in entertainment, i.e. a tv show or something, it doesn't mean an average joe can't run around saying it.

A perfect example: "Let's get ready to rumble"...thats trademarked by Michael Buffer...( the guy who says it ) he is the only one who can stand in a boxing ring on TV and say that those words without getting sued...
 

GregN

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People really don't understand trademarks, but that's both the media's fault and a great opening for lawyers to exploit the ignorant. :lolz:

Don't they and car repairmen do enough of that already?:mr_t:
 
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