Nintendo Co Ltd v Care

Nintendo Co Ltd brought a proceeding against various respondents for alleged infringement of its intellectual property rights in the form of its character “Mario” from the Super Mario Brothers video game series. The respondents were engaged in promoting wrestling matches and selling merchandise featuring a character they referred to as “Da’ Super Mario” or “Super Mario” that bore a resemblance to Nintendo’s character. Nintendo sought an interim injunction to prevent the respondents from continuing to use the contested character in their activities. The court was required to determine whether Nintendo had established a prima facie case for intellectual property infringement and whether an interim injunction was warranted to prevent irreparable harm.

The court found that Nintendo had demonstrated a strong likelihood of success on the merits of its claim for passing off, given the substantial similarity between the respondents' character and Nintendo's Mario character. The court also considered the potential for irreparable harm, noting that continued use of the contested character could dilute Nintendo's trademark and cause confusion among consumers. Given these factors, the court concluded that an interim injunction was necessary to protect Nintendo's intellectual property rights and prevent further harm. The court ordered that the respondents be restrained from using the contested character in their activities until the trial of the proceeding or further order. A directions hearing was set for 6 December 2000, and the costs of the application were reserved.