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Nintendo Objects to WeeWorld’s Request to Drop Mii Suit Without Prejudice

Categories: Trademark Cases

According to GameSpot, last November UK-based WeeWorld filed suit alleging Nintendo’s Mii Avatar system infringed its similar WeeMee avatar system.

WeeWorld’s system allows users to create cartoon-like avatars for use with Skype, AIM, Windows Live Messegner and other instant messaging programs. The Nintendo Wii allows users to create Nintendo Mii avatars for use with the Nintendo Wii’s gaming system both on and offline.

Recently, WeeWorld asked the judge to dismiss the suit without prejudice (meaning they could re-institute the case at a later date) citing an intent to seek relief in the UK before resuming any action in the U.S.

Arguing that its Mii system does not infringe upon WeeWorld’s WeeMee trademarks because there is no possibility of confusion, Nintendo has filed an objection to WeeWorld’s dismissal request, seeking both:

  1. dismissal of the suit with prejudice (meaning WeeWorld would not be able to re-institute the case at a later date); and
  2. recovery of its legal fees incurred on the matter to date – estimated at around $400,000.

Sources: GameSpot | GameStooge | Kotaku | GamePro.com | Qj.net | Open Letter from WeeWorld

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