Nestle accused of pilfering Atari 'Breakout' game for 'Kit Kat' ads

A new lawsuit accuses Nestle SA of blatantly violating the rights of Atari by using without permission the classic 1970s video game "Breakout" in a new marketing campaign for its Kit Kat chocolate-covered wafers.

In a complaint filed on Thursday in federal court in San Francisco, Atari said Nestle knowingly exploited the "Breakout" name, look and feel through social media and a video, hoping to leverage "the special place it holds among nostalgic Baby Boomers, Generation X, and even today`s Millennial and post-Millennial `gamers.`"

Nestle did not immediately respond to requests for comment after regular business hours.

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Created as a successor to "Pong" by Steve Wozniak with help from Apple co-founder Steve Jobs, "Breakout" requires a player to knock down rows of coloured bricks with a paddle.

According to Atari, "Nestle simply took the classic `Breakout` screen, replaced its bricks with Kit Kat bars, and invited customers to `breakout` and buy more candy bars."

Atari`s complaint includes a link to an ad for Kit Kat Bites, titled "Kit Kat: Breakout," showing adults and children seated on a coach, using paddles to knock down Kit Kat bars. ((https://vimeo.com/204352144))

"The infringing conduct in this case is so plain and blatant that Nestle cannot claim to be an `innocent` infringer," the complaint said. "Nestle knew exactly what it was doing."

Atari accused Nestle of copyright and trademark infringement and unfair competition.

It is seeking three times Nestle`s profit from the alleged infringement, plus triple and punitive damages. Nestle SA, Nestle UK and Nestle USA were named as defendants.

The case is Atari Interactive Inc v Nestle SA et al, U.S. District Court, Northern District of California, No. 17-04803.

(This article has not been edited by Zeebiz editorial team and is auto-generated from an agency feed.)