From a legal perspective, this is copyright infringement.
From a PR perspective, if Nintendo did nothing, they are siding with this type of use and with those who used it in such a fashion. This may be good or bad, depending on how Nintendo actually sides. If they did something about it, they may he making enemies with the court systems, but they may be making friends with them, depending on how the court system sides.
Basically, they have precedence to sue, but whether or not they do, and what the outcome would be, is anybody’s guess. But if this goes live, I would appreciate a heads up, because popcorn takes a few minutes to prepare.
This is brand tarnishment pretty clearly on the trademark side, too. If not for the apparent lasso the admin has around executives’ nuts with their green cards (according to the former CLO in an article), this would represent an immense amount of liability on DHS’ part. I still wonder if they might nevertheless press forward with litigation just to tamp down on the brand damage tbh
ETA: also, the potential recoverable damages are actually theoretically immense in a case like this, between statutory damages per copyright infringement and loss of sales to brand tarnishment. Very low chance, asymptotic to 0 percent likelihood, but it would be immensely satisfying if this is what zeros out ICE incredible funding bump.
From a legal perspective, this is copyright infringement.
From a PR perspective, if Nintendo did nothing, they are siding with this type of use and with those who used it in such a fashion. This may be good or bad, depending on how Nintendo actually sides. If they did something about it, they may he making enemies with the court systems, but they may be making friends with them, depending on how the court system sides.
Basically, they have precedence to sue, but whether or not they do, and what the outcome would be, is anybody’s guess. But if this goes live, I would appreciate a heads up, because popcorn takes a few minutes to prepare.
This is brand tarnishment pretty clearly on the trademark side, too. If not for the apparent lasso the admin has around executives’ nuts with their green cards (according to the former CLO in an article), this would represent an immense amount of liability on DHS’ part. I still wonder if they might nevertheless press forward with litigation just to tamp down on the brand damage tbh
ETA: also, the potential recoverable damages are actually theoretically immense in a case like this, between statutory damages per copyright infringement and loss of sales to brand tarnishment. Very low chance, asymptotic to 0 percent likelihood, but it would be immensely satisfying if this is what zeros out ICE incredible funding bump.