The latter had appealed against Nintendo’s cease and desist order and refused to pay the MYR 376,000 in damages, which pushed the Japanese gaming household brand to bring the case up to the Intellectual Property High Court in Japan, taking MariMobility to court a second round.
Giving a verdict on May 30, attorney-general Mori Yoshiyuki issued an interim judgement concluding that MariMobility had infringed on Nintendo’s copyright and intellectual property rights.
In 2018, Nintendo had filed a cease and desist along against the company claiming that go-karting tour provider was damaging its “Mario Kart” franchise reputation. The service which costs up to JYP 15,000 (approx MYR 580) was very popular with tourists, but was also involved in a number of accidents. The Go-Kart Tour company refused to comply and made attempts to disassociate themselves from Nintendo by blatantly stating it on their go-karts and resumed business.
Proceedings for the Intellectual Property High Court is underway and it is speculated that the damages to be awarded to Nintendo could potentially end up even higher than the original sum.
Didn’t get a chance to try this unique experience in Japan? The future of MariMobiliy is uncertain however, there are many videos online documenting the experience. Here’s hoping that the company will still be able to operate at some capacity after the fallout with Nintendo.