CHOCOLATE GIANT Nestlé is being sued by Atari because it showed an advert in the UK that took the four-fingered KitKat and turned it into a two fingered intellectual property grab on the very old, and very classic, game Breakout.
You remember Breakout. It's the one with the ball and the wall, or ceiling, it was big on the Spectrum and has never really gone away. It has become part of pop culture, much like the KitKat and its "Have a break, have a KitKat" nonsense.
You can see how the advert would have made sense during a marketing meeting. Have a break to Breakout isn't much of a leap, and the form of the KitKat makes it pretty suitable for taking on Breakout - more so Tetris if you ask us. But no one did.
We can't really remember the advert, but it must be burned into the eyes, hearts and souls at everyone at Atari because the company has lined up some lawyers in a cannon and fired them right at the heart of the chocolate company.
We have asked Nestlé for some KitKats and its official comment on this, but have so far only received its response to the suing business.
"This is a UK TV advert that ran in 2016. The ad no longer runs and we have no current plans to re-run it," the firm said. "We are aware of the lawsuit in the US and will defend ourselves strongly against these allegations."
The BBC has learned that the company will "strongly" defend itself against the case. Yeah, we got that.
The Beeb's report also says that the case has been filed in San Francisco and that Atari is really quite put out by what was probably meant as a homage.
It is challenging Nestlé because the game on the ad "is so plain and blatant that Nestlé cannot claim to be an 'innocent' infringer".
"The legal complaint adds that Nestlé's less than innocent intention is to grab: "the special place [Breakout] holds among nostalgic Baby Boomers, Generation X, and even today's Millennial and post-Millennial 'gamers'".
We think it just wanted to move some chocolate. We ain't lawyers. You can watch the trouble video online if you want to spend the rest of the day fancying some chocolate and associating Nestlé with a decades-old game. µ
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