Nintendo sues Nyko over remote copies

Washington: Nintendo Co., maker of the Wii video-game system, sued accessory seller Nyko Technologies Inc. over what it says is a knock-off of the Nunchuk remote controller used with the popular system.

Nyko sells a wireless Kama Nunchuk designed to work with the Wii system. Nintendo contends the Nyko product copies its patented designs and infringes its trademarks for the Nunchuk name and packaging.

This is the first time Kyoto-based Nintendo has sued over an accessory for the Wii, the company said.

The Nyko product "wholly appropriates the novel shape, design, overall appearance and even the colour and materials used in the Nintendo Nunchuk controller," Nintendo said in the federal court complaint, filed June 10 in Seattle.

In the Wii system, a player moves the remote and a character on the television screen mimics that motion, such as an underhand throw for bowling or a swing for tennis.

Nunchuks are used when the game calls for motion by both hands, for instance when punching in the boxing game in Wii Sports. It's connected to the main remote by a plug and wire.

"We have not knowingly violated anyone's intellectual property and we're still examining this," Nyko spokesman CC Swiney said on Thursday in a telephone interview.

The Wii is the most popular video-game console in the US, with 714,000 machines sold in April, Nintendo has said, citing results from researcher NPD Group Inc.

The console is often sold out at stores, as is the new exercise game "Wii Fit" that first went on sale in the US last month.

Other accessories

Closely held Nyko, based in Los Angeles, makes other accessories for use with the Wii, including a charging station for the remotes, carrying case for the console, and adapters. The accessories for the Wii and other game consoles are sold online and at retailers such as GameStop Corp. stores.

The Kama Nunchuk, which is advertised as avoiding the "restrictive wires" of the Nintendo Nunchuk, sells for $33.99 on Amazon.com Inc.'s website. Nintendo's Wii Nunchuk sells for $19.99.

"While Nintendo supports the creation of innovative games and products used with our game systems, we cannot allow third parties to infringe our intellectual property rights," Denise Kaigler, a vice president with Nintendo of America, said in a statement.

Nintendo, with US offices in Redmond, Washington, accuses Nyko of infringing both its design patents and trademarks. The company is seeking a court order that would force Nyko to stop selling the wireless controller, plus cash compensation.