Atari had filed a copyright and trademark infringement claim against Nestle, on Thursday in San Francisco, for damaging Atari’s goodwill and reputation on Facebook, Twitter and television by exploiting the name, look and feel of “Breakout”.
Atari said Nestle and its U.S. and U.K. affiliates did this to whet the appetites of “nostalgic Baby Boomers, Generation X, and even today’s Millennial and post-Millennial ‘gamers.'”
Kit Kat was first manufactured in 1935.
“Breakout” was created by Apple co-founder Steve Wozniak with help from fellow co-founder Steve Jobs as a successor to “Pong,” and requires a player to knock down rows of colored bricks with a paddle.
Nestle simply replaced the bricks with brown Kit Kat bars, used in a Kit Kate Bites commercial titled “Kit Kat: Breakout,” showing adults and children using paddles to knock the bars down, according to Atari.
Atari is seeking three times Nestle’s profits from the alleged infringement, plus triple and punitive damages.
The case is Atari Interactive Inc v Nestle SA et al, U.S. District Court, Northern District of California, No. 17-04803.