Aug 18, 2017

Atari and KitKat to break it down in court

Atari has issued proceedings in the US against Nestlé relating to intellectual property in one of its historic games.

The claim relates to Atari's game "Breakout", a famous computer game introduced in the 1970s, the key elements of which Atari claims are reproduced in Nestlé's new KitKat advertising campaign.

The KitKat advert depicts a group of people on a sofa playing a video game involving controllable blocks moving along the bottom edge used to deflect balls bouncing off a structure of stationary blocks set along the top edge.

According to the BBC, Nestlé has stated that it will 'defend itself "strongly"', an added that the advert aired in 2016 and was a UK TV advert. According to the Guardian, Nestlé is seeking punitive damages in addition to compensatory damages, which would relate to KitKit's profit associated with the alleged infringement.

If you have any questions on the above, please do not hesitate to contact the team at McDaniel & Co. on 0191 281 4000 or

in: Companies, Legal News, News

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