For those immersed in the annals of interactive entertainment, the 1983 legal skirmish between Universal and Nintendo is legendary. It was the definitive moment when Nintendo successfully defended its right to the Donkey Kong name. Fast forward to the present, and the irony is palpable: King Kong is a cinematic titan alongside Godzilla, while Universal and Nintendo are lucrative partners in the multibillion-dollar Super Mario Bros. movie franchise. While the broad strokes of the case are well-documented, the granular details of the courtroom drama have remained largely obscured—until now.
Gaming Historian, the acclaimed documentarian celebrated for his deep-dive approach to retro gaming, recently announced a hiatus due to creative burnout. As a final gesture to his audience, he released a monumental “document dump” that meticulously chronicles the trial that saved Nintendo’s American operations.
This comprehensive collection represents the entire paper trail for Universal vs. Nintendo. The archive contains everything from physical evidence exhibits to verbatim transcripts of witness interrogations. Central to Nintendo’s defense was the revelation that their stubborn ape wasn’t a riff on the legendary King Kong; rather, the project began life as a licensed Popeye the Sailor Man adaptation before negotiations fell through.
Though the verdict is a matter of public record, the cache provides a fascinating look at the internal mechanics of the proceedings. Included are original design specifications for the arcade hit, alongside Shigeru Miyamoto’s personal notes and the first handwritten brainstorm of potential names for the characters that would define the company. Fans of Nintendo trivia will also appreciate the presence of John Kirby, the defense attorney who not only won the case but also inspired the name of the iconic pink puffball. The transcripts are peppered with bizarre legal arguments, including the linguistically curious claim that “You can’t have a pronoun for a gorilla.”
Among the most compelling artifacts is the deposition of Shigeru Miyamoto. The legendary designer was masterfully evasive, frequently citing a lack of memory regarding who conceived specific ideas. He often deferred to the expertise of Gunpei Yokoi, the creator of the Game Boy, who in turn deferred back to Miyamoto. This cyclical dialogue, compounded by the complexities of translation, resulted in a series of tedious yet amusing exchanges. Miyamoto conceded only the existence of the character, maintaining that any comparison to King Kong was an afterthought sparked by the lawsuit itself.
Image: Internet Archive
In one particularly memorable moment, Miyamoto was pressed on what other names he had brainstormed for the titular ape. His response—”The names which were in my mind”—is a masterclass in providing a technically accurate yet utterly unhelpful answer.
For those who want to dive deeper into the legal minutiae, you can peruse Miyamoto’s full deposition or explore the complete archival repository here.
Source: Polygon
