Atari has accused Nestl of copyright infringement for using its retro video game Breakout in a KitKat commercial. The KitKat: Breakout advertisement that was aired last year is centred on the exploitation and misuse of the Breakout name , says Atari. Breakout was designed in 1976 by Apple co-founders Steve Jobs and Steve Wozniak. It was known for being a single-player version of the popular arcade game called Pong. Also Read - Atari-branded hotels with gaming rooms and esports studios coming to these 8 US citiesAlso Read - Soon you might be able to play Atari video games while driving a Tesla, if you want to
According to FT, Atari, in a lawsuit filed in San Francisco court, has also accused Nestl of exploiting Breakout s look, feel, sound and imagery on its social media accounts. Nestl decided that it would, without Atari s authorization, leverage Breakout and the special place it holds among nostalgic baby boomers, Generation X, and even today s millennial and post-millennial gamers in order to maximise the reach of worldwide, multi-platform advertisements for Nestl KitKat bars, excerpts from the lawsuit was quoted by the FT. Also Read - Sega may launch classic Nintendo-like systems in Japan
The report further suggests that Nestl is aware of the lawsuit in the US, and seeks to defend themselves against these allegations. The Swiss-based food company has further outlined that advert was no longer in use, and it had no plans to air it in future after Atari brought up the issue. Nestl is accused by Atari of using Breakout s name and proprietary game screen, while the colored bricks were replaced by KitKat chocolate bars. ALSO READ: Apple iPhone 8 OLED display photo leaked, another hint at a bezel-less display
According to the video-game company, Nestl aired the ad in the UK on internet and TV. The ad is said to be later uploaded to YouTube as well. The petitioner is reportedly seeking three times Nestl s profit from the alleged infringement, and three times the other damages such as lost reputation and licensing profits.