(This is an archived case summary.)
Nintendo alleged that Prima Communications had infringed its copyright in the "GoldenEye 007" video game by publishing the "GoldenEye 007 Unauthorized Game Secrets" strategy guide book. Nintendo alleged that the maps used in the guide book violated Nintendo's copyright and thus that Nintendo was justified in requesting a preliminary injunction to enjoin Prima from the use or sale of the guide book. The court denied the motion, holding that the maps contained a majority of factual data and that they constituted only a small portion of Nintendo's registered copyright in the video game. The court held that it was likely that the copyright infringement could be found de minimus and, as such, the preliminary injunction did not meet the required standard of demonstrating a likelihood of success on the merits.
Nintendo of America Inc. v. Prima Communications Inc.,
1997, US Dist. Ct., WD, Wash.
1997 U.S. Dist. LEXIS 21120
Keywords: copyright – injunction
Summary by Chris Metcalfe