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Bandai Namco its suing retro console maker AtGames for alleged copyright infringement over its use of the Ms. Pac-Man characters.

Chris Kerr, News Editor

September 25, 2019

2 Min Read

Bandai Namco its suing retro console maker AtGames for alleged copyright infringement over its use of the Ms. Pac-Man characters. 

According to a lawsuit filed at the US District Court for the Northern District of California, Bandai Namco America Inc (BNEA) claims AtGames created a version of Ms. Pac-Man it never had permission to make. 

It also alleges that AtGames produced a version of Pac-Man that "substantially deviated" from what it was originally shown when it granted the company permission to use the Pac-Man license.

"AtGames' distribution of two different versions of the Pac-Man product, coupled with the prominent use of BNEA's company name, brands, and other licensed intellectual property with such products and the resulting negative response from consumers and members of the press and media, has caused irreparable harm to BNEA’s reputation and goodwill," reads the filing. 

Bandai claims that AtGames repeatedly sought a license to create a version of Ms. Pac-Man, but that the request was "expressly rejected" each time. Yet, despite being knocked back, the company still allegedly pushed ahead and created an unauthorized version of the game, which Bandai believes is designed to confuse "actual and potential customers." 

AtGames is also being accused of falsely informing retailers like Walmart and GameStop that it had legitimately secured the Ms. Pac-Man license, despite the fact it was never "legally entitled to use the property in any way, anywhere in the world." 

"Not only are AtGames’ false statements likely to damage BNEA's relationship with its current and prospective licensees, retailers and/or distributors, but they are also likely to cause severe harm to BNEA's reputation and goodwill,” continues the complaint. 

Bandai is seeing an injunction preventing AtGames from making or selling the Ms. Pac-Man game, and is also demanding damages and profits from the alleged infringement.

About the Author(s)

Chris Kerr

News Editor, GameDeveloper.com

Game Developer news editor Chris Kerr is an award-winning journalist and reporter with over a decade of experience in the game industry. His byline has appeared in notable print and digital publications including Edge, Stuff, Wireframe, International Business Times, and PocketGamer.biz. Throughout his career, Chris has covered major industry events including GDC, PAX Australia, Gamescom, Paris Games Week, and Develop Brighton. He has featured on the judging panel at The Develop Star Awards on multiple occasions and appeared on BBC Radio 5 Live to discuss breaking news.

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