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Atari claims that a commercial for Nestle’s Kit Kat candy bars violates the copyright and trademark rights of Breakout, Atari’s iconic 1975 video game.
Nestle’s 30-second spot “leverage[s] 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 maximize the advertisement’s reach,” say Atari’s lawyers in the complaint (PDF), filed Thursday in a California federal court.
“Nestle simply took the classic Breakout screen, replaced its bricks with KIT KAT bars, and invited customers to “Breakout” and buy more candy bars,” the complaint states.
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