Nintendo is seeking millions of dollars in damages from the modding site HackYourConsole.com for infringing upon its copyrights and trademarks.
Nintendo has filed another lawsuit against a flashcart reseller, this one the Florida-based HackYourConsole.com, which it says not only offers hardware and instructions that enable console owners to play pirated games, but also uses Nintendo’s registered trademarks to promote the business. “The logo for Defendant’s online business prominently includes within it a copy of the famous ‘Mario’ character, in which Nintendo holds both federally-registered trademarks and copyrights,” the suit states.
“Defendant, as a regular part of her business, reproduces and distributes unauthorized copies of hundreds of copyrighted videogames intended for play on Nintendo systems,” it continues. “For example, as a supplement to her services of ‘modding’ Wii consoles, Defendant, through the websites, advertises that she will ‘load hard drives with all the newest and most popular games’.”
Nintendo included in its filing an image promising “hundreds of Wii games when modding today” that it said came from the site, although it doesn’t appear to be there any longer. The site’s logo has been changed as well to remove the image of Mario and his coins, although it remains otherwise virtually identical.
Nintendo is seeking statutory damages of up to $150,000 for each copyright infringement and up to $2 million for each trademark infringement, plus other statutory damages, profits, legal fees and interest. It also wants an injunction against any further importation and/or sale of flashcarts, software and other related material, and full access to the site’s financial records.