Multinational consumer products giant Nestle has been accused of using 1970’s Atari computer game “Breakout” their recent marketing campaigns.
Atari was the PlayStation of 1970’s and 80’s the most popular video games maker during that era has now filed a case against Nestle for deliberately using the game’s feel and look almost the game itself in the advert shown on television. The game is breakout but the bricks in the advert are replaced with Kit Kat bars.
You can watch the advert and tell us what do you think about the advert?
Nestle the defender said it was aware of the suit and will defend it strongly against the allegations.
Breakout was the game developed by Steve Jobs and Steve Wozniak which succeeded previous Atari game “Pong”
The advertisement itself is named “Kit Kat: Breakout”, different age group is sitting on a sofa playing the video game during their work break and sharing a pack of Kit Kat bars. The game has a swinging ball between the bricks and the paddles controlled by the player, the ball hits the so called bricks “Kit Kat” bars and breaks them apart, similar to the breakout game.
Atari claims that the similarity of the Breakout game in the advert is so limpid and blatant so Nestle cannot deny or be an “innocent infringer”
The legal complaint against Nestle has been filed on Thursday in San Francisco court, claiming that the chocolate maker has exploited the Breakout game which belongs to them without having any copy rights.
While Nestle representative said, “This is UK TV advertisement which got on-air back in 2016, it no longer runs on TVs and we do not have any intention to re-launch it. We know about the lawsuit filed against us and we are ready to defend it strongly”