Alternative/goth Adult Web site SuicideGirls.com was sent a cease and desist letter from Nintendo of America Tuesday ordering the company to remove references to Zelda and Metroid from their Web site. On Thursday, the video game maker followed up with an apology letter, offering free video game systems.
The first letter, from Seattle law firm Perkins Coie LLP, claimed that SuicideGirls was infringing on Nintendo’s trademarks by using them on a sexually-explicit Web site. It went on, “This use is unauthorized, and we are writing to demand that you immediately cease and desist this infringement.”
The references to the Nintendo games Metroid and Zelda were actually listed on the member profile page of site member RuneLateralus, under “favorite video games.” At no time did the owners of the site think of deleting them.
“I’d consider pulling it when a judge told me to pull it, not before,” Sean Suicide of SuicideGirls.com told AVNOnline.com.
However, Nintendo apparently saw the error of their ways and quickly sent another letter admitting their mistake and offering an olive branch or two.
Thursday’s letter, this time directly from Nintendo, stated, “We would like to apologize to you and to those who frequent the suicidegirls.com Web site for inadvertently contacting you about a fan posting on the Web site. We know that many of our fans are old enough to make their own choice about what they want to view on the Internet. We value the support of our fans and we respect their decisions. The letter was sent as part of an ongoing Nintendo program to aggressively protect our younger consumers from the hundreds of sexually-explicit sites each year that use Nintendo properties to attract children. We are proud of our efforts in this area. Unfortunately, the site posting identified in our letter was targeted by mistake.”
The letter goes on to offer RuneLateralus and the SuicideGirls administrator a free video game system and game of their choice, which are being graciously accepted.
“I think it’s a bit presumptuous to think you can control when or where someone may mention the name of your product,” Suicide said. “But you have to give Nintendo credit for seeing the error of their ways so quickly.”
Full text of the letters from Nintendo and their attorneys can be viewed here.
Calls for comment to Perkins Coie LLP and Nintendo were not returned.
