Delhi HC restrains Bihar real estate firm from using ‘Nintendo’ in company name

The Delhi High Court has prohibited a Bihar-based real estate firm from employing the name "Nintendo" in its corporate identity, arguing that it infringes upon the trademark rights of the Japanese gaming conglomerate Nintendo Co. Ltd. On July 29, Justice Jyoti Singh issued an interim order in support of Nintendo Co. Ltd., deeming that the real estate company's chosen name could lead the public to believe an association between the two entities.

Nintendo Co. Ltd. initiated legal proceedings in 2025, upon discovering a Patna-based entity registered as 'Nintendo India Private Limited'. The company claimed to have been established in Japan in 1889 and had since evolved into a globally acclaimed developer and publisher of video games and gaming consoles. Nintendo's registered trademarks encompass its coined mark 'NINTENDO', and its products have garnered widespread recognition in India and across the globe, including the Nintendo Switch, Game Boy, Super Mario Bros., Pokémon, and Donkey Kong franchises.

Despite receiving a cease-and-desist notice in February 2026, the dispute persisted. Consequently, Nintendo turned to the High Court, which examined the company's extensive reputation and goodwill, both domestically and internationally. The court concluded that the defendants' chosen name was nearly identical to Nintendo, posing a significant risk of confusion among the public and the trade.

The court emphasized that Nintendo's decades-long reputation and goodwill make it evident that adopting the disputed name was aimed at capitalizing on the Plaintiff's goodwill and reputation, misleading the public into believing a connection between the two entities.

The High Court subsequently restrained the defendants and all individuals acting on their behalf from using 'Nintendo India Private Limited' or the 'NINTENDO' mark in any capacity until further directives are provided.