Atari V. Redbubble
Case 4:18-cv-03451-JST Document 97 Filed 01/28/21 Page 1 of 33 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ATARI INTERACTIVE, INC., Case No. 18-cv-03451-JST Plaintiff, 8 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S v. 9 AND DEFENDANT’S MOTIONS FOR SUMMARY JUDGMENT; ORDER 10 REDBUBBLE, INC., SETTING CASE MANAGEMENT CONFERENCE Defendant. 11 Re: ECF Nos. 73, 75 12 13 Before the Court are the parties’ cross-motions for summary judgment. ECF Nos. 73, 75. 14 The Court will grant the motions in part and deny them in part. 15 I. BACKGROUND 16 A. The Parties 17 Plaintiff Atari Interactive, Inc. (“Atari”) is an early video game company. ECF No. 64-69 United States District Court District United States Northern District of California District Northern 18 ¶ 15. “The Atari brand is one of the most iconic brands in video game history and has been and 19 remains well-known throughout the public at large.” Id. ¶ 16. Beginning in the 1970s, Atari 20 created a series of popular arcade video games, including Pong, Asteroids, and Breakout. Id. ¶ 23. 21 These games continue to have “retro” appeal to users, who build fan sites, play the Flash versions 22 of these games, and follow Atari on Twitter. ECF No. 64-71 ¶ 27. Atari capitalizes on this good 23 will by licensing official merchandise, including apparel, toys, games, drinkware, stickers, decals, 24 and replica arcade cabinets. Id. ¶ 29. Atari has also released a “greatest hits” collection for 25 Nintendo DS that packages its early games.
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