Midway Wins
U.S. International Trade Commission
'Recommended Determination'
On January 9, 1981 , an administrative law judge of the U.S. International
Trade Commission issued a 'Recommended Determination' favorable to MID-
WAY on its complaint which was based on MIDWAY'S exclusive rights in the
GALAXIAN'M game in the U.S.A The complaint sought to obtain an order to
exclude certain imported video games and game kits entry into the United States
and also sought cease and desist orders against a number of individual companies
infringing on these rights.
The ITC initiated its investigation on June 20, 1980 (No. 337-TA-87) and
after extensive evidentiary hearings were held in Washington, D.C., with actual
games in evidence and depositions were taken of numerous witnesses who had been
subpoenaed in various cities throughout the country, the judge found basically that:
1. The word GALAXIAN'M as well as the GALAXIAN'M logo are
valid trade marks of MIDWAY.
2. The GALAXIAN'M video game is copyrightable subject matter.
3. MIDWAY owns the United States copyrights in the GALAXIAN'M
video game.
4. All of the accused games infringed MIDWAY' S copyrights in the
GALAXIAN'M game.
5. Those games which had the G ALAXIAN'M or similar name or logo
also infringed MIDWAY'S trade mark rights.
6. All the respondents against whom evidence of actual importation or
sale existed and who had not entered into an approved settlement
agreement violated Section 337 of the U.S. Tariff Act of 1939.
MIDWAY intends to continue its policy of actively enforcing its exclusive rights
in GALAXIAN'M and its other popular games introduced since GALAXIAN'M .
These games include PAC-MAN'M, RALLY-X'M, SPACE ENCOUNTERS'M,
and SPACE ZAP'M as well as its newest game, GORF'M.
MIDWAY MFG. CO.
A BALLY COMPANY
Franklin Park, Illinois 60131
© 1981 MIDWAY MFG. CO . All rights reserved.