Play Meter

Issue: 1985 September 01 - Vol 11 Num 16

those alfected. It should not have been
a secret agreement. one which is
unsatisfactory to operators." Van
Brockel said.
Van Brockel pointed out that
OMAA had been asked to support the
original proposal of a SSO one time tee
on new jukeboxes and a one time tee
of 525 tor used ones. The association
had garnered support tor this proposal
and " now we have egg on our !ace."
said Van Brockel. commenting on the
agre ement being made with no
advance notice. "Those we contacted
tor support of a proposition are not
likely to be as willing to listen to us in
the future." he said.
Van Brockel summed it up. "Our
biggest goal is making N.tlOA aware
that i1 legislative negotiations are
scheduled again. we want to be
involved. not ignored."

Nintendo wins against
King Kong claim
N intendo o f America. Redmond.
Washington. has won a counterclaim
against Universal Studios. Inc. Univer-
sal had originally tiled a trademark
infringement action seeking overS 100
million dollars. claiming that Nintendo
had infringed on Universal's rights to
King Kong by introducing the popular
game Donkey Kong in 1982. Universal
demanded that Nintendo cease all
production of Donkey Kong and g ive
Universal all pro!its. Universal also
threatened various Nintendo licensees
with litigation.
One of the licensees was Coleco.
who had the license tor the home
ve rsion of Donkey Kong. Coleco. due
to other business matters involving
Universal and unable to take the risk of
litigation. settled with Universal. subse-
quently paying Universal over SS
millio n in royalties !rom the sale of
hom e video cartridges of Donkey
Kon g .
Nintendo. according to general
counsel Howard Lincoln. was out-
raged at the threats. "We felt they
( Universal ) were trying to extrad
money !rom N intendo and we were
determi ned to tight it to the end."
Nintendo had requested a sum-
mary judgment ( a judge studies the
evidence and makes a ruling without
g oing to a trial ) and it was granted by
Judge Robert Sweet of the United
States District Court in New York. who
d ismissed Universal's claims. He also
found tha t Universal had no rights to
King Kong. A federal court of appeals
PLAY METER. September 1. 1985
a11irmed Judge Sweet's dismissal of
the claim.
Nintendo then !iled the counter-
claim tor tortious interference with its
licensees. unjust enrichment. vicarious
copyright infringement. punitive
damages. and attorney tees. In his
opinion issued at the July 29 trial.
Judge Sweet found that Universal had
commenced the litigation against
Nintendo in bad faith and had falsely
asserted rights in King Kong which it
knew it never had. He also found that
in its zeal to cash in on the success of
Donkey Kong. Universal had infringed
on Nintendo's Donkey Kong copyright
and had wantonly interfered with Nin-
tendo's Donkey Kong licensing pro-
gram by threatening licensees with
spurious litigation. Nintendo was
awarded attorney tees. actual and
punitive damages against Universal.
The award is in excess of one million
dollars.
The judge noted in his award of
attorney's tees when the complaint of
this action was tiled. Universal knew
that the allegations of the sweeping
ownership of King Kong were unsup-
ported by the rights Universal actually
possessed. Universal used the lawsuit
as part of a larger elfort to acquire
some portion of the profits derived
trom .. .Donkey Kong. Universal and
(Universal's president and chief
operating officer Sidney Jay) Shein-
berg. viewed corporate litigation as a
" profit center." and the known insut!i-
ciency of the claims asserted did not
inhibit the use of litigation where the
opportunity tor profitable settlement
existed."
The judges comments came !rom
Sheinberg's boast to Nintendo prior to
litigation. as he attempted to force a
settlement. that Universal's litigation
department was a profit center and
that Nintendo had better start saving
money tor attorney tees.
In commenting on the victory.
Lincoln noted. " It !sa nice victory. It is a
case of a small company standing up
to a big company and winning. It's a
situation where you truly !eel that
justice has been done."
Coleco has tiled a suit against Uni-
versal to recover the SS million it has
paid Universal.

Kramer focuses
on locations
M . Kramer Manufadurtng Com-
pany. Lakewood. New Jersey. has
embarked on a unique marketing
KIDDIE RIDE
OPERATORS
•••
"Here 's Solid State Sound"
Solid State Lighting
.. .Add attra ct llghttng to your units
and increase profits ...
KIDDIE RIDES
We carry
a complete line
of kiddie rides by:
• ••
AUT Y
ESIGN
NGINEERING
Call or W.dte:
P.O. Box 295 • Bus. 54 South
Eldon, Missouri 65026
1-314/392-7964
1-314/392-3374
11
THE
CALENDAR
S.pt•mb•r 20-21
Michigan Coin Machine Operators
Association Annual Convention. Flint
Hyatt P.egency. Flint, Michigan. Con·
tact Wolter Maner. 517/ 372-2323.
To b• onnounc.ct
West Virg inia Music & Vending
Association (exhibits (25 booths),
contact leoma Bollard. 304/949·
3269
Possibly 2nd wHk In Octob.,
Amusement & Music Operators of
Virginia General Membership
Meeting , John Marshall Hotel.
Richmond. Vlrglnio. Contact louis
Corso, 604/359-2030.
Octob.r 12
Washington Amusement & Music
Operators Association General
Meeting/Election of Officers. Contact
Yvonne Kline, 509/457-5691 .
Octob.r 01-Nov•mb.r 2
AMOA 1965 International Exposi-
tion of Gomes and Music, Hyatt
P.egency Chicago, Chicago, Illinois.
Contact AMOA. 111 East Wacker
Drive, Chicago. Illinois 60601.
Telehone 312/644-6610.
To b• onnounc.ct
Amusement & Music Operators Asso-
ciation of New Jersey Annual Dinner
Dance/Installation of Officers.
Contact James Cuccio or Michael
P.edpoth, 201/929-166 7
To b. onnounc•d (Nov•mb.r)
Music & Amusement Association. Inc.
(NY) Annual Meeting & Election of
Officers. Contact P-onold Koppel-
man, 212/245-7550
lnt•rnotlonol Shows
Octob.r 2-0
JAMMA 23nd Annual Amusement
Machine Show, Tokyo P.yutsu Center,
1·1 , Helwojimo 6-chome, Oto·ku,
Tokyo 143, Japan. Organizers:
Japan Amusement Machinery Manu·
focturers' Association, P.oom 704,
Nogoto-Cho TllR Bldg .. 2-10-2,
Nogoto-Cho. Chiyoda Word, Tokyo
100. Japan. Telephone 593 -
2563/4.
Octob•r 10-10
ENADA. Congress Building. Rome:
Contoct.SAPAR, Vlo di Vlllo Potrizi. 1 0-
Cop 00161 , Rome. Telephone
64.41.505.
Octob•r 29-00
A.l. Preview, Novotel. Hammersmith,
london. Contact Howard and
Wikberg Associates, 27 Elizabeth
Mews, london NW3. Telephone 01 -
722 5173
12
concept for its new LA Trivia game.
The company's trivia game is under
license from the Anheuser-Busch com-
pany. maker of the new low alcohol
beer. LA beer. The Anheuser-Busch
company will have its 50.000 man
sales force promoting Kramer's LA
Trivia along with its LA beer.
Coin-operated amusement ma -
chine manufacturers rarely focus on
the locations to promote products.
Distributors are the target of manu-
facturer hype. who in turn are
delegated the responsibility of pro-
moting the products to operators who
will sell locations on the games.
Kramer has bypassed the normal
promotion channels to focus on stimu-
lating locations. although the LA Trivia
game will only be sold through
normal distribution channels. Said
David Katz. Kramer's vice president of
sales and marketing. "We are not
trying to sell direct to locations. We are
only creating the demand for the
game at the location level. Then the
location must contact its local opera-
tor or us for referral. "
Katz continued. " In this industry it's
always been difficult to reach opera-
tors. They don't all attend trade shows
or even read trade magazines. So we
felt that we should go directly to loca-
tions to create a demand for a
product. "
When asked i1 operators would
object to Kramer creating a demand
for a certain product. Katz said. "This
may be a kick the opertors need. We
are doing the same thing operators
do. creating location demand. and I
believe ambitious operators will
welcome the unique opportunity."
Bill Kraft. an operator and distribu-
tor in Oregon agreed. "Kramer is
giving us operators one less thing to
worry about. selling a location on a
game. They ore doing the work and
we can benefit from the program.
Going to the locations is certainly help-
ing operators I must get five calls a
day from people wanting in1ormation
on the game."
Katz said that the program is a
great opportunity for aggressive
operators to work with locations.
"There are many advantages to
working with a nationally known com-
pany like Anheuser-Busch. There are
opportunities for operators to hold
trivia contests to stimulate excitement
in the game."
Said Kraft. " Holding trivia tourna-
ments may wind up as national com-
petition."
Kramer is also concentrating on
new programs for LA Trivia. The com-
pany has contracted with the New
American Library. a large publishing
company of trivia questions.

B&W announces
incentive program
Brown & Williamson Tobacco
Corp . of Louisville . Kentucky .
announced a vending program
which provides additional bonuses for
vending machine operators.
, According to Irv Ott e. B&W director
of vending. a key feature of the new
vending contract is an annual bonus
which provides a base payment plus
$3 per machinf' for combinations of
Kool King and either Kool Mild Kings or
Kool I DO's: payment plus $8 per
machine for three-brand combina-
tions of Kool King. Kool Mild Kings. and
Kool IOO's: and an additional $7 pay-
ment per machine for a fourth B&W
brand.
In addition. each new Kool IOO's or
Kool Mild Kings placement added to a
cigarette machine on location earns
an $8.50 one-lime bonus.
New placements of one style of
Coins. B&W's new discount cigarette
distributed solely through the vending
trade. earns a $2 bonus. A $6 bonus is
earned for placement of both Coins
Filter Kings and Coins Filler Lights. i1
three B&W brand styles are already in
the machine.
Said Otte. "We hope this program
will provide the incentive for
expanded v ending distribution of
Kool and provide additional support to
the launch of Coins. introduced in
January 1985 with a suggested selling
price 25 cents less than popular priced
cigarettes ...
For more information. contact Irv
Otte. Brown & Williams. 1500 Brcwn &
Williamson Tower. P.O . Box 35090.
Louisville. Kentucky 40232. Telephone
502/ 568-7419

Cali1ornia association
joins VOCAL
The California Ct.• .n Machme
Association (CCMA) has joined the
Skill Game Operators Association in
pledging support of the Video
Operators Children 's Alert Line
(VOCAL ).
VOCAL was begun in 1983 by the
operators in Oregon and Washington
to assist police agencies in locating
PLAY METER. September 1 . 1965

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