According to a report published this morning in CourtHouse News Nintendo has taken aim at New York-based NXPGame Inc., a reseller of game copy devices for the Nintendo DS. The company has sued Kevin Niu (aka Kui Niu) and his company claiming copyright infringement. NXPGame sells a variety of R4 products.
According to a federal complaint filed on May 11 in the Washington Western District Court in Seattle, Nintendo seeks statutory damages of $150,000 for infringement of each copyrighted work and $2 million for infringement of each Nintendo trademark.
"In connection with their sale, marketing and distribution of game copiers, defendants instruct users how to download material from the Internet, including directing users to third-party Web sites to download pirated Nintendo games, load the material into game copiers, and play the material on a Nintendo DS," according to the federal complaint.
Nintendo is being represented by Charles Christian Sipos and Susan Donnelly Fahringer of the law firm, Perkins Coie. The case has been assigned to District Court Judge Marsha J. Pechman. No web site seems to be available for NXPGame Inc. at this time; the only thing I could find was a domain parked by GoDaddy. More details as they become available.