KitKat Lawsuit From Atari Slams 'Breakout' Game-Like Ad

Atari has filed a lawsuit against Nestle for using its game "Breakout" in a KitKat ad without permission. In the ad that ran in the U.K., KitKat bars were used like the bricks in the game.

"Breakout" was created by Apple co-founders Steve Jobs and Steve Wosniak in 1975 and has been a popular game for more than 40 years.

Atari is arguing that Nestle’s unauthorized use of the game has impacted Atari’s profits negatively, since Atari depends largely on licensing revenues. Atari also argued that it might be prevented from licensing its products to other companies if it didn’t fight this illegal use of “Breakout.”

“We are aware of the lawsuit in the U.S. and will defend ourselves strongly against these allegations,” a spokesman for Nestle U.K. said, Fortune reported.

In the ad, which no longer runs anywhere, adults and children used paddles to knock down the KitKats, which are arranged like the bricks in the game.

Atari is seeking three times the profits it estimates Nestle made from the ad, plus triple the punitive damages, Fortune reported.

Twitter pointed out that many others had cloned the game over the years.

Zillions of Breakout clones over the past 40 years and this is the one that generates a lawsuit - https://t.co/iyzjXnn6kK

— P Scott Patterson (@OriginalPSP) August 18, 2017

Allowing all those other clones might kill Atari's case. This is why Nintendo takes down even the slightest smell of infringement

— Dan Onymous (@PolymorphNinja) August 18, 2017

nestle has more money than an individual making a clone for his phone. Easy cash !

— KanedaFr - lone dev (@SpritesMind) August 18, 2017

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