Wee Wars

The Wiimote is a popular nickname for the remote control used in the goliath gaming system, Nintendo Wii.

The Weemote is a remote control for kids, trademarked by Fobis Technologies in 2000.

How can these two products coexist in such a similar field? Time magazine recently published an interesting article about the situation. The catch is that the Nintendo Wiimote name is not trademarked, or explicitly used in marketing or packaging campaigns but, rather, has come to popularity through online and third party communications.

While Nintendo is enjoying a free marketing ride thanks to internet chatter, Fobis is in a bind. “Wiimote” has become part of mainstream gaming vernacular, and the Weemote brand has been severely diluted as a result. A small company, Fobis does not have the time or resources to patrol all third party Wiimote buzz to protect their trademark. Offers to sell the Weemote name to Nintendo have also been rejected.

The article raises many questions about intellectual property and trademark protection in the age of the internet. At what point does buzz become infringement? And how can small companies protect their trademarks in these situations?

How do you think the issue should be resolved?

Contributed by: Maghan Cook