Nestlé, the maker of KitKat chocolate bars, has been accused of copying the 1970s computer game Breakout in one of its marketing campaigns.
The BBC reports that Atari, the company behind Breakout, has filed a suit alleging Nestlé knowingly used a similar game in one of its advertisements, where the bricks were replaced by KitKat bars.
Atari maintains that the similarity with its original game "is so plain and blatant that Nestle cannot claim to be an 'innocent' infringer".
Nestlé Response
The advertisement, titled 'KitKat: Breakout', showed a group of people playing a video game during their work break. In the game, a paddle is used to bounce a ball and break KitKat bars.
Atari's legal complaint, which was filed last week, accused Nestlé of copyright and trademark infringement and unfair competition.
In response, a Nestlé spokesperson said, "This is a UK TV advert that ran in 2016. The ad no longer runs and we have no current plans to re-run it."
"We are aware of the lawsuit in the US and will defend ourselves strongly against these allegations."
© 2017 European Supermarket Magazine – your source for the latest retail news. Article by Sarah Harford. Click subscribe to sign up for ESM: The European Supermarket Magazine.
