Nestlé, a producer of confections and foodstuffs, has been accused of violating Atari's intellectual property for Breakout in a 2016 Kit Kat TV ad.
You are allowed to parody something without fear of litigation. End of lawsuit...
The only issue there is Parody is typically tightly defined - so it's not anywhere close to a guarantee that the Kit Kat commercial would fall there and not under something like derivative works.
Basically, you can use pop cultural references.... And parody things.... And be free and clear. Playboy and a Hustler set that precedent way back when. Plus they substituted KitKat bars for bricks.
Give me a break.... pun intended.
There like one million version of Flappy bird, 2048 or Minecraft. No one can copy Breakout now?
I suppose they've got a case, with the advert and the "Kit-Kat Breakout" tag line it's pretty clear. If I was Atari I'd have just been happy for the free publicity but hey.
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