A new lawsuit accuses Nestle SA of blatantly violating the rights of Atari by using without permission the classic 1970s video game “Breakout” in a new marketing campaign for its Kit Kat chocolate-covered wafers. The UK advert in question shows four people playing a game that looks very similar to the classic title, the main difference being that the bricks have been replaced with Kit Kat bars. And the fact the commercial is named “Kit Kat: Breakout”. Atari said the similarity between the ad and its game “is so plain and blatant that Nestle cannot claim to be an ‘innocent’ infringer”. Breakout was developed as a successor to the iconic Pong, and was designed by Nolan Bushnell, Steve Bristow, and Apple co-founder Steve Wozniak.
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