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Universal appealed the verdict to the United States Court of Appeals for the Second Circuit.Nintendo and Universal argued the appeals case on May 23, 1984. As evidence of consumer confusion, Universal presented the results of a telephone survey of 150 managers and owners of arcades, bowling alleys, and pizza restaurants who owned or leased Donkey Kong machines.
John Joseph Kirby Jr. (October 22, 1939 – October 2, 2019) was an American attorney. He was most notable for his successful defense for Nintendo against Universal Studios over the copyrightability of the character Donkey Kong in 1984, from which Nintendo subsequently named the character Kirby to honor him.
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In 1982 Universal filed a lawsuit against Nintendo, which had created an impish ape character called Donkey Kong in 1981 and was reaping huge profits over the video game machines. Universal claimed that Nintendo was infringing on its copyright because Donkey Kong was a blatant rip-off of King Kong. [76]
Nintendo also fought off a claim in 1983 by Universal Pictures that Donkey Kong was a derivative element of their King Kong in Universal City Studios, Inc. v. Nintendo Co., Ltd.; notably, Nintendo's lawyer, John Kirby, became the namesake of Kirby in honor of the successful defense.