February 5th, 2021


Re: Unauthorized Use of the Nintendo Brand in Offensive Video Content


Dear Mr. Thirtyacre:


We represent Nintendo of America Inc. (“Nintendo”). The purpose of this correspondence is to address your unauthorized use of the Nintendo brand in conjunction with the profane and offensive content on your multiple YouTube channels named after iconic Nintendo characters. Nintendo has received many complaints from the community who have expressed confusion and disgust at your use of Nintendo brand and intellectual property, including particular concern for children who are drawn to your content based on your unauthorized use on the Nintendo brand. And while you promote your content as “100% family friendly”, your channels target and attack historically disadvantaged and/or protected classes of people, including but not limited to:


* the Asian community

* the Black community

* the Hispanic community

* the LGBTQ+ community

* mentally and physically disabled children, and

* women.


Your content perpetuates discriminatory and offensive stereotypes while degrading and ridiculing members of the LGBTQ+ community, and Black Lives Matter, mocking individuals with disabilities, objectifying women, trivializing sexual assault, and using racist, sexist, homophobic and ableist terms. In addition, your content further glorifies child abuse, and regularly features sexually explicit content, including depictions and discussions about sexual assault and rape. You have profited from Nintendo’s brand and intellectual property, caused confusion among Nintendo’s customers and the public as to the source of this content, and tarnished the goodwill and positive reputation that Nintendo enjoys.


Specifically, you have used Nintendo’s brands and intellectual property to create content for, and to draw attention to, your YouTube channels SuperMarioLogan, SuperLuigiLogan, SuperBowserLogan, SuperYoshiLogan, SuperWarioLogan, SuperWaluigiLogan, and SuperDaisyLogan, and corresponding social media pages and merchandise store at [www.smlmerch.com](https://www.smlmerch.com). You have also used Nintendo’s registered SUPER MARIO trademark and other intellectual property to raise money on your pages at [www.patreon.com/supermariologan](https://www.patreon.com/supermariologan) and [www.patreon.com/SMLT](https://www.patreon.com/SMLT). Attached as **Exhibit 1** to this letter are just a few countless examples of the offensive and derogatory content found in your “Super Mario” videos. These acts violate Nintendo’s intellectual property rights, and go far beyond any notion of fair use. Nintendo requests that you immediately 1) rename all of your YouTube content to omit the use of Nintendo’s trademarks in the channel or video titles: 2) cease all use of Nintendo’s intellectual property to promote and publicize the content on your YouTube channels, including but not limited to titles, meta tags, keywords, and thumbnails: and 3) otherwise cease unauthorized use of Nintendo’s intellectual property in your videos, Nintendo reserves all rights, remedies and defenses under federal laws 17 U.S.C , 501 , and 15 U.S.C , 1114, 1125, and all state and common law claims for unfair competition.


Very truly yours,


cc: Nintendo of America Inc.