It was a crisp autumn afternoon on October 22, 1989, when Nick Thiemann and his son Clark embarked on a trip to the local Child World toy store in Westport, Connecticut. Clark, a determined young boy with a passion for gaming, had been diligently saving money by collecting soda cans and bottles at a nearby athletic field. Finally, his efforts paid off, and he was ready to purchase a new game for his beloved Nintendo Entertainment System (NES).
Little did they know, their shopping trip would mark the beginning of a legal battle that would capture headlines and raise questions about consumer rights and video game marketing.
A Disappointing Discovery
At the store, Clark excitedly chose LJN’s Major League Baseball, a title boasting the distinction of being the first NES game with an official MLB license. Retailing for $39.99, it promised to bring the excitement of professional baseball into the living room. But as soon as they got home, Clark’s enthusiasm gave way to disappointment.
Despite the game’s MLB license, it lacked an essential feature: player names. Due to the absence of a license from the MLB Players’ Association, the game used only team names, stats, and uniform numbers. For a young fan eager to manage his favourite players, this omission was a dealbreaker.
“This isn’t what I thought it was,” Clark complained to his father. Sympathetic to his son’s plight, Nick attempted to return the game. Unfortunately, the store refused, citing a strict policy against refunds for opened items. They could only exchange it if the cartridge was defective—a situation that left Nick and Clark feeling duped.
Taking Nintendo to Court
Nick Thiemann wasn’t just a disappointed parent; he was a lawyer. Frustrated by what he saw as deceptive marketing, he decided to take action. On January 16, 1990, Nick and Clark filed a class-action lawsuit against Nintendo of America, LJN, and Major League Baseball. Their claim? The game’s packaging violated the Connecticut Unfair Trade Practices Act by misleading consumers.
The lawsuit demanded punitive damages, attorney fees, a $40 refund, and changes to the game’s packaging to prevent further confusion. It also sought to allow other dissatisfied buyers to join the case.
The story quickly attracted media attention. While some outlets found humour in the situation, others saw it as an important stand for consumer rights.
Nintendo’s Defence and the Court’s Decision
Nintendo responded with a motion to dismiss, arguing that the claims failed to demonstrate a legal basis for action. Their defence highlighted that the game never explicitly promised player names and that its rosters were accurate at the time of development in 1987. The phrase “simulate being a manager,” they argued, did not legally require the inclusion of player names.
On December 28, 1990, Judge Ellen Burns sided with Nintendo, dismissing the case. While the Thiemanns appealed, they eventually withdrew, marking a definitive victory for the gaming giant.
The Legacy of the Case
Despite its flaws, LJN’s Major League Baseball went on to sell over a million copies. The Thiemanns’ lawsuit, though unsuccessful, set a precedent for questioning marketing practices in the gaming industry.
Nintendo, for its part, would face other legal challenges in the years that followed, from claims of carpal tunnel syndrome to allegations that its games caused seizures. These cases highlighted the growing pains of an industry grappling with consumer expectations and product liability.
A Glimpse into Gaming History
Looking back, the Thiemann lawsuit serves as a fascinating snapshot of an era when gaming was still finding its footing. It also reminds us of the passion and loyalty that fans bring to the hobby—passion strong enough to inspire a 9-year-old to fight back.
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