Nintendo’s beloved character Kirby was named after attorney John Kirby, who defended the company in a landmark 1984 lawsuit against Universal Studios claiming Donkey Kong copied King Kong.
Here’s the TL;DR…
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John Kirby successfully argued Nintendo’s case by showing Universal had once declared King Kong public domain.
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Nintendo honored him by naming their new character Kirby in 1992.
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The company also gave Kirby a $30,000 sailboat christened Donkey Kong.
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Kirby’s legal work extended beyond gaming to civil rights and voting protections.
Who Defended Nintendo in the Donkey Kong Lawsuit?
John Kirby served as Nintendo’s lead attorney in the high-stakes battle with Universal Studios.
He joined the case after Universal sued Nintendo of America in 1982, alleging trademark infringement.
At the time, Donkey Kong had become a massive hit in arcades, drawing comparisons to the famous movie monster.
Kirby, a partner at Latham & Watkins, brought his experience from the U.S. Department of Justice’s Civil Rights Division to the fight.
His strategy turned the tables on Universal in a way that saved Nintendo millions.
What Sparked the Universal Studios vs. Nintendo Case?
Universal claimed Nintendo’s Donkey Kong game ripped off their King Kong property, right down to the damsel-in-distress plot.
The lawsuit demanded Nintendo halt sales and pay damages for every cabinet sold.
Nintendo countered that Donkey Kong was an original creation by Shigeru Miyamoto, inspired by various sources but not a direct copy.
The case went to trial in the U.S. District Court for the Southern District of New York.
How Did John Kirby Win the Lawsuit for Nintendo?
Kirby uncovered a key inconsistency in Universal’s history.
In a 1975 case against RKO Pictures, Universal had argued King Kong was in the public domain to remake the film without paying royalties.
He presented this evidence to Judge Robert W. Sweet, who ruled in Nintendo’s favor in July 1984.
The judge noted the hypocrisy and awarded Nintendo $1.8 million in legal fees from Universal.
This victory cleared the path for Nintendo’s expansion in the West, paving the way for icons like Mario.
Why Did Nintendo Name Their Character Kirby After the Lawyer?
As a gesture of gratitude, Nintendo named their 1992 Game Boy character Kirby after John Kirby.
The pink, inhaling hero debuted in Kirby’s Dream Land, created by Masahiro Sakurai.
The connection was confirmed by Nintendo executives, including former president Hiroshi Yamauchi.
It wasn’t just a name drop—it symbolized how Kirby’s legal win kept the company afloat during its early U.S. push.
Nintendo also gifted him a 27-foot sailboat worth $30,000, dubbed Donkey Kong, with exclusive rights to use the name for boats.
What Other Work Did John Kirby Do Outside of Nintendo?
Before gaming law, Kirby fought police brutality and advanced voting rights in the 1960s.
As head of the Justice Department’s Civil Rights Division under President Lyndon B. Johnson, he enforced the Voting Rights Act in Southern states.
He investigated cases like the beating of civil rights workers and pushed for school desegregation.
Later, in private practice, he handled antitrust and intellectual property for clients like PepsiCo.
His career blended public service with corporate defense, earning him respect across fields.
When Did John Kirby Pass Away?
John Kirby died on October 2, 2019, at age 79 from complications of blood cancer.
Tributes poured in from the gaming community, highlighting his unintended pop culture legacy.
Nintendo issued a statement thanking him for his role in the company’s history.
Fans remembered him as the real hero behind the puffball.
How Has Kirby’s Legacy Evolved in Nintendo Games?
Since 1992, Kirby has starred in over 30 titles, from platformers to spin-offs like Kirby’s Epic Yarn.
The series emphasizes fun, accessible gameplay with copy abilities.
Recent entries like Kirby and the Forgotten Land on Switch have kept the character relevant.
His name’s origin adds a layer of trivia for longtime fans.
What Collectibles Celebrate Kirby and Donkey Kong Today?
Fanatics Collect recently highlighted a graded Kirby AR card from the Nintendo 3DS era.
Items like vintage Donkey Kong cabinets fetch high prices at auctions.
Enthusiasts can find Kirby plushies, figures, and cards through official channels.
The story ties into broader gaming memorabilia trends.
John Kirby’s win not only secured Nintendo’s future but also wove a unique thread into pop culture, where a courtroom victory birthed one of gaming’s cutest icons.
As Nintendo continues to innovate, this tale reminds us how legal battles can shape entertainment empires.
For collectors and gamers, it’s a nudge to appreciate the behind-the-scenes heroes who make the magic possible.
Hat Tips
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Wikipedia: Universal City Studios, Inc. v. Nintendo Co., Ltd.
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Polygon: John J. Kirby, lawyer and namesake of the Nintendo character, dies at 79 — October 5, 2019
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The Washington Post: The real-life inspiration for Nintendo’s Kirby battled for black voters, against police brutality — November 20, 2019
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Nintendo Fandom: John Kirby
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Virginia Law Weekly: From UVA Law Student to Beloved Nintendo Character: The Story of John Kirby, Jr. — November 8, 2023
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Wikipedia: John Kirby (attorney)
Article Compiled and Edited by Derek Gibbs on January 27, 2026 for Clownfish TV D/REZZED
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