Malikie Innovations Ltd. v.Nintendo of Europe SE & Nintendo Co., Ltd.
Hamburg (DE) Local Division · UPC-001158
Malikie Innovations Ltd. filed an infringement action against Nintendo of Europe AG and Nintendo Co., Ltd. concerning EP2579551, but had erroneously named Defendant 1 as 'Nintendo of Europe AG' instead of 'Nintendo of Europe SE,' the latter being the universal successor. The Court granted the rectification of the defendant's name, finding no unreasonable prejudice since Nintendo of Europe SE had taken over all assets, premises, email addresses, and the VAT number of the former AG. The Court also determined that the date of service on the corrected defendant was deemed effected on 17 October 2024, serving as the starting point for the time-limit to file the Statement of Defence.
