The roar of jet engines filled the air as Zaboru Renkonan and James Yoel stepped off their plane at Los Angeles International Airport. Despite the long flight, Zaboru looked calm and focused, dressed in a simple black shirt and jeans. His signature helmet was tucked under his arm. He wouldn't need it here—not in the courtroom.
Waiting just outside the arrivals gate was Ryan Miller, CEO of Emerald Wings. His face lit up when he spotted them.
"Zaboru! James! Thank God you're here," Ryan said, rushing forward to shake their hands. "This whole lawsuit is insane. They're really going through with it."
"We figured," James muttered.
"We're not worried," Zaboru replied coolly. "But we need a strong legal defense. Any news?"
Ryan nodded and led them to a waiting car. "Actually, yes. There's a lawyer—John Kirby. He's not a celebrity attorney, but he has a strong track record defending smaller companies and underdogs in plenty of cases. He's well respected in the legal community, and get this—he contacted us. Said he's been following the case and believes that ZAGE is completely in the right. He wants to represent us pro bono."
Zaboru's eyes lit up with surprise and a tinge of excitement. Fate must have a way even in this world John Kirby is the one who is defending them. "John Kirby? The guy known for defending the underdogs? . Let's go meet him right away."
They drove through Los Angeles traffic to Kirby's office. John Kirby greeted them in a tidy suit, his expression measured but kind.
"Mr. Renkonan, I've reviewed the complaint filed by Universal Studios," Kirby began. "Frankly, their case is weak. The character design of Donkey Kong, while similar in broad concept to a large ape, is not identical nor derivative enough to hold up in court. There's plenty of precedent for this. They're trying to use the 'Kong' name to scare you, but I believe we can win."
Zaboru nodded. "Thank you, Mr. Kirby. We'd be honored to have you defend ZAGE."
Kirby smiled and extended a hand. "Then let's get to work."
In the days leading up to the court date, Zaboru, James, Ryan, and Kirby worked around the clock preparing evidence, documentation, and visual breakdowns of the character design process for Donkey Kong. Zaboru even included original sketches from early concept stages to prove independent creation. Kirby was meticulous—he dissected every word of Universal's filing and prepared counter arguments for each claim.
September 25, 1992.
Courtroom 4B, Los Angeles Federal District Court.
The courtroom was packed. Media representatives filled the benches, reporters jostling for position. A camera crew quietly filmed from a corner, set to air clips on evening news networks. Everyone was eager to witness the first legal battle involving one of Japan's rising gaming stars.
Judge Marilyn Rosenthal presided over the hearing.
On one side sat the Universal Studios legal team, led by the sharp-tongued attorney Liam Murphy. Beside him sat executives from Universal, including CEO Kurt Summers. Across from them were John Kirby, Zaboru, James, and Ryan.
Court was called to order.
Murphy stood first, his tone condescending. "Your Honor, Universal Studios brings this lawsuit against ZAGE Corporation and its distributor Emerald Wings for blatant infringement upon our intellectual property—specifically, the unauthorized use of our iconic character archetype 'Kong,' most famously associated with 'King Kong.' We believe ZAGE's character, Donkey Kong, is a derivative work and was marketed without license or permission."
Judge Rosenthal nodded. "Mr. Kirby, your opening?"
Kirby rose calmly. "Your Honor, what Universal Studios fails to acknowledge is the fundamental difference between homage and infringement. Donkey Kong is a wholly original character created by ZAGE with no direct use of Universal's trademarks or design. The name 'Kong' itself has become a common term to describe an ape-like creature and is not exclusive in use. We contend that the similarities are superficial and not substantial."
Murphy immediately objected. "The very name 'Kong' draws confusion and builds off the fame of King Kong."
Kirby turned. "And what about dozens of other works that use 'Kong' in name but are not sued? ZAGE's Donkey Kong is a cartoonish, light-hearted character with no thematic similarity to Universal's King Kong, which is rooted in horror monster and adventure genres."
Over the next hour, both attorneys presented evidence. Murphy highlighted marketing material showing Donkey Kong smashing barrels, Diddy Kong climbing structures—"a clear mimicry of our monster scaling buildings," he claimed.
Kirby countered with ZAGE's character sheets, showing the creative development process, the game's different tone, and testimony from Zaboru himself.
"Your Honor," Kirby said, "ZAGE is a gaming company founded on creativity. Mr. Renkonan has developed a wide range of characters. Donkey Kong is a platforming character who throws barrels—not because of King Kong—but because it makes the gameplay engaging. There is no theft of story, no duplication of character design beyond the species of 'ape.' That's like suing over a wolf character because it resembles the Big Bad Wolf."
Liam Murphy tried to turn attention to the marketing gain ZAGE achieved.
"They profited from the association. Whether intentional or not, they used our brand power to elevate their own."
Kirby nodded. "Or maybe they succeeded because their game was fun, accessible, and offered something people wanted. The game stands on its own merits."
Judge Rosenthal remained stoic but alert through the proceedings. After a long session of arguments, the court was adjourned until the next day.
Outside, the press swarmed.
"Mr. Renkonan! Mr. Kirby! Is ZAGE going to settle?" "Do you think you'll win the case?" "Are you worried about American market backlash?"
Zaboru, without his helmet, calmly smiled and said, "We believe in fair creativity. We'll let the court decide."
That evening, news broadcasts across America aired clips from the courtroom, and for the first time, the public saw the face behind ZAGE. Newspapers and the gaming community erupted with reactions—not only to the trial itself, but to the revelation of Zaboru's identity. Japan's media quickly picked up the coverage as well. TV Tokyo, NHK, and other networks ran features on "The Genius Behind ZAGE," showing side-by-side footage of Zaboru with and without his iconic helmet.
Gamers across both countries were stunned—not just by his youth, but by his calm demeanor and charm. Yet while his appearance surprised many, their support never wavered. There are many who give Letters of Encouragement to Emerald Wings in US and ZAGE offices in Japan.
And Zaboru? He simply returned to his hotel, calm and composed, preparing for another day in court. He had no doubt they would win. But more than that, he wanted to prove that innovation shouldn't be punished just because it found success.
To be continued...
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