The morning after the first round of trial arguments, tension lingered in the air like mist. Though John Kirby had delivered a flawless defense and successfully disarmed much of Universal Studios' accusations, Zaboru knew the battle wasn't over yet. And indeed, he was right.
The judge had requested a continuation of the hearing for one more day to allow both parties to submit supplemental materials and make any final rebuttals. It was clear Judge Rosenthal took the matter seriously. This wasn't just a legal dispute—it was a landmark case, one that might set a precedent for gaming and creative rights.
Back at the temporary Emerald Wings office setup in Los Angeles, Zaboru, Kirby, James, and Ryan pored over documents late into the night. Zaboru couldn't help but feel a deep responsibility. He had brought so many unique characters into the world of ZAGE, but now their very existence was under threat because of a single misunderstanding.
"We're close," Kirby said, scribbling notes beside a marked exhibit. "But I want to strike a definitive blow tomorrow—something that clearly communicates how different ZAGE's Donkey Kong is from Universal's King Kong."
Zaboru leaned in. "What about the tone and gameplay angle? We've got a cartoon character designed for family fun and skill-based platforming. King Kong is a symbol of tragedy, horror, and spectacle. There's no overlap except for the word 'Kong.'"
Kirby nodded. "Exactly. And that's what we'll emphasize."
September 26, 1992.
Day two of the trial. The media coverage had expanded. Headlines across newspapers and TV screens blared: "ZAGE vs. Universal Enters Final Day." Camera flashes greeted the courtroom entrance as both legal teams filed in. Kirby adjusted his tie while Zaboru, calm as ever, took a seat behind him.
Once the court was called to order, Judge Rosenthal gave both parties an opportunity to present final arguments.
Universal's lead attorney, Liam Murphy, gave a fiery summation. He insisted the public would naturally associate ZAGE's Donkey Kong with Universal's King Kong. He claimed it was an intentional coattail ride on decades of cinematic branding.
When Kirby took the floor, he was collected and deliberate. He pulled out a poster-size comparison board showing ZAGE's Donkey Kong beside King Kong in various depictions.
"Your Honor," Kirby began, "this is not a battle over rights. It's a battle over assumptions. Universal claims the word 'Kong' is theirs alone. But words evolve. Icons evolve. We live in a world where countless works exist with apes, monsters, even the name 'Kong'—and none have been subject to this level of litigation."
He paced slowly. "Donkey Kong is not a monster. He's a mischievous, cartoonish figure tossing barrels, not climbing skyscrapers or destroying buildings. There is no thematic or narrative theft. This is a gameplay-first design with character flavor added later. If we punish creativity under such a wide net, we stifle innovation."
Judge Rosenthal listened, stone-faced.
Kirby concluded: "ZAGE's Donkey Kong is not a duplicate. He's a product of independent imagination, crafted in a completely different industry. This lawsuit should not stand."
The court recessed.
Back in the hallway, Kirby took a deep breath. "We did everything we could. Now it's in her hands."
An hour later, everyone was summoned back.
Judge Rosenthal returned with the written decision in hand. She looked down at the courtroom before speaking clearly:
"After careful consideration of all materials and arguments presented, the court finds in favor of the defendant, ZAGE Corporation. The plaintiff, Universal Studios, has failed to demonstrate substantial similarity or intellectual property infringement. This case is dismissed with prejudice."
The air in the courtroom erupted. Reporters immediately rushed out to file stories. James let out a cheer and clapped Ryan on the back. Kirby stood with a smile of calm satisfaction.
Zaboru remained seated for a moment, letting it sink in. They had done it. Justice had prevailed.
Outside the courthouse, a wall of cameras greeted the ZAGE team. Microphones were shoved forward, reporters shouting questions.
"Mr. Renkonan! How does it feel to win against Universal?"
Zaboru stepped up to the podium, his voice steady. "I am grateful for the court's decision. Creativity is something we must protect—not punish. I thank everyone who believed in us, and most of all, I thank our lawyer, Mr. John Kirby, whose guidance and brilliance made this possible."
He paused, then smiled. "ZAGE will remember him. In fact, I intend to create a character in our universe based on his name. So that all gamers and creators will know: when you stand up for what's right, you become part of something greater."
John Kirby, standing just beside him, looked genuinely touched. "That's very kind of you, Zaboru. It was an honor."
That evening, back at their hotel, the team gathered for a quiet dinner. For the first time in weeks, the pressure had lifted. Zaboru stared out the window at the Los Angeles skyline, the glowing city stretching endlessly beneath him.
"I meant every word," he said softly to James. "That character Kirby'—it won't just be a tribute. It'll be a symbol of fairness, of strength through kindness. A protector of the creative spirit."
James smiled. "The world's going to love it." While Kirby just smiles, "I look forward to that Mr Renkonan, my son really loves your games by the way."
Zaboru chuckled "just call me Zaboru Mr Kirby and we are friends from now on" John Kirby smiled "Then you can call me John Zaboru."
And with that, Zaboru toasted with his friends and allies, ready to return to Japan not just as a creator—but as a visionary who stood his ground.
Meanwhile, in Universal Studios' executive office, Kurt Summers had just returned from court. Though he tried to mask his disappointment, the weight of the loss was undeniable. While the lawsuit had temporarily raised Universal's visibility, the defeat to a rising Japanese company like ZAGE was a bruise to his ego—and a red mark on the company's record.
"ZAGE, huh?" Kurt muttered under his breath, staring out the window. "Let's hope you keep your head down next time."
But deep down, he felt uneasy. Something told him this wasn't the last he'd hear of ZAGE. Little did he know, the very name he spoke with disdain would soon rise to dominate the global gaming world—a force so influential, even giants like Universal would tread carefully around it.
To be continued...
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