Shigeru Miyamoto's Testimony is Too Fascinating - The Behind-the-Scenes Birth of Donkey Kong, Rediscovered: Court Documents Reveal Nintendo's Creativity and Strength

There are many old tales surrounding Donkey Kong, but what is particularly interesting this time is that court documents from over 40 years ago vividly reveal that "the game was not the 'finished character' it is today from the start." Polygon highlighted public records related to the Universal vs. Nintendo lawsuit from the 1980s, which have been organized by Norman Caruso, known as The Gaming Historian, and made available online. This renewed attention is not merely nostalgic but also a re-examination of how tentative yet resilient Nintendo's character creation was.

The initial point of contention was Universal's claim that the name, character, and story of "Donkey Kong" were piggybacking on "King Kong." However, in the 1983 federal district court ruling, Universal's claims were dismissed, and the district court's decision was upheld on appeal. Reading the judgment reveals that the dispute was not just about "similarity" but a substantial intellectual property debate on whether Universal could genuinely claim trademark rights to King Kong and whether consumers were likely to confuse the two.

Particularly striking in the newly released documents is the testimony of Shigeru Miyamoto. In the deposition, Miyamoto explained that he aimed to make Donkey Kong "more human-like compared to an ordinary gorilla," and later clarified that this meant "a human behaving like a human in a gorilla costume." Additionally, he stated that he wasn't particularly attached to the name "Donkey Kong," and his favorite suggestion for the game's name was "Build-On." Furthermore, he mentioned that outside the context of lawsuit preparation, no one had ever told him that Donkey Kong reminded them of King Kong.

What makes this testimony interesting is that it shows the core of the Donkey Kong character was not merely a "giant ape," but rather a theatrical, comical, and somewhat human-like existence. Fans who grew up with the later series tend to perceive Donkey Kong as a mix of "powerful wildness" and "charm," but the original concept may have always had a "costume-like theatricality" embedded in it. This is more than just courtroom semantics; it offers a clue to re-reading the origins of Nintendo's character design. While this is an interpretation derived from the documents, not a definitive conclusion, the newly released documents certainly allow for such a reading.

Moreover, this trial does not end as merely an unusual episode. In a related 1985 ruling, the district court recognized Nintendo's counterclaim, acknowledging that Universal's actions had caused damage to Nintendo, granting Nintendo judgment, costs, and damages. This incident not only showed that Nintendo withstood the pressure from a major film company but also clarified its profile as a company protecting its IP in the American market. In retrospect, Donkey Kong is not only a masterpiece in gaming history but also a symbol of courtroom battles that supported Nintendo's corporate history.

The reaction on social media is also intriguing. As far as can be confirmed, the initial response was more about the "strength of the story" than anger or confrontation. On Reddit, there were light-hearted posts sharing just the key points about the old proposal "Build On," with reactions like "saved" and "thank you." Meanwhile, there were also posts correcting the timeline, noting that "1983 was in the context of the lawsuit and ports, while the arcade debut was in 1981," reflecting the meticulousness typical of the retro gaming community. In short, this topic is both a "hilarious tidbit" and a "material to test the precision of history."

Additionally, news dissemination accounts and game media accounts have treated the phrase "a human in a gorilla costume" as the most viral part. GamesRadar's headline prominently featured this point and "Build On," and the same section was highlighted in a Bluesky summary of a GoNintendo post. In other words, the first impression the public received from these documents was not so much about the "courtroom victory" itself but rather the surprise that "Miyamoto's idea was more bizarre and interesting than expected."

What's even more interesting is that this new material might fuel the Donkey Kong design debate that has been simmering in recent years. On Reddit, opinions have been divided over whether to support "Miyamoto's bright and expressive DK" or "the more wild and tough DK completed during the Rare era." While the recent testimony does not simply resolve this conflict, it at least reinforces that the "original DK" was much more human-like, theatrical, and symbolic than many people think today. Going forward, this story will likely be consumed not just as a courtroom anecdote but as a discussion in the design history of "what exactly is Donkey Kong."

Therefore, the value of the newly released documents lies not in the amount of trivia but in showing that "Nintendo's origins were more ambiguous than expected, and that's why they were strong." In court, this ambiguity worked not as evidence of imitation but as proof of being something different. Ironically, Universal and Nintendo, once courtroom adversaries, are now standing side by side in 2025 with the copyright registration for the "Untitled Donkey Kong Project; Motion Picture." Yesterday's adversaries become today's partners. Including this reversal, the history of Donkey Kong is indeed exceptionally dramatic within Nintendo's history.

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The main Polygon article. A reintroduction of the Donkey Kong lawsuit documents, which served as the basis for this draft.
https://www.polygon.com/donkey-kong-lawsuit-king-shigeru-miyamoto-deposition/

The 1983 district court ruling. Used to confirm the dismissal of Universal's claims.
https://law.justia.com/cases/federal/district-courts/FSupp/578/911/2363221/

The 1984 appellate court ruling. Used to confirm the upholding of the district court's decision.
https://law.justia.com/cases/federal/appellate-courts/F2/746/112/30961/

The related 1985 ruling. Used to confirm Nintendo's counterclaim and recognition of damages and costs.
https://law.justia.com/cases/federal/district-courts/FSupp/615/838/1515073/

Shigeru Miyamoto's deposition dated January 11, 1983, PDF. Used to confirm statements about "a human in a gorilla costume" and "Build-On."
https://ia801607.us.archive.org/view_archive.php?archive=%2F16%2Fitems%2Funiversal-v-nintendo-court-documents%2FUniversal+vs.+Nintendo+Court+Documents.zip&file=82-4259+%28Universal+vs+Nintendo%29%2FDepositions%2F1983-01-11+Shigeru+Miyamoto+%28Nintendo%29+Deposition+%2882-4259%29.pdf

Used to confirm the widespread reattention to the document release by The Gaming Historian and the overview of the document group.
https://www.pcgamer.com/games/beloved-youtuber-the-gaming-historian-moves-on-from-making-videos-with-a-parting-gift-a-ton-of-ancient-nintendo-court-docs-you-can-browse-on-the-internet-archive/

Used to confirm that "gorilla costume" and "Build On" have become prominent points of attention after the document release.
https://www.gamesradar.com/games/donkey-kong/massive-nintendo-court-document-reveal-shows-shigeru-miyamoto-saw-donkey-kong-as-a-man-in-a-gorilla-suit-and-wanted-his-original-arcade-game-to-be-called-build-on/

Example of reactions on Reddit. Used to confirm reactions turning "Build On" into a joke and the timeline supplement for 1981/1983.
https://www.reddit.com/r/donkeykong/comments/1sbt0kt/original_name_pitches_for_1983s_donkey_kong/

Example of news dissemination on Bluesky. Used to confirm which points news accounts are extracting.
https://bsky.app/profile/gonintendo.com

Used to confirm the current context of Nintendo and Universal standing together on a Donkey Kong movie project.
https://intellectual-property-helpdesk.ec.europa.eu/news-events/news/nintendo-and-universal-pictures-register-copyright-donkey-kong-project-eu-trade-mark-dispute-i-red-2025-07-21_en

Polygon article reporting on the Donkey Kong movie project by Nintendo and Universal. Used for the closing comparison.
https://www.polygon.com/entertainment/612877/donkey-kong-movie-nintendo-universal