Compliance Updates
Euroconsumers calls Nintendo to solve its “Joy-Con Drift” probl
The new version of the Nintendo “Switch” console, the Switch OLED, expected on October 8th 2021, shows an unsolved technical problem with its controllers – an issue commonly called “Joy-Con Drift” – that prevents players from playing the game properly. Nintendo is quite aware of this flaw. Yet it still plans to roll out the new Switch with the old problem. Euroconsumers calls Nintendo to account.
“Joy-Con Drift”
The flaw in the controllers manifests itself after a couple of months, falsely reading input from the controller stick, as if the user has their thumb pressed down on the controller, causing the game character to move without the player even touching the device. This prevents the player from playing the game as intended. This issue is not new: it was already denounced extensively by users of the current Nintendo Switch, IFixit and multiple consumer organisations.
Nintendo’s inaction
This flaw has previously been raised with Nintendo. Firstly in January 2020, Test Achats/Test Aankoop, Euroconsumers’ Belgian national organization, sent a letter of formal notice to Nintendo Europe GmbH calling on the company to repair all the defective products free of charge and to publicly communicate about the defect.
In January 2021, BEUC, the European umbrella group for 46 independent consumer organisations, launched an external alert to the CPC network about a widespread infringement with Union dimension of EU consumer law, related to the premature obsolescence of the Nintendo Switch.
On top of this EU action, two class actions have been launched in the US, and a Canadian firm has filed an application to begin a class action.
Nevertheless, Nintendo has taken no actions to remedy the flaw or alert consumers. It even issues a new Switch OLED with the exact same Joy-Con design, with the exact same inescapable defect. Meanwhile Nintendo keeps on putting a great deal of emphasis on the quality and versatility of the Joy-Con in its advertisements t.
This early obsolescence is not only unfair and harmful to consumers, but also affects the environment, creating a pile of unnecessary and extremely polluting electronic waste.
Euroconsumers’ call on Nintendo
In a letter Euroconsumers has confronted Nintendo with the above, asking them to:
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Adequately inform consumers of the existence of the “Joy-Con Drift” and its impact on the expected lifespan of the Nintendo controllers on the packaging of the product.
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Fully respect provisions on the legal product guarantee, without imposing any burden of proof on consumers or charging them with any costs to repair or replace their Switch controllers.
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Provide clear contact details at Nintendo for consumers to report and resolve Joy-Con problems, and for Euroconsumers and its national organisations to address problems to that regard.
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Resolve the technical “Joy-Con Drift” flaw and ensure a more sustainable version of the controllers. Euroconsumers, and its national organizations stand ready to deploy decades of technical and testing experience to support finding solutions.
Euroconsumers is available and willing to launch a dialogue with Nintendo in order to establish the best way to satisfy the above requests.
“Nintendo has a duty to its customers to provide functioning devices,” said Marco Scialdone, Head of Litigation and Academic Outreach at Euroconsumers. “To knowingly continue selling these game consoles when they are defective is a breach of EU consumer law. We expect Nintendo to do the right thing and work with us to find a solution for consumers.”
“While on one hand Nintendo pretends to commit to the green transition and serve consumers, its continued distribution of faulty electronic devices shows it’s true lack of genuine commitment,” said Els Bruggeman, Head of Policy and Enforcement at Euroconsumers. “Early obsolescence results in more electronic waste, which is particularly difficult to dispose of. This shows a regrettable lack of respect for both the environment and consumers.”
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Aviator
Pernambuco court revokes Spribe’s interim relief in Aviator trademark dispute
TJPE cites a Brasília federal ruling that suspended the legal effects of Spribe’s AVIATOR registration and barred exclusivity claims during nullity proceedings.
The Court of Justice of Pernambuco (TJPE) has revoked preliminary appellate relief previously granted to Spribe OÜ in litigation over the AVIATOR trademark in Brazil.
In a monocratic decision, Justice Andrea Epaminondas Tenorio de Brito held that the factual and legal basis for the earlier injunction no longer exists. The court pointed to a subsequent decision by the Federal Court in Brasília that provisionally suspended the legal effects of Spribe’s Brazilian AVIATOR trademark registration and ordered Spribe to refrain from asserting exclusivity based on that registration while federal nullity proceedings are ongoing.
TJPE said its earlier relief relied on the presumption that Spribe’s trademark registration before Brazil’s National Institute of Industrial Property (INPI) was fully valid and enforceable. With the federal court suspending the registration’s effects, the Pernambuco court found the underlying circumstances had materially changed.
The court cited Article 296 of the Brazilian Code of Civil Procedure as the basis for revoking the preliminary relief in light of the changed legal situation.
The post Pernambuco court revokes Spribe’s interim relief in Aviator trademark dispute appeared first on EE Gaming | Global iGaming & Tech Intelligence Hub.
Aviator
Pernambuco court revokes Spribe interim relief in AVIATOR trademark dispute
The Court of Justice of Pernambuco (TJPE) has revoked preliminary appellate relief previously granted to Spribe OÜ in ongoing litigation over the use of the AVIATOR trademark in Brazil, citing a change in the legal circumstances supporting the earlier decision.
In a monocratic decision, Justice Andrea Epaminondas Tenorio de Brito concluded that the factual and legal basis for the prior injunction no longer exists. The ruling follows a decision by the Federal Court in Brasília that provisionally suspended the legal effects of Spribe’s Brazilian AVIATOR trademark registration.
According to the press release, the federal court also ordered Spribe to refrain from asserting exclusivity based on that registration until the federal nullity proceedings are resolved.
TJPE said its earlier decision had relied on the presumption that Spribe’s trademark registration with the Brazilian National Institute of Industrial Property (INPI) was fully valid and enforceable. With the federal court now suspending the legal effects of that registration, the Pernambuco court held that the foundation for interim relief had materially changed, prompting revocation under Article 296 of the Brazilian Code of Civil Procedure.
The post Pernambuco court revokes Spribe interim relief in AVIATOR trademark dispute appeared first on Americas iGaming & Sports Betting News.
activity report 2025
GGL Publishes Activity Report 2025
The German Gambling Authority (GGL) has published its latest activity report for 2025. The report highlights the GGL’s measures in supervising legal providers and its latest work against illegal gambling.
Supervision and Licensing of Legal Providers Further Systematised
While previous years focused primarily on granting licenses, in 2025 the emphasis shifted significantly to the structured supervision of licensed providers. Key instruments included supervisory discussions, both ad hoc and proactive measures based on reports and market observations. Internal collaboration between the relevant departments was further intensified, contributing to a uniform and consistent supervisory practice.
Further Development of the Technical Infrastructure and Supervisory Systems
The expansion of the technical infrastructure was further advanced. The goal is to create a reliable and comparable data basis for supervision, analysis and future regulatory decisions. Enforcing the mandatory and correct use of the safe servers by the authorised providers remained a challenging process in 2025, but it is the foundation for the necessary improvement in data quality.
Focusing the Fight Against Illegal Gambling on the Entire Market Environment
In 2025, the approach to combating illegal online gambling was further refined and consistently aligned with the entire market environment. In addition to measures against the operators themselves, the focus is increasingly shifting to the service providers involved. This approach ensures that illegal offerings are not viewed in isolation, but rather addressed within their market and process contexts.
In 2025, GGL worked closely with platform operators to further reduce the visibility of illegal content in the digital space.
Market measurement has been further developed scientifically. Due to its opaque and dynamic structure, the evaluation of the development of the illegal gambling market requires a particularly robust methodological basis. The 2025 activity report therefore does not include any independent figures on the size of the illegal market for the year 2025. Instead, the presentation is based on the results of the scientific study “Investigation of the black market and channeling of gambling on the internet based on a survey of gamblers”.
GGL deliberately chose this approach to increase the validity and comparability of the market data and to ensure methodologically sound results.
This study, already published, shows that in 2024 the market volume of illegal and therefore unregulated online gambling will be 23%. This results in a channeling rate of 77%. This means that legal or regulated offerings account for more than three-quarters of the online gambling market.
The existing study will be continued so that a scientifically sound data basis on the development of the illegal market can be provided.
Outlook 2026: 5 Years of GGL Mean Evaluation and Further Development
The developments so far show an increasing consolidation of the supervisory and enforcement structures within the framework of the State Treaty on Gambling 2021.
The focus in the coming years will be on the legally required evaluation, the preparation of the new licensing cycle from 2027 onwards, and the further strengthening of data-based and scientifically sound supervisory instruments.
The 2025 activity report can be found under Publications of the Joint Gambling Authority of the Federal States – Annual Reports.
The post GGL Publishes Activity Report 2025 appeared first on EE Gaming | Global iGaming & Tech Intelligence Hub.
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