WeeWorld, publishers of software used to create animated avatars for AOL instant messenger, previously sued Nintendo claiming that the Wii's Mii system violated WeeWorld's trademarks. After realizing that now is not the best time to file suit due to financial concerns and uncertainty about how a similar dispute in the UK will play out, WeeWorld wants to dismiss the current action without prejudice so the matter can be litigated at a different date. Nintendo, confident in its position, wants the suit dismissed with prejudice. They feel their case is strong and they want the matter resolved.
WeeWorld Wants Waver
I have not yet seen a case where the instigator wants to drop the suit but the accused will not let him. Judging from Nintendo's evidence that WeeWorld didn't adopt its marks until after Wii's release in the US and its fair use defense for using homonyms, I can see why Nintendo wants this case to be settled or over. Looks like WeeWorld was a wee bit too hasty...
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