(Reuters) – Nestle SA (NESN.S) on Friday paddled back claims in a new lawsuit in which Atari SA (ATAR.PA) accused the Swiss food company of pilfering its classic 1970s video game “Breakout” to help sell Kit Kat chocolate-covered wafer bars.

Nestle damaged Atari’s goodwill and reputation on Facebook, Twitter and television by exploiting the name, look and feel of “Breakout,” it said in a copyright and trademark infringement complaint filed on Thursday in San Francisco.

My first thought was this it is impossible to defend against this, but now I’m not so sure.

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