Burnout is now on Nintendo Switch – but not that Burnout

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There’s a Burnout game on sale on the Nintendo Switch for £1.99 that is definitely not by EA. We suspect lawyers might get involved.

A racing game called Burnout just turned up on the Nintendo Switch eShop. But it’s nothing to do with the series created by Criterion Games and published by EA.

As spotted by Eurogamer, this Burnout has been published by GameToTop Corp., and it’s currently on sale for £1.99 after launching on 4th November.

“Drift around corners with finesse, zoom through lap races, and survive ruthless elimination rounds. Each event presents its own set of pulse-pounding challenges, and only the best will emerge victorious,” reads the game description. Does that sound a bit like the Eliminator mode in EA’s Burnout to you?

It seems that GameToTop has a bit of previous when it comes to releasing titles that are just a little bit similar to those made by other companies. Rocket Car: Ultimate Ball League Machines, for example, seems to share more than a bit of DNA with Psynonix’s Rocket League (“the perfect blend of fast cars and thrilling soccer action!” reads the description).

Then there’s Farming Tractor Simulator 2023: Drive Combine & Trucks (currently on sale at 99p), which is definitely nothing to do with the Farming Simulator series by GIANTS Software.

Of course, imitating other people’s products is nothing new. But using the same name as EA’s racing series seems like it might be crossing the line – Burnout is a registered trademark in terms of video games, after all.

There’s also the legally questionable use of real-world car models throughout GameToTop’s cut-price Burnout. The above car, for example, is quite clearly a Toyota Supra with the badge removed. The Burnout developed by Acclaim sidestepped this by creating its own cars that vaguely approximated real-world marques, all given anonymous names like the Muscle and the Pickup. GameToTop, clearly, has no such qualms about using manufacturers’ car designs without a licence.

We suspect EA’s lawyers – and a few from the automotive industry – might be picking up the phone soon…

Read more: The strange and complex world of patented game mechanics

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