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, K. C. Munchkin captures the “total concept and feel” of and is substantially similar to PAC–MAN. Accord Dirkschneider, slip op. at 9, 10 n.6. This case is a far cry from those in which the defendant appropriated only the game idea, but adopted its own unique form of expression, see Durham, 630 F.2d at 914–15, or where minor variations or differences were sufficient to avoid liability because the form of expression was inextricably tied to the game itself, see Affiliated Hospital; Atari, Inc. v. Amusement World, Inc.; Clarke; Freedman v. Grolier Enterprises, Inc., 179 U.S.P.Q. 476, 479 (S.D.N.Y.1973).

IV. IRREPARABLE INJURY, BALANCE OF HARDSHIPS, PUBLIC INTEREST

Irreparable injury may normally be presumed from a showing of copyright infringement. Wainwright Securities, Inc. v. Wall Street Transcript Corp., 558 F.2d 91, 94 (2d Cir. 1977), ''cert. denied'', 434 U.S. 1014, 98 S.Ct. 730, 54 L.Ed.2d 759 (1978). Even without the aid of that presumption, plaintiffs clearly have established irreparable harm. The record reveals that Midway’s PAC–MAN has become an immensely popular arcade game, sales of which have exceeded $150 million after only one year. In October 1981, Atari had already committed over $1.5 million to the licensing, development, and promotion of its home video version of PAC–MAN, which it intends to put on the market in March 1982. As of the date of the hearing in the district court, Atari had booked orders for PAC–MAN in excess of one million cartridges with a sales value of over $24 million. By marketing K. C. Munchkin, North American jeopardized the substantial investments of Midway and especially Atari. The short-lived nature of video games further underscores the need for a preliminary injunction. See Dirkschneider, slip op. at 20; Stern, 523 F.Supp. at 638. Moreover, the Atari and Odyssey game cartridges are not interchangeable. To play K. C. Munchkin, the purchaser must also buy North American’s ODYSSEY2 game console. The impact of North American’s infringement therefore extends even beyond the PAC–MAN game to the whole Atari system.

The balance of hardships and public interest factors do not weigh against the entry of a preliminary injunction. North American’s only alleged hardship is the profits it would lose if enjoined from marketing K. C. Munchkin. This argument, however, “merits little equitable consideration.” Helene Curtis Industries v. Church & Dwight Co., Inc., 560 F.2d 1325, 1333 (7th Cir. 1977), ''cert. denied'', 434 U.S. 1070, 98 S.Ct. 1252, 55 L.Ed.2d 772 (1978). “Advantages built upon a deliberately plagiarized make-up do not seem to us to give the borrower any standing to complain that his vested interests will be disturbed.” My-T Fine Corp. v. Samuels, 69 F.2d 76, 78 (2d Cir. 1934), quoted in Helene Curtis, 560 F.2d at 1333. This is also not a case in which the plaintiffs’ harm would be de minimis in comparison to that of the defendants. Finally, a preliminary injunction is necessary to preserve the integrity of the copyright laws which seek to encourage individual effort and creativity by granting valuable enforceable rights. Dirkschneider, slip op. at 20–21; see Mazer, 347 U.S. at 219, 74 S.Ct. at 471. Defendants point to no competing public interest that would be harmed.

V. CONCLUSION

The district court’s conclusion that the two works are not substantially similar is clearly erroneous, and its refusal to issue a preliminary injunction constitutes an abuse of discretion. Since this is an interlocutory appeal, however, we are mindful that our holding does not constitute a conclusive adjudication of the merits of plaintiffs’ claim. See Hunter v. Atchison, T. & S. F. Railway Co., 188 F.2d 294, 298–99 (7th Cir.), ''cert. denied'', 342 U.S. 819, 72 S.Ct. 36, 96 L.Ed. 619 (1951). The ordinary observer test should not be applied in a judicial vacuum. Further development of the facts at trial may command a different conclusion.

For the foregoing reasons, we reverse the district court’s denial of plaintiffs’