So I've never heard of the NXPGAME site- as I understand it they don't have a brick n mortar -but apparently they sell "video game copiers" for the DS. Apparently they've also been warned several times to back off by NoA. Apparently they continued sales anyway.
Overall it seems like Nintendo was being extremely nice about the whole thing and was actually trying to avoid going to court over it. Good job by them in my book. 
Unfortunately, some folks can't take a hint and they had to go farther. And that leads us to 'after te break'
In the ongoing fight against video game piracy worldwide, Nintendo of  America Inc. has filed a civil lawsuit against the owner of multiple  websites that sell illegal video game copiers. Nintendo filed suit on  May 11 in the Western District of Washington against the owner of  NXPGAME of Queens, New York.
Nintendo investigated a website  owned by NXPGAME and found that it was selling illegal video game  copiers that enable the user to download, play and distribute illegal  copies of Nintendo DS™ and Nintendo DSi™ video game software. After  multiple letters and telephone calls from Nintendo's legal counsel, the  owner agreed to cease selling game copiers and closed his website.  Shortly thereafter, the owner launched an identical business at a  different website address, and redirected people who visited his old  site to the new one to purchase illegal game copiers. 
Despite  the repeated attempts to get NXPGAME Inc. to cease its illegal  activities, the company and its owner continue to operate multiple  websites that sell illegal game copiers. Nintendo asserts that NXPGAME  is willfully infringing on the company's intellectual property rights.  Additionally, one of the company's websites uses Nintendo registered  trademarks and violates Nintendo's copyrights.
"Using game  copiers to play unauthorized downloaded games is illegal and it's  wrong," said Jodi Daugherty, Nintendo of America's senior director of  Anti-Piracy. "Piracy is especially harmful to smaller developers. When  their creative works are stolen and copied illegally, some companies  find it difficult to survive economically." 
Internet piracy  hurts Nintendo, as well as the businesses of more than 1,400 video  game-development companies that depend on legitimate sales of games for  their survival.
"I love gaming and I spent years of hard work and  a significant personal financial investment to make my video game dream  a reality," said Alex Neuse, CEO of Gaijin Games, the developer of the BIT.TRIP  series of games available on the WiiWare™ service. "But I estimate that  more than 70 percent of our games that are in the hands of the public  have been copied illegally. Every download that is made illegally is  another blow against new and original games. Put simply, if you enjoy a  company's games, paying for them helps to ensure that they will continue  to make products you'll like. Piracy especially hurts small independent  developers who don't command the sales figures/profits that the bigger  companies do; and that ultimately hurts not only developers but all  gamers."
This lawsuit follows the 2009 Nintendo v. Chan  case, in which a U.S. District Court in Los Angeles confirmed that game  copiers violate the Digital Millennium Copyright Act and are deemed  illegal in the United States. The U.S. District Court ruled that devices  such as the R4 copier infringe on Nintendo's intellectual property  rights. In that case, the court ordered Chan and the three major  websites that he operated to stop selling the illegal devices  immediately.
Game copiers are designed to connect to the Nintendo  DS, Nintendo DS Lite and Nintendo DSi hand-held systems and circumvent  the technological protection measures embedded in the system. This  infringes on Nintendo's intellectual property rights. These game copiers  are then used to copy and play illegal Nintendo game files offered  unlawfully via the Internet.
Illegal copying of video game  software is an international problem that continues to plague the video  game industry. Companies such as Nintendo, various law-enforcement  authorities and trade organizations like the Entertainment Software  Association continue to take aggressive steps to prevent the  proliferation of these devices on a global scale, and similar results  are being achieved in many countries. Since 2009, Nintendo has supported  almost 1,500 legal actions (including customs seizures, law-enforcement  actions and civil proceedings) in more than 20 countries that have  resulted in the confiscation of more than 422,000 video game copiers.