The Pokémon Company's Legal Victory: $15 Million Awarded in Copyright Infringement Case
The Pokémon Company has successfully defended its intellectual property, winning a significant legal battle against Chinese companies accused of blatant copyright infringement. A Shenzhen court awarded the company $15 million in damages, a substantial portion of the initially requested $72.5 million. The lawsuit, filed in December 2021, targeted the developers of "Pokémon Monster Reissue," a mobile RPG that strikingly mimicked Pokémon's characters, creatures, and gameplay.
The infringing game, launched in 2015, featured characters bearing uncanny resemblance to Pikachu and Ash Ketchum, and gameplay mirroring Pokémon's signature turn-based battles and creature collection mechanics. The court found that the game went beyond mere inspiration, constituting outright plagiarism. Evidence included the use of Pikachu artwork from Pokémon Yellow on the app icon and promotional materials featuring Ash Ketchum, Oshawott, Pikachu, and Tepig without alteration. Gameplay footage further revealed the inclusion of characters like Rosa from Pokémon Black and White 2 and Charmander.
News of the lawsuit initially surfaced in September 2022. The Pokémon Company's initial demands included the $72.5 million in damages, a public apology, and a cease-and-desist order halting development, distribution, and promotion of the infringing game. While the final judgment was lower than the initial demand, the $15 million award serves as a strong deterrent against future copyright infringement. Three of the six sued companies have reportedly filed appeals.
According to a translation of GameBiz's report, The Pokémon Company reaffirmed its commitment to protecting its intellectual property to ensure fans worldwide can enjoy Pokémon content without disruption.
Balancing Fan Projects and IP Protection
The Pokémon Company's approach to fan projects has drawn criticism in the past. However, former Chief Legal Officer Don McGowan clarified in a March interview with Aftermath that the company doesn't proactively seek out fan projects for takedown notices. Instead, action is typically taken when projects gain significant traction, such as through funding platforms like Kickstarter. McGowan stated, "You don’t send a takedown right away…If they get funded then that’s when you engage. No one likes suing fans."
The company typically learns of fan projects through media coverage or direct discovery. McGowan highlighted the unintended consequences of publicity, advising that gaining press attention could inadvertently bring a project to the company's attention. Despite this policy, takedown notices have been issued for smaller fan projects, including creation tools, games like Pokémon Uranium, and viral videos featuring fan-made content.
