Pokémon Clone Loses $15M in Copyright Suit

The Pokémon Company has successfully defended its intellectual property rights in a lawsuit against Chinese companies that allegedly copied its Pokémon characters.

The Pokémon Company Triumphs in $15 Million Copyright Lawsuit

Chinese Companies Found Guilty of Copying Pokémon Characters

The Pokémon Company has emerged victorious in a landmark legal battle against several Chinese companies accused of egregious copyright infringement and intellectual property theft. Following a protracted legal struggle, the company was awarded a substantial $15 million in damages. The lawsuit, initiated in December 2021, targeted developers who created a game that blatantly replicated Pokémon characters, creatures, and core gameplay mechanics.

The controversy originated in 2015 with the launch of "Pokémon Monster Reissue," a mobile RPG that bore striking similarities to the Pokémon series. Characters within the game were virtually indistinguishable from iconic Pokémon figures like Pikachu and Ash Ketchum. Furthermore, the gameplay mechanics closely mirrored the turn-based battles and creature collecting that define Pokémon. While the Pokémon Company does not claim ownership over the monster-catching genre, they contended that "Pokémon Monster Reissue" went beyond mere inspiration and ventured into outright plagiarism.

For example, the app icon for the game directly utilized the same Pikachu artwork seen on the Pokémon Yellow box. The game's promotional materials prominently featured Ash Ketchum, Oshawott, Pikachu, and Tepig without any alterations. Additionally, online gameplay footage revealed numerous familiar characters and Pokémon, such as Rosa from Pokémon Black and White 2, and Charmander.

Image from perezzdb on YouTube

News of the lawsuit first broke in September 2022, with The Pokémon Company initially demanding $72.5 million in damages and a public apology to be disseminated across major Chinese websites and social media platforms. The lawsuit also sought to cease the development, distribution, and promotion of the infringing game.

After a prolonged court battle, the Shenzhen Intermediate People's Court ruled in favor of The Pokémon Company yesterday. Although the final settlement was less than the initial $72.5 million sought, the $15 million award sends a clear message to developers tempted to exploit the established franchise. Three of the six companies involved have reportedly filed an appeal.

Translated from GameBiz's article, The Pokémon Company reassured fans that they "will continue to work to protect its intellectual property so that many users around the world can enjoy Pokémon content with peace of mind."

‘No One Likes Suing Fans,’ Former Chief Legal Officer at The Pokémon Company Said

The Pokémon Company has faced scrutiny in the past for actions against fan projects. Don McGowan, the former Chief Legal Officer of The Pokémon Company, shared in a March interview with Aftermath that during his time, the company did not proactively seek to shut down fan projects. Instead, they typically acted when projects crossed a certain threshold.

"You don’t send a takedown right away," McGowan explained. "You wait to see if they get funded, for a Kickstarter or similar. If they get funded, then that’s when you engage. No one likes suing fans."

McGowan highlighted that the legal team at The Pokémon Company often learned about fan projects through media coverage or personal discovery. He likened this to his experience teaching entertainment law, advising students that seeking press attention could inadvertently alert the company to their projects.

Despite this general policy, there have been instances where The Pokémon Company issued takedown notices for fan projects with minimal traction. This includes fan-made creation tools, games like Pokémon Uranium, and even viral videos featuring fan-made Pokémon hunting FPS games.