$15M Copyright Loss for Pokémon Clone

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

The Pokémon Company Wins Lawsuit Against Copyright InfringersChinese Companies Found Guilty of Copying Pokémon Characters

The Pokémon Company has won a legal dispute against several Chinese companies accused of copyright infringement and intellectual property theft. They’ve been awarded $15 million in damages after a protracted legal battle. The lawsuit, filed in December 2021, accused the developers of creating a game that blatantly copied Pokémon characters, creatures, and core gameplay elements.

The issue started in 2015 when the Chinese developers launched "Pokémon Monster Reissue." The mobile RPG showed striking similarities to the Pokémon series, with characters that strongly resembled Pikachu and Ash Ketchum. Furthermore, the gameplay mirrored the turn-based battles and creature collection that define Pokémon. While the Pokémon Company doesn't own the monster-catching concept exclusively, and many games draw inspiration from it, they argued that Pocket Monster Reissue went beyond inspiration into outright plagiarism.

For example, the app icon used the same Pikachu artwork from the Pokémon Yellow packaging. The game’s advertisements prominently featured Ash Ketchum, Oshawott, Pikachu, and Tepig, with minimal alterations. Moreover, online gameplay footage displays many familiar characters and Pokémon such as Rosa, the female protagonist from Black and White 2, and Charmander.

Image from perezzdb on YouTube

News of the litigation first surfaced in September of 2022, when The Pokémon Company initially sought substantial $72.5 million in damages along with a public apology across major Chinese websites and social media platforms. The lawsuit also demanded a cessation of the development, distribution, and promotion of the infringing game.

After a protracted legal battle, the Shenzhen Intermediate People’s Court ruled in favor of The Pokémon Company yesterday. While the final judgment fell short of the initial $72.5 million demand, the $15 million award sends a strong message to developers who attempt to profit from the established franchise. Three of the six companies being sued are said to have filed an appeal.

Translated from GameBiz's article on the matter, 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 criticism previously for halting fan projects. Former Chief Legal Officer of The Pokémon Company Don McGowan disclosed in a March interview with Aftermath that, during his term, the company didn't actively pursue fan projects to cease. Instead, the company mainly acted when such projects exceeded a certain threshold.

"You don’t issue a takedown immediately," said McGowan. "You observe to see if they secure funding, via a Kickstarter or similar. If they obtain funding then that’s when you intervene. No one enjoys suing fans."

McGowan stressed that The Pokémon Company's legal team usually learns of fan projects via media reports or personal detection. He likened this to instructing in entertainment law, where he tells students that attracting media attention might unintentionally expose their projects to the company.

Regardless of this usual method, The Pokémon Company has issued takedown notices for fan projects with limited popularity. This encompasses cases involving fan-made development tools, games such as Pokémon Uranium, and even popular videos showcasing fan-made Pokémon hunting FPS games.