The Pokémon Company has successfully defended its intellectual property rights in a lawsuit against Chinese companies accused of copying its iconic Pokémon characters.
The Pokémon Company Wins Lawsuit Against Copyright Infringers
Chinese Companies Found Guilty of Copying Pokémon Characters
The Pokémon Company has triumphed in a legal battle against several Chinese companies charged with copyright infringement and intellectual property theft. As a result, they have been awarded $15 million in damages after a prolonged legal dispute. The lawsuit, initiated in December 2021, accused the developers of producing a game that blatantly replicated Pokémon characters, creatures, and core gameplay mechanics.
The controversy began in 2015 with the launch of "Pokémon Monster Reissue" by the Chinese developers. This mobile RPG bore striking resemblances to the Pokémon series, featuring characters that were eerily similar to Pikachu and Ash Ketchum. Moreover, the gameplay closely mimicked the turn-based battles and creature collecting that are hallmarks of Pokémon. While The Pokémon Company does not claim exclusive ownership of the monster-catching concept, and numerous games draw inspiration from it, they contended that "Pokémon Monster Reissue" ventured beyond mere inspiration into outright plagiarism.
For example, the app icon for the game directly used the Pikachu artwork from the Pokémon Yellow box. The game's advertisements prominently featured Ash Ketchum, Oshawott, Pikachu, and Tepig, without any alterations. Additionally, online gameplay footage revealed many familiar characters and Pokémon, such as Rosa, the female player character from Black and White 2, and Charmander.
Image from perezzdb on YouTube
The lawsuit first came to light in September 2022, when The Pokémon Company sought $72.5 million in damages and a public apology across major Chinese websites and social media platforms. The lawsuit also demanded an immediate cessation of the development, distribution, and promotion of the infringing game.
Following a lengthy court battle, the Shenzhen Intermediate People’s Court ruled in favor of The Pokémon Company yesterday. Although the final judgment was less than the initial $72.5 million demand, the $15 million award serves as a stern warning to developers attempting to exploit the established franchise. Three of the six companies involved have reportedly filed an appeal.
According to a translation from GameBiz's article on the matter, The Pokémon Company reassured fans that they "will continue to work diligently to protect its intellectual property, ensuring that fans worldwide 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 closing down fan projects. In a March interview with Aftermath, Don McGowan, the former Chief Legal Officer of The Pokémon Company, disclosed that during his time, the company did not proactively seek to shut down fan projects. Instead, action was typically taken when these projects reached 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 usually learned about fan projects through media coverage or personal discovery. He likened this to his experience teaching entertainment law, where he advises students that gaining press attention can inadvertently draw their projects to the company’s notice.
Despite this general approach, there have been instances where The Pokémon Company has issued takedown notices for fan projects that garnered only minor attention. This includes fan-made creation tools, games like Pokémon Uranium, and even viral videos featuring fan-made Pokémon hunting FPS.
