Pokémon Clone Loses $15M in Copyright Suit

The Pokémon Company has successfully upheld its intellectual property rights in a landmark 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 significant legal battle against several Chinese companies charged with copyright infringement and intellectual property theft. They have been awarded $15 million in damages after a prolonged legal dispute. The lawsuit, initiated in December 2021, claimed that the developers of "Pokémon Monster Reissue" had blatantly replicated Pokémon characters, creatures, and core gameplay mechanics.

The controversy started in 2015 when the Chinese developers released "Pokémon Monster Reissue," a mobile RPG that bore striking resemblances to the Pokémon series. Characters in the game looked remarkably similar to Pikachu and Ash Ketchum, and the gameplay mirrored the familiar turn-based battles and creature collecting that define Pokémon. While the Pokémon Company does not claim exclusive rights to the monster-catching genre, they argued that "Pokémon Monster Reissue" went beyond mere inspiration into clear-cut plagiarism.

For example, the app icon for the game used the same Pikachu artwork found on the Pokémon Yellow box. The game’s advertisements prominently displayed Ash Ketchum, Oshawott, Pikachu, and Tepig without altering their colors. Additionally, online gameplay footage revealed many familiar characters and Pokémon, including Rosa from Black and White 2 and Charmander.

Image from perezzdb on YouTube

News of the lawsuit surfaced in September 2022, when The Pokémon Company initially sought $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 court battle, the Shenzhen Intermediate People’s Court ruled in favor of The Pokémon Company. While the final judgment did not meet the initial $72.5 million demand, the $15 million award underscores a stern warning to developers who attempt to exploit the established franchise. Three of the six companies involved in the lawsuit 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 criticism in the past for its actions against fan projects. In a March interview with Aftermath, Don McGowan, the former Chief Legal Officer of The Pokémon Company, explained that during his tenure, the company did not proactively seek to shut down fan projects. Instead, they took action when such projects crossed certain boundaries.

"You don’t send a takedown right away," McGowan stated. "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 typically 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 issued takedown notices for fan projects with only minor traction. This includes fan-made creation tools, games like Pokémon Uranium, and even viral videos featuring fan-made Pokémon hunting FPS games.