The Pokémon Company secures a significant victory in a copyright infringement lawsuit against Chinese companies that developed a blatant Pokémon clone. A Shenzhen court awarded the company $15 million in damages after a lengthy legal battle.
The lawsuit, filed in December 2021, targeted the developers of "Pokémon Monster Reissue," a mobile RPG accused of directly copying Pokémon characters, creatures, and core gameplay mechanics. The game, launched in 2015, featured strikingly similar characters to Pikachu and Ash Ketchum, mirroring the turn-based battles and creature collection central to the Pokémon franchise. While acknowledging the existence of other monster-catching games, The Pokémon Company argued that "Pokémon Monster Reissue" went beyond inspiration, constituting outright plagiarism. Evidence included the use of Pikachu artwork from Pokémon Yellow on the game's icon and promotional materials featuring Ash Ketchum, Oshawott, Pikachu, and Tepig, among other recognizable characters.
Initially seeking $72.5 million in damages, along with a public apology and cessation of game development, distribution, and promotion, The Pokémon Company ultimately secured a $15 million judgment. Three of the six defendant companies reportedly plan to appeal. The Pokémon Company affirmed its commitment to protecting its intellectual property, ensuring fans worldwide can enjoy Pokémon content without infringement.
Addressing past criticism regarding takedown notices for fan projects, a former Chief Legal Officer clarified the company's approach. Don McGowan stated that The Pokémon Company doesn't proactively seek out fan projects but intervenes when projects gain significant traction, such as through crowdfunding. He emphasized that legal action is a last resort, highlighting the company's preference to avoid lawsuits against fans. However, the company has previously issued takedown notices for projects with even minor online presence, including fan-made tools, games like Pokémon Uranium, and viral videos. This $15 million judgment underscores The Pokémon Company's commitment to protecting its intellectual property rights while also offering a glimpse into its nuanced approach to managing fan-created content.
