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 Triumphs in Copyright Lawsuit Against Infringers
In a significant victory for The Pokémon Company, a court has ruled in their favor against several Chinese companies found guilty of copyright infringement and intellectual property theft. The company was awarded $15 million in damages after a prolonged legal battle. The lawsuit, initiated in December 2021, alleged that the defendants developed a game that blatantly replicated Pokémon characters, creatures, and core gameplay mechanics.
The controversy started in 2015 with the release of "Pokémon Monster Reissue," a mobile RPG that bore striking similarities to the Pokémon series. The game featured characters that closely resembled Pikachu and Ash Ketchum, and its gameplay mirrored the turn-based battles and creature collecting that are hallmarks of Pokémon. While The Pokémon Company does not claim ownership over the monster-catching genre, they argued that "Pokémon Monster Reissue" went beyond mere inspiration and into outright plagiarism.
For example, the app icon for "Pokémon Monster Reissue" used the same Pikachu artwork as seen on the Pokémon Yellow box. The game's advertisements prominently displayed Ash Ketchum, Oshawott, Pikachu, and Tepig, without any alterations. Additionally, online gameplay footage revealed numerous familiar characters and Pokémon, including Rosa from Pokémon Black and White 2, and Charmander.
Image from perezzdb on YouTube
The lawsuit came to light in September 2022, when The Pokémon Company initially sought $72.5 million in damages, along with a public apology to be published across major Chinese websites and social media platforms. They also demanded an immediate cessation of the development, distribution, and promotion of the infringing game.
After a lengthy legal battle, the Shenzhen Intermediate People’s Court ruled in favor of The Pokémon Company. Although the final award of $15 million was less than the initially sought $72.5 million, it serves as a strong deterrent to developers attempting to exploit the established franchise. Three of the six companies involved have reportedly filed an appeal.
According to a translated article from GameBiz, 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,’ Says Former Chief Legal Officer at The Pokémon Company
The Pokémon Company has faced criticism for its actions against fan projects in the past. 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 out fan projects to shut down. Instead, they took action when such projects crossed a certain threshold.
"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 noted 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 has 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.
