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The Pokémon Company triumphs in a significant copyright lawsuit against Chinese companies that illegally copied its iconic Pokémon characters. The victory resulted in a $15 million judgment, a testament to the company's commitment to protecting its intellectual property.
Chinese Companies Found Liable for Pokémon IP Theft
A protracted legal battle concluded with a decisive win for The Pokémon Company. Several Chinese companies were found guilty of blatant copyright infringement and theft of intellectual property, leading to the substantial damages award. The lawsuit, initiated in December 2021, centered on the game "Pokémon Monster Reissue," a mobile RPG that strikingly mimicked Pokémon characters, creatures, and gameplay.
The infringement began in 2015 with the release of "Pokémon Monster Reissue." The game featured near-identical characters resembling Pikachu and Ash Ketchum, and mirrored the series' signature turn-based battles and creature collection mechanics. While acknowledging the existence of games inspired by the monster-catching genre, The Pokémon Company successfully argued that "Pokémon Monster Reissue" went beyond inspiration and constituted blatant plagiarism. The app icon itself used Pikachu artwork from Pokémon Yellow, and advertisements prominently displayed Ash Ketchum, Oshawott, Pikachu, and Tepig without alteration. Gameplay footage further revealed numerous familiar characters and Pokémon, including Rosa from Pokémon Black and White 2 and Charmander.
Initially, The Pokémon Company sought $72.5 million in damages, along with public apologies and a complete cessation of the game's development, distribution, and promotion. News of the lawsuit broke in September 2022. The Shenzhen Intermediate People’s Court ultimately ruled in favor of The Pokémon Company, awarding $15 million. Three of the six defendant companies have reportedly filed appeals.
The Pokémon Company reiterated its commitment to protecting its intellectual property to ensure global fans can enjoy Pokémon content without disruption.
A Balanced Approach to Fan Projects
The Pokémon Company has previously faced criticism for its handling of fan projects. However, former Chief Legal Officer Don McGowan clarified the company's approach in a March interview. He stated that The Pokémon Company generally doesn't actively seek out fan projects for takedowns, but intervenes when projects achieve significant traction, such as through crowdfunding. The company typically learns of fan projects through media coverage or direct discovery. Despite this policy, takedown notices have been issued for some smaller-scale fan creations.
This case underscores The Pokémon Company's dedication to safeguarding its intellectual property while acknowledging the creative contributions of its fanbase.
