The Pokémon Company successfully defended its intellectual property in a significant legal victory against Chinese companies that copied its iconic characters. A Shenzhen court awarded the company $15 million in damages, concluding a lawsuit filed in December 2021.
The lawsuit targeted a mobile RPG, "Pokémon Monster Reissue," launched in 2015, which closely mimicked Pokémon characters, creatures, and gameplay. The game's blatant copying extended to using Pikachu artwork from Pokémon Yellow for its app icon and featuring Ash Ketchum, Oshawott, Pikachu, and Tepig in its advertising. Gameplay footage revealed further similarities, including characters like Rosa from Black and White 2 and Charmander.
While acknowledging the existence of many monster-catching games inspired by Pokémon, The Pokémon Company argued that "Pokémon Monster Reissue" went beyond inspiration, constituting outright plagiarism. Initially, the company sought $72.5 million in damages and a public apology.
The $15 million judgment, while less than the initial demand, serves as a strong deterrent against future copyright infringement. Three of the six sued companies plan to appeal. The Pokémon Company reaffirmed its commitment to protecting its intellectual property, ensuring fans worldwide can enjoy Pokémon content without disruption.
The company's approach to fan projects has drawn criticism in the past. Former Chief Legal Officer Don McGowan clarified that the company doesn't actively seek out fan projects for takedowns. Action is usually taken only when projects gain significant traction, such as through funding or media attention. McGowan emphasized that the company prefers not to sue fans, but will act to protect its intellectual property when necessary.
Despite this policy, takedown notices have been issued for projects with limited reach, including fan-made tools, games like Pokémon Uranium, and even viral videos. The case highlights the ongoing balancing act between protecting intellectual property and fostering fan creativity.
