Popular Mobile Game Forced to Pay Millions in Legal Battle
The Pokémon Company successfully defended its intellectual property, winning a $15 million judgment against Chinese companies that infringed on their Pokémon characters. This follows a lawsuit filed in December 2021, alleging blatant copyright infringement and intellectual property theft in the creation of the game "Pokémon Monster Reissue."
The Shenzhen Intermediate People’s Court ruled in favor of The Pokémon Company. While the awarded damages were less than the initially requested $72.5 million, the ruling serves as a strong deterrent against future copyright infringement. Three of the six defendant companies are reportedly appealing the decision.
"Pokémon Monster Reissue," launched in 2015, closely mimicked Pokémon characters, creatures, and gameplay mechanics. The game's icon featured Pikachu artwork from Pokémon Yellow, and advertisements prominently displayed Ash Ketchum and other recognizable characters. The gameplay itself mirrored the established Pokémon formula, going beyond mere inspiration to constitute plagiarism, according to The Pokémon Company’s argument. Examples of copied elements included characters like Rosa from Pokémon Black and White 2 and Pokémon such as Charmander.
The Pokémon Company initially sought a cease-and-desist order, along with the damages and public apologies. Following the court's decision, The Pokémon Company reiterated its commitment to protecting its intellectual property to ensure fans worldwide can enjoy Pokémon content without disruption.
Addressing past criticism regarding the takedown of fan projects, former Chief Legal Officer Don McGowan clarified that the company typically intervenes only when projects gain significant traction, such as through funding campaigns. He stated that the company prefers not to pursue legal action against fans unless their creations cross a defined threshold of infringement. The company primarily learns of fan projects through media or direct discovery.
Despite this policy, The Pokémon Company has issued takedown notices for some smaller fan projects, including creation tools, games like Pokémon Uranium, and even viral videos featuring fan-made content.
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