Pokémon Clone Loses $15M in Copyright Suit

The Pokémon Company has successfully defended its intellectual property in a significant legal victory against Chinese companies accused of copying its iconic Pokémon characters.

The Pokémon Company Wins Lawsuit Against Copyright Infringers

Chinese Companies Found Guilty of Copying Pokémon Characters

The Pokémon Company has triumphed in a lawsuit against several Chinese companies, securing a $15 million award after a prolonged legal battle. The case, initiated in December 2021, targeted the developers of "Pokémon Monster Reissue," a mobile RPG that blatantly replicated Pokémon characters, creatures, and gameplay mechanics.

The controversy started in 2015 when the Chinese developers released "Pokémon Monster Reissue," a game with striking similarities to the Pokémon series. The game featured characters resembling Pikachu and Ash Ketchum, and its gameplay closely mirrored the turn-based battles and creature collecting that define Pokémon. While the Pokémon Company does not claim ownership over the monster-catching genre, it argued that "Pokémon Monster Reissue" went beyond mere inspiration and into outright plagiarism.

For example, the game's app icon was identical to the artwork on the Pokémon Yellow box. Its advertisements showcased Ash Ketchum, Oshawott, Pikachu, and Tepig without any alterations. Gameplay videos also revealed characters such as Rosa from Pokémon Black and White 2, and Charmander.

Image from perezzdb on YouTube

The lawsuit came to light in September 2022, with The Pokémon Company initially demanding $72.5 million in damages, a public apology on major Chinese platforms, and an immediate cessation of the game's development, distribution, and promotion.

Following an extended legal battle, the Shenzhen Intermediate People’s Court ruled in favor of The Pokémon Company on [ttpp]. While the final award was less than the requested $72.5 million, the $15 million judgment serves as a stern warning to developers who attempt to exploit the popular franchise. Three of the six companies involved have reportedly filed an appeal.

In a statement translated from GameBiz, The Pokémon Company reiterated its commitment to protecting its intellectual property, ensuring fans worldwide can enjoy Pokémon content securely.

‘No One Likes Suing Fans,’ Former Chief Legal Officer at The Pokémon Company Said

The Pokémon Company has faced backlash for terminating fan projects in the past. In a March interview with Aftermath, Don McGowan, the former Chief Legal Officer, explained that during his tenure, the company did not proactively seek out fan projects to shut down. Instead, action was taken when projects crossed certain thresholds.

"You don’t send a takedown right away," McGowan noted. "You wait to see if they get funded, like on Kickstarter. If they do, that’s when you engage. No one likes suing fans."

McGowan highlighted that the company typically learns about fan projects through media reports or personal discoveries. He likened this to his experience teaching entertainment law, where he advises students that gaining media attention can inadvertently draw their projects to the attention of companies like The Pokémon Company.

Despite this general policy, there have been instances where The Pokémon Company has issued takedown notices for fan projects with minimal traction, including fan-made creation tools, games like Pokémon Uranium, and viral videos of fan-made Pokémon hunting FPS games.