The Pokémon Company secures a significant victory in a copyright infringement lawsuit against Chinese companies, winning $15 million in damages. The lawsuit, filed in December 2021, targeted the developers of "Pokémon Monster Reissue," a mobile RPG accused of blatantly copying Pokémon characters, creatures, and core gameplay mechanics.
The Shenzhen Intermediate People’s Court ruled in favor of The Pokémon Company, concluding that the game went beyond mere inspiration and constituted blatant plagiarism. The game's icon, advertisements, and gameplay footage featured numerous recognizable Pokémon characters and elements, including Pikachu, Ash Ketchum, and characters from Pokémon Black and White 2, without authorization.
While the awarded $15 million is less than the initially sought $72.5 million, which also included demands for a public apology and cessation of development, it underscores The Pokémon Company's commitment to protecting its intellectual property. Three of the six defendant companies reportedly plan to appeal the decision.
The Pokémon Company's stance on fan projects has been a subject of past discussion. Former Chief Legal Officer Don McGowan clarified in a previous interview that the company doesn't actively seek out fan works for takedowns. Action is typically taken only when projects gain significant traction, such as through funding campaigns, or attract media attention.
McGowan highlighted that the company often learns of fan projects through media coverage or independent discovery. He emphasized a reluctance to pursue legal action against fans unless their projects reach a certain scale or level of commercialization.
Despite this policy, The Pokémon Company has issued takedown notices for some smaller fan projects in the past, including fan-made tools, games, and videos. The recent legal victory reaffirms the company's dedication to safeguarding its intellectual property while acknowledging the complexities of balancing this with the creative efforts of its fanbase.
