Pokémon Chinese Clone Loses $15 Million Dollars in Copyright Lawsuit

The Pokémon Company successfully defended its intellectual property in a significant copyright lawsuit against Chinese companies that replicated its iconic Pokémon characters. The victory resulted in a $15 million judgment.

Pokémon Company's Legal Victory

The Shenzhen Intermediate People’s Court ruled in favor of The Pokémon Company, concluding a legal battle initiated in December 2021. The lawsuit targeted developers of "Pokémon Monster Reissue," a mobile RPG accused of blatant plagiarism. The game featured strikingly similar characters, creatures, and gameplay mechanics to the Pokémon franchise. While the core concept of monster-catching isn't solely owned by Pokémon, the court deemed "Pokémon Monster Reissue" crossed the line from inspiration to outright copying.

The similarities were undeniable, ranging from the app icon mirroring Pokémon Yellow's Pikachu artwork to advertisements featuring characters like Pikachu, Ash Ketchum, Oshawott, and Tepig, with minimal alterations. Gameplay footage further revealed familiar characters such as Rosa from Pokémon Black and White 2 and Charmander.

Initially, The Pokémon Company sought $72.5 million in damages, along with a public apology and cessation of the game's development, distribution, and promotion. While the final award was lower, the $15 million judgment serves as a strong deterrent against future copyright infringement. Three of the six defendant companies have reportedly filed appeals.

The Pokémon Company reaffirmed its commitment to protecting its intellectual property, ensuring fans worldwide can enjoy Pokémon content without disruption.

Balancing IP Protection and Fan Creativity

The Pokémon Company has faced criticism for its handling of fan projects in the past. Former Chief Legal Officer Don McGowan clarified the company's approach in a March interview, stating that they don't proactively seek out fan projects for takedown notices. Action is typically taken when projects gain significant traction, such as through crowdfunding.

McGowan explained that the legal team usually learns of fan projects through media coverage or independent discovery. He likened this to his entertainment law teaching, emphasizing that publicity can unintentionally draw a company's attention. Despite this policy, takedown notices have been issued for some smaller fan projects, including creation tools, games like Pokémon Uranium, and viral videos.

This case highlights the ongoing challenge of balancing the protection of intellectual property with the encouragement of fan creativity.