Pokémon Clone Loses $15M in Lawsuit

The Pokémon Company has successfully defended its intellectual property rights in a landmark lawsuit against Chinese companies accused of copying its beloved Pokémon characters.

The Pokémon Company Wins Lawsuit Against Copyright Infringers

Chinese Companies Found Guilty of Copying Pokémon Characters

In a significant victory for intellectual property rights, The Pokémon Company has won a lawsuit against several Chinese companies for copyright infringement. The court awarded $15 million in damages after a prolonged legal battle that began with a lawsuit filed in December 2021. The lawsuit targeted the developers of "Pokémon Monster Reissue," a mobile RPG that closely mimicked Pokémon characters, creatures, and gameplay mechanics.

The controversy started in 2015 when the Chinese developers released "Pokémon Monster Reissue." This game featured characters strikingly similar to Pikachu and Ash Ketchum, and its gameplay replicated the turn-based battles and creature collection that are hallmarks of the Pokémon series. While The Pokémon Company acknowledges that the monster-catching concept has inspired many games, they argued that "Pokémon Monster Reissue" went beyond inspiration and into outright plagiarism.

For example, the game's app icon directly used the Pikachu artwork from the Pokémon Yellow box. Advertisements for the game prominently displayed Ash Ketchum, Oshawott, Pikachu, and Tepig without any modifications. Gameplay footage available online also showed numerous familiar characters and Pokémon, including Rosa from Black and White 2 and Charmander.

Image from perezzdb on YouTube

The lawsuit came to public attention in September 2022, when The Pokémon Company sought $72.5 million in damages, a public apology across major Chinese websites and social media platforms, and an immediate cessation of the development, distribution, and promotion of the infringing game.

After an extended legal battle, the Shenzhen Intermediate People’s Court ruled in favor of The Pokémon Company. Although the final award of $15 million was less than the initially sought $72.5 million, it sends a clear message to developers who might consider exploiting the Pokémon franchise. Three out of the six companies involved in the lawsuit have announced plans to appeal the decision.

In a statement translated from GameBiz's article, The Pokémon Company reassured its fans that they "will continue to work to protect its intellectual property so that many users around the world can enjoy Pokémon content with peace of mind."

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

The Pokémon Company has faced backlash in the past for its actions against fan projects. In a March interview with Aftermath, Don McGowan, the former Chief Legal Officer of The Pokémon Company, clarified that during his time, the company did not proactively seek out fan projects to shut down. Instead, they took action when such projects reached a certain threshold.

"You don’t send a takedown right away," McGowan explained. "You wait to see if they get funded, for a Kickstarter or similar. If they get funded then that’s when you engage. No one likes suing fans."

McGowan noted that The Pokémon Company's legal team typically learned about fan projects through media coverage or personal discovery. He likened this to his experience teaching entertainment law, where he advises students that gaining media attention can inadvertently put their projects on the company's radar.

Despite this general policy, there have been instances where The Pokémon Company has issued takedown notices for fan projects that had only minor traction. This includes fan-made creation tools, games like Pokémon Uranium, and even viral videos featuring fan-made Pokémon hunting FPS games.