Pokémon Clone Faces $15M Copyright Loss

The Pokémon Company secures a significant victory in a copyright infringement lawsuit against Chinese companies that created a blatant copy of its popular franchise. The Shenzhen Intermediate People’s Court awarded The Pokémon Company $15 million in damages, a portion of the initially requested $72.5 million.

This legal battle, initiated in December 2021, centered around the mobile RPG "Pokémon Monster Reissue," launched in 2015. The game featured strikingly similar characters, creatures, and gameplay mechanics to the Pokémon series, including near-identical depictions of Pikachu and Ash Ketchum, and gameplay mirroring Pokémon's signature turn-based battles and creature collection. The lawsuit argued that the game went beyond mere inspiration and constituted blatant plagiarism, citing the use of Pikachu artwork from Pokémon Yellow on the app icon and promotional materials featuring Ash Ketchum, Oshawott, Pikachu, and Tepig. Further evidence included gameplay footage showcasing characters like Rosa from Black and White 2 and Charmander.

The initial lawsuit also demanded a public apology and cessation of the game's development, distribution, and promotion. While the final judgment was less than the initial demand, the $15 million award serves as a strong deterrent against future copyright infringement. Three of the six sued companies have reportedly filed appeals.

The Pokémon Company's commitment to protecting its intellectual property is underscored by its statement, assuring fans of continued efforts to ensure worldwide enjoyment of Pokémon content without infringement concerns. However, the company has faced past criticism for its handling of fan projects.

Former Chief Legal Officer Don McGowan clarified the company's approach in a March interview, stating that takedown notices are not issued immediately. Action is typically taken when fan projects gain significant traction, such as through crowdfunding. McGowan emphasized that the company primarily learns of fan projects through media or personal discovery, highlighting the unintended consequences of publicity. Despite this policy, takedown notices have been issued for projects with minimal reach, including fan-made tools, games like Pokémon Uranium, and viral videos.