Chinese Pokémon Clone Fined $15M in Copyright Suit

The Pokémon Company has successfully defended its intellectual property rights in a lawsuit against Chinese companies that allegedly copied its Pokémon characters.

The Pokémon Company Wins Lawsuit Against Copyright Infringers

Chinese Companies Found Guilty of Copying Pokémon Characters

The Pokémon Company has emerged victorious in a legal battle against several Chinese companies accused of copyright infringement and intellectual property theft, securing a significant victory for the franchise. The court awarded them $15 million in damages after a prolonged legal battle. The lawsuit, initiated in December 2021, alleged that the developers created a game that blatantly copied Pokémon characters, creatures, and core gameplay mechanics.

The issue surfaced in 2015 when the Chinese developers released "Pokémon Monster Reissue," a mobile RPG that bore striking similarities to the Pokémon series. The game featured characters resembling Pikachu and Ash Ketchum, and its gameplay mimicked the turn-based battles and creature collecting that define Pokémon. Although the Pokémon Company does not claim exclusive rights to the monster-catching genre, they argued that "Pokémon Monster Reissue" crossed the line from inspiration to outright plagiarism.

For example, the game's app icon replicated the Pikachu artwork from the Pokémon Yellow box art. Its advertisements showcased characters like Ash Ketchum, Oshawott, Pikachu, and Tepig without any alterations. Moreover, gameplay footage available online displayed familiar characters and Pokémon such as Rosa from Black and White 2, and Charmander.

Image from perezzdb on YouTube

News of the lawsuit first broke in September 2022, with The Pokémon Company initially seeking $72.5 million in damages, along with a public apology to be published across major Chinese websites and social media platforms. The lawsuit also called for an immediate cessation of the development, distribution, and promotion of the infringing game.

Following an extensive court 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 initial demand of $72.5 million, it serves as a strong deterrent to developers tempted to exploit the popular franchise. Three of the six companies involved have reportedly filed an appeal.

According to a translated article from GameBiz, The Pokémon Company reassured 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 criticism for its actions against fan projects in the past. Don McGowan, the former Chief Legal Officer of The Pokémon Company, shared insights in a March interview with Aftermath. During his tenure, McGowan explained that the company did not proactively seek out fan projects to shut down. Instead, they acted when these projects crossed specific thresholds.

"You don’t send a takedown right away," McGowan stated. "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 further explained that the legal team at The Pokémon Company typically learns about fan projects through media coverage or personal discovery. He likened this to his role teaching entertainment law, where he advises students that gaining press attention can unintentionally draw their projects to the company’s notice.

Despite this cautious approach, The Pokémon Company has occasionally issued takedown notices for fan projects with minimal traction. This includes fan-made creation tools, games like Pokémon Uranium, and even viral videos featuring fan-made Pokémon hunting FPS games.