Pokemon Clone Fined $15M in Copyright Case

The Pokémon Company successfully defended its intellectual property in a significant legal victory against Chinese companies accused of copyright infringement. A Shenzhen court awarded the company $15 million in damages, concluding a lawsuit initiated in December 2021.

The lawsuit targeted the developers of "Pokémon Monster Reissue," a mobile RPG with striking similarities to the Pokémon franchise. The game featured characters closely resembling Pikachu and Ash Ketchum, and mirrored the core gameplay mechanics of turn-based battles and creature collection. While acknowledging the existence of other monster-catching games, The Pokémon Company argued that "Pokémon Monster Reissue" went beyond inspiration, constituting blatant plagiarism. This was underscored by the game's icon, which used Pikachu artwork from Pokémon Yellow, and advertisements featuring Ash Ketchum, Oshawott, Pikachu, and Tepig. Gameplay footage further revealed the inclusion of characters like Rosa from Black and White 2 and Charmander.

Initially, The Pokémon Company sought $72.5 million in damages, a public apology, and a cessation of the game's development and promotion. While the final judgment was lower, 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 reiterated its commitment to protecting its intellectual property to ensure fans worldwide can enjoy Pokémon content without disruption.

Addressing past criticism regarding the takedown of fan projects, former Chief Legal Officer Don McGowan clarified that The Pokémon Company doesn't proactively seek out fan works. Action is typically taken when projects gain significant traction, such as through funding campaigns. McGowan emphasized that the company often learns of fan projects through media or direct discovery, highlighting the unintended consequences of publicity. However, the company has issued takedown notices for smaller projects, including creation tools, games like Pokémon Uranium, and viral videos featuring fan-made content.