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 created a blatant copy of its popular franchise.

Pokémon Company Wins $15 Million in Copyright Infringement Case

A Shenzhen court ruled in favor of The Pokémon Company, awarding them $15 million in damages. The lawsuit, filed in December 2021, targeted a mobile RPG, "Pokémon Monster Reissue," launched in 2015, for its 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 and constituted outright plagiarism.

The evidence highlighted the game's blatant copying, including the use of Pikachu artwork from Pokémon Yellow for its app icon and the prominent featuring of Ash Ketchum, Oshawott, Pikachu, and Tepig in its advertisements – all without alteration. 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 complete halt to the game's development and distribution. 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, in a statement translated from GameBiz, reaffirmed its commitment to protecting its intellectual property to ensure 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. However, former Chief Legal Officer Don McGowan clarified in an Aftermath interview that the company doesn't proactively seek out fan projects for takedowns. Action is primarily taken when projects gain significant traction, such as through funding platforms like Kickstarter. McGowan stated, "You don’t send a takedown right away… If they get funded then that’s when you engage. No one likes suing fans."

The company typically learns of fan projects through media coverage or direct discovery. McGowan likened this to the unintended consequences of publicity, advising that press attention can inadvertently bring projects to the company's attention. Despite this policy, some smaller-scale fan projects, including creation tools, games like Pokémon Uranium, and viral videos, have received takedown notices.