Chinese Pokémon Clone Loses Millions in Copyright Suit

The Pokémon Company Successfully Defends IP in $15 Million Copyright Lawsuit Against Chinese Companies

The Pokémon Company has won a significant legal victory against several Chinese companies accused of copyright infringement, securing a $15 million judgment. The lawsuit, filed in December 2021, targeted the developers of "Pokémon Monster Reissue," a mobile RPG accused of blatantly copying Pokémon characters, creatures, and core gameplay mechanics.

The game, launched in 2015, featured striking similarities to the Pokémon franchise. Characters closely resembled Pikachu and Ash Ketchum, while the gameplay mirrored the series' signature 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 outright plagiarism.

Evidence presented included the game's app icon, which used Pikachu artwork from Pokémon Yellow, and advertisements featuring Ash Ketchum, Oshawott, Pikachu, and Tepig, with minimal alterations. 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, distribution, and promotion. While the final judgment from the Shenzhen Intermediate People’s Court was lower, the $15 million award serves as a strong deterrent against future copyright infringement. Three of the six defendant companies have reportedly filed appeals.

The Pokémon Company reiterated its commitment to protecting its intellectual property, ensuring fans worldwide can enjoy Pokémon content without disruption.

A nuanced approach to fan projects

Former Chief Legal Officer Don McGowan clarified the company's stance on fan projects in a previous interview. He stated that The Pokémon Company doesn't proactively seek out fan works but intervenes when projects gain significant traction, such as through funding campaigns. McGowan emphasized that legal action is a last resort, highlighting that "No one likes suing fans." The company typically learns of fan projects through media or direct discovery.

Despite this policy, The Pokémon Company has issued takedown notices for some smaller-scale fan projects, including creation tools, games like Pokémon Uranium, and viral videos featuring fan-made content.