http://www.geekwire.com/2015/pokemo...rty-on-eve-of-pax-game-convention-in-seattle/
A lawsuit over 60$ seems a tad excessive...
A lawsuit over 60$ seems a tad excessive...
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Pokémon Company suing organizers of a pre-PAX Pokémon Themed Party.
- Thread starter BY2K
- Start date
SliceSabre
Banned
Lesson here: Nintendo does NOT fuck around with their IPs.
Bjoern the Smexy
Member
Just in case of any flame wars, remember that Nintendo might have nothing to do with TPC suing these people.
The Pokémon Company is only partially owned by Nintendo. They act on their own accords.
The Pokémon Company is only partially owned by Nintendo. They act on their own accords.
Waluigilicious
Member
While Nintendo do look like the bad guys here, it really is unfair to use someone else's IP and make money from it (and also the fact that Nintendo aren't there to regulate how you treat the IP)
spindashing
Banned
.
I love a good Ninty joke every now and then but TPC didn't do anything wrong here.
Hero Prinny
Member
I hate the pokemon company with a passion, they only exist to piss people off
That's going to hurt more than any damages. I'm torn on this, they were charging for this event and using Pokemon imagery. But I doubt they're making any profit at $2 a ticket, and it's such a small petty thing to go after.
It's not Nintendo, it's TPC.
DownGrader
Member
Whoa there, calm.
MDSVeritas
Member
This is not Nintendo. To be clear the Pokemon Company does not equate to Nintendo.
Come on now. People don't care. They just want to say Nintendo doesn't understand the inter... Wait a second...oh parties.
Anyway every company is protective of their ips and tpc us the same.
It's over 60$ worth of ticket. It feels silly to me.
SpacePirate Ridley
Member
TPC, the company that has even an issue with Pikachu gear for miis on Mario Kart 8 using the pokemon amiibos?
Why im not surprised.
Why im not surprised.
Lights and Waves
Member
Well that's fucking dumb. And they wonder why the fans hate TPC. They're really only concerned with selling games and that's it. No love for the fans or any concern for positive PR.
Hero Prinny
Member
They just hold nintendo back, they should be disposed of. I hope one day nintendo does some of them back door shadey deals that finally gives them full ownership of pokemon so we can finally get rid of tpc
Because it is, its what they do best
DownGrader
Member
I believe they just tried to protect the IP. I'm pretty sure TPCi don't want to see the news and publications about people getting wasted on Pokemon party and undressing in the middle of the street or something.
They actually were concerned about not getting a negative PR, especially as a kid-friendly company; see above.
A Link to the Past
Banned
Seems excessive. A C&D should suffice.
Waiting for Level-5 to roll in and tell them that they can have a Yokai Watch party instead though
Waiting for Level-5 to roll in and tell them that they can have a Yokai Watch party instead though
Yeah, some 30 random weirdos getting drunk in a Pikachu shirt would surely be worse PR than this.
Nobody would have talked about this random ass party until now.
Tal Shiar Agent
Member
They also don't want to rerelease the old games on VC. They are nuts.
A rather grandiose statement. Do you have evidence and example to support that statement?
You do realise that's because there's no communication features so games can't be completed and the main part of Pokémon wouldn't be there, right?
DownGrader
Member
Yes.
Do you realise that the only people who are annoyed by TPCi sueing party organisers are very few gaming/Pokemon enthusiasts who are already annoyed by TPCi but continue to buy their products, while news about people getting drunk in Pikachu shirt, if being made big, will affect parents and make them think whether their kids should be that dedicated to Pokemon. Combined with the fact that TPCi still markets their products to kids, that possible turnout would be more harmful for the company.
TPCi just chose to harm itself a bit istead risking and getting way bigger hard in case somthing will happen.
TBH, Pokemon TCG GBC, being released on 3DS, can't be completed either due to Card Pop feature missing, but it's really not the same situation as in the case of two or more versions of mainline Pokemon games in one gen.
Hmm. Did they even attempt a C&D in the past? Don't they have to do that first before jumping straight to the lawsuit like this? If they did issue C&D in the past and they were in ignore then these organizers are likely screwed. However TPC would have to prove these people were attempting to make a profit. If the tickets were covering the cost of food and the booking now sure what TPC has to gain here. Couldn't a judge toss this?
chrominance
Member
It's true. Have you seen all those Santarchy parties where people dress up like Santa and get drunk? Santa Claus took a huge hit from those parties, Now people just think he's a mistake, nothing but trash. Parents shield their children whenever Santa Claus comes up on TV or in the mall. Little kids send him mail asking for toys and begging him to go to AA. He should've sued the fuck out of those guys.
This is a real dumb lawsuit. Would a cease-and-desist not have been enough?
There is a difference between having two cards unobtainable and having a dozen Pokémon unavailable,
DownGrader
Member
And that's another question. Yes, TPCi should just C&D this party, and I think sueing was excessive. I, however, perfectly see the logic behing TPCi taking an action against party organisers.
Well, that's why I said it's not the same.
TPCi is not Nintendo.
meltingparappa
Member
Making money (however small) with their IP, using official art to advertise it, no way to distinguish if it's an official event or not.
There's liability and setting a precedent at stake for TPC. Definitely small potatoes and hopefully the cancelation is enough to get them to drop the suit, but that was quite e blind spot on behalf of the organizers.
There's liability and setting a precedent at stake for TPC. Definitely small potatoes and hopefully the cancelation is enough to get them to drop the suit, but that was quite e blind spot on behalf of the organizers.
How so? Because they're a bit tight on licensing out characters for amiibo usage? Bit of a stretch.
meltingparappa
Member
"Parody" constitutes fair use, so long as you can prove to a judge that nobody would mistake that garbage as an official product.so , they sue over a party
but can't sue this ?
in us copyright law you defend your trademarks or gradually see them ceded to the public
Isn't something like this protected by parody law? I guess it could also be interpreted as slander though.
chrominance
Member
I actually agree with this, but I think the severity of the response is important. This seems only a step or two removed from suing parents that dared to throw a Pokemon-themed party for their kid. The big difference, really, is these organizers charged for their party, but given the paltry amount of money they got (and remember, they SOLD OUT the party, so it's not like they were likely to make more money) it's hard to imagine a good reason for taking these people to court except to make an example out of them.
I'm sure they sent out C&Ds before. Every company does, as no one really wants to go to court. Costs too much money and is bad press. Judge isn't going to toss it because it's not about money. You just can't use someone else's IP in this way.
That is what I am wondering. Perhaps they have sent out Cease and Desists in years prior.
what about the many many games on mobile that use pokemon photos to advertise their own games
can't pokemon company call apple to remove those games ?
I might be wrong, as the law (and IP law) works differently in different countries, but I know there exists a rule that says you are responsible to act upon every act against your IP. If you don't, it means you can potentially lose the claim to that part of the IP protection.
In this case, it could potentially lead to TPC not being able to exclusively claim pre-convention pokemon themed parties. It's silly, but they have to act on it. It doesn't make a difference if they make 1 million dollar or 5 dollar.
the only reason
Banjo-Kazooie
Member
Like I never understand when companies do things like this. $60 and the protection of your valuable IP from your FANS is worth the bad PR?
Like...what?
Like...what?
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