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The Pokémon Company Sues Fan for Copyright Infringement, Demands $4,000 in Damages

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E

Enter the Dragon Punch

Banned
http://www.nintendolife.com/news/20...right_infringement_demands_usd4000_in_damages
http://motherboard.vice.com/read/a-broke-fan-owes-5400-for-trying-to-throw-a-pokemon-themed-party

document links

http://www.scribd.com/doc/283477649/Final-Judgment-and-Permanent-Injunction
http://www.scribd.com/doc/283477647...-of-Final-Judgment-and-Permanent-Injunction-1
http://www.scribd.com/doc/283477646/2015-09-18-Ltr-to-Ramar-Larkin-Jones-1

144382009665625.png


Jones was hit with a lawsuit from the Pokémon Company, which claimed his use of Pikachu and Snivy infringed on the company's copyright. He canceled the party.

"Once I canceled the event, I thought it would be over, thought it'd be dropped," Jones told me. "I talked to a lawyer the Monday after PAX and thought everything was good. I thought the lawsuit was a scare tactic—people were making jokes about it at PAX."

"The Pokémon Company International is willing to settle this lawsuit on the terms set forth in the enclosed Final Judgment and Permanent Injunction"
Normally, that's how these things go. A copyright holder sends a cease and desist letter or even files a lawsuit, the infringer cancels their event or takes down the infringing material, and everyone moves on. That's not what happened this time.

The Pokémon Company went through the entire legal process. Jones consulted with but did not hire a lawyer, because he was told that fighting the case would probably cost just as much as paying the lawsuit's damages. Rather than go through an entire trial, the Pokémon Company's lawyers sent Jones a letter asking him to pay $5,400 for copyright infringement. The settlement would prohibit him from ever using the company's copyrighted material again.

"I can't pay it," he said. "I manage a cafe, and cost of living is super expensive in Seattle. I am hoping I can try to pay it over the course of a year, because I simply want to be done with it."
Click to expand...

Jones said he has since had conversations with the law firm about bringing the total fees down to around $4,000.
Click to expand...

A Pokémon Company spokesperson said the company could not discuss specifics of the case.

"The case is not settled and we are not in a position to comment further," the spokesperson told Motherboard.
Click to expand...

[...] Jones says he will not fight the case in court because the cost of a lawyer would exceed the settlement terms.
Click to expand...

Well, that fucking sucks. $4,000 is a LOT for throwing some unofficial fan parties. You'd think TPC would want to encourage their fanbase to be out there and active, spreading good word of mouth. Guess they have a different vision in mind.

He's hosted a GoFundMe, but I don't know if I can link that?

Release me if old.
 
F

Familienoberhauptvogel

Banned
You'd think a company handling one of the biggest IPs out there would have better things to do than extort 5k from a small business owner. Be it within their rights or not.

Cosmonaut X said:
Is this not old news? Or did the Pokémon Company sue two separate groups over two separate event posters?
Click to expand...

this is the follow up
 
V

vareon

Member
Huh. What's the incentive to pursue this? TPC really wants $4000? I don't see the event damaging the brand either.
 
S

sonto340

Member
You'd think they'd sue one of the countless rip offs in the App Store that advertises with pictures of actual Pokemon on Facebook before a fan throwing a party.
 
B

BreezyLimbo

Banned
Was the event free? If it's really the 5th annual get together, that means he's been profiting off it for the past 4 years.
 
S

Stencil

Member
This has got to be a case of some higher up in TPC seeing the poster and making a remark about their copyright, and since the President of TPC (let's call him Giovanni) saw it, all the execs (let's call them Team Rocket Members) that were with him needed to follow through and make a lawsuit (let's call it a Battle) out of it.
 
G

Gaiaknight

Member
i see the TPC are still being assholes between this and not allowing nintendo to do some awesome stuff with the pokemon amiibo figures they have some stupid ass issues.
 
O

Outtrigger888

Member
They let him off easy but just enough that no one else will consider using the Pokemon IP in such a fashion again. I have no issue with this. They aren't going after much.
 
S

salromano

Member
Petty af, Pokemon Company. You're seriously extorting this guy for $4,000 (which is nothing to a company like TPC) for trying to throw a fan party that would only promote your shit?
 
S

StillEdge

Member
Don't they usually hit you with a cease and desist first. I have friends who make bootleg things all the time and they do it until they get the cease and desist warning then never make another one after that and move on to the next one.
 
H

Htown

STOP SHITTING ON MY MOTHER'S HEADSTONE
If he's been using Pokemon to sell tickets to this thing for five years, I can't really blame them for suing.
 
E

emb

Member
If only there was some way to just have a 'common sense' rule, and heavy fines for anyone who tries to claim infringement that ends up being illegitimate. :(

I doubt something like that could ever be implemented, but in cases like this the Pokemon Company should seriously just be laughed at by some judge, then forced to pay like 5 times what they're asking for just for wasting people's time.
 
N

Nanashrew

Banned
freeofgreed said:
Scummy as hell. Nintendo always seems backward as fuck when it comes to how its fans uses its IP.
Click to expand...

Pokemon Company has autonomy and can sue on their own, make mobile on their own and deny things from companies on their own. They even deny Nintendo on things, so Pokemon amiibo are used less than most other amiibo. Heck, the Pokemon costumes in Mario Maker don't even get their sounds.

This is all TPC and nothing to do with Nintendo. I don't like what TPC is doing either.
 
I

Illucio

Banned
This is sad and sickening. Can we forward our distaste of this event to the Pokemon Company, any sort of bad publicity right now especially with Pokemon Go on the horizon would really stick it to them.

He canceled the party he shouldn't be charged. If he had a lawyer he would win the court case.

Personally I hope he counter sues saying that he dropped the party and is now suing the Pokemon Company for extortion and is asking if they lose that they must pay for his lawyer and court costs.


As of right now fuck you Pokemon Company.
 
B

Bronetta

Ask me about the moon landing or the temperature at which jet fuel burns. You may be surprised at what you learn.
They probably need that $4000 to improve 3D performance in Pokemon games.
 
G

GDGF

Soothsayer
TPC should take this gung ho attitude to the app store if this kind of thing bothers them. Lots of copyright infringement there.
 
F

Familienoberhauptvogel

Banned
Illucio said:
This is sad and sickening. Can we forward our distaste of this event to the Pokemon Company, any sort of bad publicity right now especially with Pokemon Go on the horizon would really stick it to them.

He canceled the party he shouldn't be charged. If he had a lawyer he would win the court case.

Personally I hope he counter sues saying that he dropped the party and is now suing the Pokemon Company for extortion and is asking if they lose that they must pay for his lawyer and court costs.


As of right now fuck you Pokemon Company.
Click to expand...

No he wouldn't, his only chance would be for the case to be thrown out of court. Dick move as it may be, TPC are operating within their rights.

They are petty assholes though.
 
C

Cosmonaut X

Member
maquiladora said:
Meanwhile, the makers of the Pokemon porn parody film...
Click to expand...

...are, I would assume, protected under US laws regarding parody/fair use etc. In this case, I don't think there would be any such defense - and claiming some nebulous "oh, it promotes their products anyway - it's like free advertising!" defense wouldn't fly. He used TPC IP to advertise his parties and - presumably - profited from that (if the comments above about it being held in his cafe are correct, I'd assume he made some money from attendees, unless he offered freebies for the event) so that put him in the firing line.

The demand for monetary settlement seems... overzealous... though.
 
H

Htown

STOP SHITTING ON MY MOTHER'S HEADSTONE
Illucio said:
This is sad and sickening. Can we forward our distaste of this event to the Pokemon Company, any sort of bad publicity right now especially with Pokemon Go on the horizon would really stick it to them.

He canceled the party he shouldn't be charged. If he had a lawyer he would win the court case.

Personally I hope he counter sues saying that he dropped the party and is now suing the Pokemon Company for extortion and is asking if they lose that they must pay for his lawyer and court costs.


As of right now fuck you Pokemon Company.
Click to expand...
But... I think Pokemon Company is in the right here.

It's pretty clear cut. He's been using the Pokemon trademark and copyrighted art to sell tickets (the fact that he's taking money for this is pretty important) for the last five years.

That's not really something you can do.
 
B

BreezyLimbo

Banned
Htown said:
But... I think Pokemon Company is in the right here.

It's pretty clear cut. He's been using the Pokemon trademark and copyrighted art to sell tickets (the fact that he's taking money for this is pretty important) for the last five years.

That's not really something you can do.
Click to expand...

Yeah.

I mean, legit question for the guys defending him, would you guys be ok for me to, hmm, one time out of a year to sell tickets using Pokemon graphics for a get together and calling it a Poke-Bash whilst using copyrighted images? Would you guys be ok with that and would you come to my defense if TPC decided to sue me?

Be honest.
 
D

Diebuster

Member
Htown said:
If he's been using Pokemon to sell tickets to this thing for five years, I can't really blame them for suing.
Click to expand...

This was the first year he sold tickets to the event, and that money went towards giveaway prizes for the attendees. He lost money every other year he threw the party.
 
J

joedick

Member
Htown said:
If he's been using Pokemon to sell tickets to this thing for five years, I can't really blame them for suing.
Click to expand...

I know one of the articles mentions the $2, but the poster that set this off says 'no cover', so I doubt the charge was a factor. This is about the art on the poster. Pretty lame in my opinion. I get they want to make an example, but going after fans like this always looks bad to me.
 
M

maquiladora

Member
Htown said:
But... I think Pokemon Company is in the right here.

It's pretty clear cut. He's been using the Pokemon trademark and copyrighted art to sell tickets (the fact that he's taking money for this is pretty important) for the last five years.

That's not really something you can do.
Click to expand...

$2 tickets that pays for the DJ and the stuff he gives away....
 
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