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

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Zolf

Member
I'm not a lawyer but the guy should just ignore their demands until they actually take him to court, forget trying to raise the money or whatever since their demands don't have any weight unless some judgement is rendered against him. I really doubt they would actually put in the time and expense of taking him to court over $4000.
 

sakipon

Member
Thread title seems misleading, should be sues cafe instead of sues fan. I doubt they'd care if he held a free Pokemon party at his home or some hall. But the guy has been luring fans into his cafe for several years in a row. He's making profit.

I mean, I guess if you lack basic reading comprehension.

This might be news to you, but a ton of consumers only glance at things and assume whatever. Therefore use of official art in advertising is protected and so it should be.
 

JoeM86

Member
Again, there has to be something more to this.

Yes it does. Just like if Naughty Dog were to do something similar, it would still lie with Sony as they are owned by them. Even if this wasn't decided by the heads of Nintendo themselves saying "Nintendo is at fault" isn't the stretch people are making it out to be when the company they own is the one making the lawsuit.

No it doesn't.

If it was to do with Nintendo, Nintendo would get involved. Trust me.

Nintendo are the de facto owners of Pokemon and its related companies. They own the big share of all the parties involved in Pokemon. It's not far fetched to point out the Nintendo corporate culture imo

They are different companies and Nintendo doesn't have the majority stake in The Pokémon Company so yes, it is farfetched to point it out.
 

Chindogg

Member
Nintendo are the de facto owners of Pokemon and its related companies. They own the big share of all the parties involved in Pokemon. It's not far fetched to point out the Nintendo corporate culture imo

Nintendo owns 33% of TPC. TPC has their own company president and does things autonomously from Nintendo. It's why Pokemon's been on mobile for years and why Pokemon sounds aren't in Mario Maker.
 

JoeM86

Member
Nintendo owns 33% of TPC. TPC has their own company president and does things autonomously from Nintendo. It's why Pokemon's been on mobile for years and why Pokemon sounds aren't in Mario Maker.

Assumption :p

Also 32%, not 33% </pedantic>

But seriously yeah, you are right. It's astonishing that people still don't get this, even when linked to threads explaining it all.
 

Boss Doggie

all my loli wolf companions are so moe
How is it that no matter how much you explain you get adamant people resisting the proper explanation?

Really considering one poster even go to "deflect from Nintendo" makes me assume all this bullshit about ownership is an attempt to make it into a console war.

Nintendo are the de facto owners of Pokemon and its related companies. They own the big share of all the parties involved in Pokemon. It's not far fetched to point out the Nintendo corporate culture imo

Not really no, Pokemon is owned by TPCi, not Nintendo. And Nintendo only owns a third or so of TPCi.
 

JoeM86

Member
Not really no, Pokemon is owned by TPCi, not Nintendo. And Nintendo only owns a third or so of TPCi.

Not quite. The Pokémon Company (especially The Pokémon Company International, which is sort of a different thing to The Pokémon Company) doesn't really own anything.

The franchise is co-owned by Nintendo, Game Freak and Creatures Inc., the trademarks are owned by Nintendo (for the most part. In Japan, many of the trademarks are also co-owned).

It's all a big mess :p
 

Boss Doggie

all my loli wolf companions are so moe
Not quite. The Pokémon Company (especially The Pokémon Company International, which is sort of a different thing to The Pokémon Company) doesn't really own anything.

The franchise is co-owned by Nintendo, Game Freak and Creatures Inc., the trademarks are owned by Nintendo (for the most part. In Japan, many of the trademarks are also co-owned).

It's all a big mess :p

Still, TPCi is the one that manages all of the franchise handling, from marketing and merchandising right? That they're given free reign to it?
 

JoeM86

Member
Still, TPCi is the one that manages all of the franchise handling, from marketing and merchandising right? That they're given free reign to it?

TPCi handles those things in the west while TPC oversees them and deals with those things in Japan. You keep interchanging TPC and TPCi though. While TPCi does deal with these things in the west, they're just an additional division of TPC.

But yeah, TPC has free reign to the point that they even commission and help work on the spin-offs.
 

N30RYU

Member
If you know someone that is using your copyright material wait 5 years for them to use it more and SUE THEN ALL! profit
 
Most likely a big chunk of those $4000 are the lawyer firm's fee for taking the case. Well done TPC.
While the links in the OP no longer work it the Pokemon company international was rewarded costs which totaled $400 for filing the case and $5000 attorneys fees. Thanks United States District Judge

$4000 is what he managed to negotiate The Pokemon Company down to.

Of course that gets us back to the point of why not just send a cease and desist letter warning about potential legal action over failure to comply rather than blow $5400 going to court? Basically at best the Pokemon Company international has wasted $1400 here and made a PR storm for themselves.
 

L.O.R.D

Member
M4Tv3zh.jpg


all covered

they should sue PETA instead , or even the religious groups that fight Pokemon till now
 

That link just says that the sole owners of the Pikachu and that green Pokemon character is Nintendo.

On the 2nd line, the following is mentioned - Pokémon, Pokémon character names, Nintendo 3DS, Nintendo DS, Wii, and Wiiware are trademarks of Nintendo.

What we see is the sole owner, Nintendo, of the Pokemon logo and the characters that inhabit the Pokemon world, such as the likes of Pikachu, Togepi, among many others.
 

Scipio

Member
I'm not knowledgeable of American law, but 5000 dollars is completely ridiculous. There's no way a proper judge deems that The Pokémon Company suffered these damages.
 

foltzie1

Member
I'm not knowledgeable of American law, but 5000 dollars is completely ridiculous. There's no way a proper judge deems that The Pokémon Company suffered these damages.

In actual damages no, but statutory damages can go from $750 to $150,000 per copyrighted work .
 

Nose Master

Member
They're getting serious with some new directions for that franchise again soon. Someone had to be made an example of to scare off people profiting off their characters. It's $4000. It sucks, but it could have been a lot worse.
 
Thread title seems misleading, should be sues cafe instead of sues fan. I doubt they'd care if he held a free Pokemon party at his home or some hall. But the guy has been luring fans into his cafe for several years in a row. He's making profit.



This might be news to you, but a ton of consumers only glance at things and assume whatever. Therefore use of official art in advertising is protected and so it should be.

Luring? Haha. Give me a break.I don't know how many times it has to be stated but the event was not even being thrown at the same cafe that this guy works at.
 

Fuzzery

Member
Says right on the wiki that it's owned by nintendo
The Pokémon Company (&#26666;&#24335;&#20250;&#31038;&#12509;&#12465;&#12514;&#12531; Kabushiki gaisha Pokemon?) is a corporation owned by Nintendo that is responsible for marketing and licensing the Pokémon franchise. It is affiliated with Game Freak and Creatures.[1] It began operating in 1998 and adopted the moniker Pokémon Ltd. in 2000. The company is headquartered in the Roppongi Hills Mori Tower in Roppongi Rokuchome, Minato, Tokyo.[2]

The company has separate divisions that handle operations in different parts of the world, with The Pokémon Company International supporting the territories outside of Asia, Australia, and New Zealand. In South Korea, the operations are handled by Pokémon Korea, Inc.[2]

Is that wrong?
 
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