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

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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.
Unless I'm mistaken he is buying prizes with the money. For a Pokemon party I would assume prizes would be Pokemon merch. If this is the case, The Pokemon Company is making money off this party. But I don't see how this would hurt them, so why not let it go? No need for them to be such asses about it.
This kind of thing is going to hurt them. I'm sure not going to be buying a new Pokemon game ever again if I can get it used. Just because of this.
 

Granteed

Banned
If you don't protect your trademarks and copyrights you lose them. Simple as that. Everyone needs to know your awake and watching so the bigger fish don't make a play. Way too much at stake.

Feel sorry the guy is learning a tough lesson. But I am guessing they have had too many small businesses trying to do things with pokemon. There was the guy who had that great app of a pokedex. Pokemon Co. let him off easy and no money. But it seems they feel they need to be tougher because they HAVE been nice and people are not stopping. So this guy is the example. I can't blame them. Once you open the door you can't shut it.

This. If they're officially aware of it, they have to pursue. Nintendo, for example, only allows projects like Project M to persist by pretending they don't exist while at the same time barring them from certain events. Blame copyright/IP law if you want to get mad.
 

Crema

Member
This. If they're officially aware of it, they have to pursue. Nintendo, for example, only allows projects like Project M to persist by pretending they don't exist while at the same time barring them from certain events. Blame copyright/IP law if you want to get mad.

This is Barry Zuckerkorn tier legal advice
 

Madness

Member
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.

Please don't dispense legal advice when you don't have a clue. Extortion? Do you even know what that means? If the guy doesn't have enough money to settle a $4-$5k case, what makes you think he can counter sue? You do know when you lose a case, you also have to pay the other side legal fees incurred not to mention have to pay filing fees for such a frivolous lawsuit that will be thrown out the first second a judge reads it.

I don't care about the Pokémon Company. They sound petty here, but the guys been running unofficial events for 5 years at this cafe and has been charging money for tickets, even if it's to pay for DJ/Events. He's using Pokémon to not only promote his cafe venue, but trying to gain fame from their brand. Just saying I'll cancel it, doesn't mean anything.

I hope he eventually reaches an agreement where he doesn't have to pay, but he's in the wrong here on multiple points.
 

Monocle

Member
It's important to punish people for liking things. One day I hope to own my own IP so that I can be a petty shitheel about copyright infringement.
 
Can't they just CnD him without asking for the money?
They filed a complaint:

http://www.scribd.com/doc/276573606/Pokemon-Lawsuit

As part of that complaint, one of the demands was for the defendant to pay any attorney's fees that resulted.

Hence, the final judgment that included, along with his taking down any relevant material, his paying of the costs that were spent by TPCi on this case, which ended up totaling $5400 ($400 filing, $5000 fees).

Annoyingly enough, the legal document that was on Motherboard seems to have been deleted...

Nevertheless, the financial status of the guy was irrelevant to the nature of the decision. There was no notion that this guy was poor when the story first hit. It's merely spin to make for a better story IMO.

I expect him to pull through though - his gofundme is at $660 already, and it's 1 day old.
 
Petty, scummy, pathetic, and overall just shitty of them to do this.

You're going to shake a guy down for four grand over this? And that's after the C&D? Come on man.
 

epmode

Member
It's important to punish people for liking things. One day I hope to own my own IP so that I can be a petty shitheel about copyright infringement.

Think about it. If The Pokemon Company let this party stand for another year, they stood to lose the Pokemon copyright to this guy. Don't you understand copyright law? GAF taught me everything I know!
 
Whatever you think about modern Sega and Sonic's downturn in quality (still hoping for that potentially great anniversary game Sonic Team) they spent the last twenty years actively allowing the entire Sonic fandom copyright infringe the hell out of their character in to oblivion and did absolutely nothing to ever legally prosecute them - then in public statements made a point to stress that they will never actually do anything (when it comes to Sonic in particular) and always let it slide. As a result even with Sonic now fading the hardcore Sonic fandom and scene remains strong and alive and kicking to this day - as fans are enthusiastic about creating works to celebrate the character - having essentially been given special permission to do so.

This is an extreme example (as obviously this thread is just referring to a poster advertising an event - but to be honest that just makes my point even stronger) but I think modern gaming companies need to realise that actively allowing certain potential legal events like this slide is actually better and more positive for the company's image and fanbase - as opposed to sending a lawyer squad at insignificant issues that don't actually cause any real damage to the company and attacking anyone and everyone who dares to creatively infringe upon their characters. The guy printed out a picture for an event celebrating their games with their ardent fans - you'd have to be a robot with a heart made of steel to attack the guy for that.
 

Boss Doggie

all my loli wolf companions are so moe
if nintendo is the owner of the pokemon company then why would it not have control over and supersession in the things they do?

only part of the company



They filed a complaint:

http://www.scribd.com/doc/276573606/Pokemon-Lawsuit

As part of that complaint, one of the demands was for the defendant to pay any attorney's fees that resulted.

Hence, the final judgment that included, along with his taking down any relevant material, his paying of the costs that were spent by TPCi on this case, which ended up totaling $5400 ($400 filing, $5000 fees).

Annoyingly enough, the legal document that was on Motherboard seems to have been deleted...

Nevertheless, the financial status of the guy was irrelevant to the nature of the decision. There was no notion that this guy was poor when the story first hit. It's merely spin to make for a better story IMO.

I expect him to pull through though - his gofundme is at $660 already, and it's 1 day old.

so it was more on the paper he signed then?

he's kinda shortsighted then
 

Lothars

Member
I don't care about the Pokémon Company. They sound petty here, but the guys been running unofficial events for 5 years at this cafe and has been charging money for tickets, even if it's to pay for DJ/Events. He's using Pokémon to not only promote his cafe venue, but trying to gain fame from their brand. Just saying I'll cancel it, doesn't mean anything.

I hope he eventually reaches an agreement where he doesn't have to pay, but he's in the wrong here on multiple points.
You seem to have no clue what your talking about this wasn't at his cafe. This was an event at another location.

The only one in the wrong here is the TPC for being completely petty about it. It's pretty sad the people defending them doing this.
 
The guy printed out a picture for an event celebrating their games with their ardent fans - you'd have to be a robot with a heart made of steel to attack the guy for that.
According to the initial filing of the complaint:

21. On information and belief, Defendants are producing and will be presenting an event that they call the “5th Annual Unofficial Pokemon PAX Kickoff Party,” which is scheduled to take place on August 27, 2015 at 500EAST Social House in Seattle, Washington, starting at 8:00 p.m.

22. Defendants are promoting this event through a Facebook page they have created at https://www.facebook.com/events/1655205158055812/ . They also are promoting the event and have sold tickets to it (the event is now listed as sold out) through the following page at Eventbrite: http://www.eventbrite.com/e/5th-annual-unofficial-pax-pokemon-kickoff-party-tickets-17842953755.

23. Defendants boast that the “5th Annual Unofficial Pokemon PAX Kickoff Party” will feature among other things, “Pokemon themed shots and drinks - Smash Bros. Tournament with cash prize - Dancing - Giveaways - Cosplay Contest and more,” and an “AMAZIN POKEMON MASHUP.”

24. Defendants have incorporated infringing copies of Pikachu and Snivy into their poster for the “5th Annual Unofficial Pokemon PAX Kickoff Party,” depicted below, and are publicly displaying that poster:

Xp8klLj.png


25. Defendants have also incorporated an infringing copy of Pikachu into a post on their Facebook page promoting the “5th Annual Unofficial Pokemon PAX Kickoff Party,” as shown below

iDv3rXk.jpg
 

Boss Doggie

all my loli wolf companions are so moe
Whatever you think about modern Sega and Sonic's downturn in quality (still hoping for that potentially great anniversary game Sonic Team) they spent the last twenty years actively allowing the entire Sonic fandom copyright infringe the hell out of their character in to oblivion and did absolutely nothing to ever legally prosecute them - then in public statements made a point to stress that they will never actually do anything (when it comes to Sonic in particular) and always let it slide. As a result even with Sonic now fading the hardcore Sonic fandom and scene remains strong and alive and kicking to this day - as fans are enthusiastic about creating works to celebrate the character - having essentially been given special permission to do so.

This is an extreme example (as obviously this thread is just referring to a poster advertising an event - but to be honest that just makes my point even stronger) but I think modern gaming companies need to realise that actively allowing certain potential legal events like this slide is actually better and more positive for the company's image and fanbase - as opposed to sending a lawyer squad at insignificant issues that don't actually cause any real damage to the company and attacking anyone and everyone who dares to creatively infringe upon their characters. The guy printed out a picture for an event celebrating their games with their ardent fans - you'd have to be a robot with a heart made of steel to attack the guy for that.

You do realize that the sonic fandom mostly just make OC donut steels right? They don't actually make money of them. Making fanart is of fair use.
 

Slavik81

Member
Nope, TPCI is an entity of its own and while Nintendo has some power over it ti's not that much.
Maybe there's more to it than I know, but I'd expect that the owner could fire the CEO and hire new management. That's the stick that helps ensure the company is run in a manner that advances the owner's interests.

EDIT: Though, not with the 32% they have. Let's amend that to Nintendo/Game FREAKS/Creatures Inc.
If you don't protect your trademarks and copyrights you lose them. Simple as that. Everyone needs to know your awake and watching so the bigger fish don't make a play. Way too much at stake.
The damages are both ridiculous and unnecessary. They're not going to lose their trademarks over the use of the characters in advertising pokemon fan-events, but for the sake of argument, let's say they will.

If it's about enforcing the trademark, Send a C&D without demanding damages. That would still be silly, but less so.
 

Pikma

Banned
They filed a complaint:

http://www.scribd.com/doc/276573606/Pokemon-Lawsuit

As part of that complaint, one of the demands was for the defendant to pay any attorney's fees that resulted.

Hence, the final judgment that included, along with his taking down any relevant material, his paying of the costs that were spent by TPCi on this case, which ended up totaling $5400 ($400 filing, $5000 fees).

Annoyingly enough, the legal document that was on Motherboard seems to have been deleted...

Nevertheless, the financial status of the guy was irrelevant to the nature of the decision. There was no notion that this guy was poor when the story first hit. It's merely spin to make for a better story IMO.

I expect him to pull through though - his gofundme is at $660 already, and it's 1 day old.
A part of me hopes they back off before the campaign ends so fans don't end up paying their fucking lawyers but another one wants to see this go until the end so I can keep it as a reminder to not buy their fucking products ever again.
 
Why do I have a feeling that this is probably something that isn't being handled properly on behalf of someone else? It's like...well, something's not right. You never know, though, with corporations.
 

Boss Doggie

all my loli wolf companions are so moe
Makes me wonder if it's the International branch causing this shit and not the Japanese branch.

well they own enough that all pokemon property stay exclusive to nintendo. i mean hell pikachu is practically a nintendo mascot just mario, link & metroid are.

Actually they've released a lot of products outside of Nintendo. The only Nintendo part really is the main-line games.
 

Reallink

Member
So what exactly is the difference between what this guy was doing Vs. say a kids Pokemon themed birthday party (complete with Pikachu invitations, Facebook posts, school bulletin boards etc...)? Could they conceivable go after 7yo Johnny's (mom and dad) on the same grounds?
 

udivision

Member
Looking at the disparity between some of the decisions made by different Nintendo branches (the common theme is NoA is terrible), I think it's asking way too much for Nintendo to "reign in" TPCi (which they don't own) when they have trouble running all of their actual, owned branches in a uniform way.

So what exactly is the difference between what this guy was doing Vs. say a kids Pokemon themed birthday party (complete with Pikachu invitations, Facebook posts, etc...)? Could they conceivable go after 7yo Johnny's (mom and dad) on the same grounds?

The major difference is that the tickets cost money, I think.
 
So what exactly is the difference between what this guy was doing Vs. say a kids Pokemon themed birthday party (complete with Pikachu invitations, Facebook posts, school bulletin boards etc...)? Could they conceivable go after 7yo Johnny's (mom and dad) on the same grounds?
Are they selling tickets for and serving Pokemon themed shots and drinks at Johnny's birthday party?
 

Reallink

Member
Looking at the disparity between some of the decisions made by different Nintendo branches (the common theme is NoA is terrible), I think it's asking way too much for Nintendo to "reign in" TPCi (which they don't own) when they have trouble running all of their actual, owned branches in a uniform way.



The major difference is that the tickets cost money, I think.

But the tickets were technically for a raffle based on other posts, and kids usually exchange goods (gifts) of far greater than $2 value to attend said Pokemon themed birthdays. Attendees will also usually receive copyrighted Pokemon themed party favors in return.
 
Actually they've released a lot of products outside of Nintendo. The only Nintendo part really is the main-line games.
my point is that there's never been a major pokemon game that's been on any non-nintendo platform, iirc. pokken is in arcades but it's coming to wii u.

which, fun fact about that, if pokken is running on system 369, it's technically being played on Ps3s in the arcades.
Loooooooooooooooool
what? is metroid not one of the most iconic video game franchises of all time?
 

udivision

Member
But the tickets were technically for a raffle based on other posts, and kids usually exchange goods (gifts) of far greater than $2 value to attend said Pokemon themed birthdays.

The case excerpt linked above just says tickets, and I don't think bringing a gift is mandatory to attend a birthday party.
 
I love how people are quick to act like TPC is not Nintendo, when a quick google shows Nintendo owns the company. It is like saying "that wasn't Nintendo! That was Nintendo of North America, incorporated!"
 

GorillaJu

Member
The terms of the lawsuit look pathetic to me. Nowhere is he trying to imply it's official or is he selling access to Nintendo's copyrighted material. He's just using ticket sales to fund a party for fans of their game.

This comes across like he's being sued for liking Pokemon. Really bad look for the company. Petty and shameful.
 

Boss Doggie

all my loli wolf companions are so moe
my point is that there's never been a major pokemon game that's been on any non-nintendo platform, iirc. pokken is in arcades but it's coming to wii u.

which, fun fact about that, if pokken is running on system 369, it's technically being played on Ps3s in the arcades.

iirc it uses tekken engine so there's that

and while that's true, that's more to do with Nintendo's place, and well, there's Go and that's pure mobile.

There is actual people, actual persons, in this thread, defending TPC on this. Wow...

Because clearly an echo chamber of angry people condemning something rather than discussing the issue at hand like rational people is something better.

Mind you if you actually read the thread people are not happy with what happened but they see why they did it.
 

Boss Doggie

all my loli wolf companions are so moe
I love how people are quick to act like TPC is not Nintendo, when a quick google shows Nintendo owns the company. It is like saying "that wasn't Nintendo! That was Nintendo of North America, incorporated!"

Because clearly wikipedia is right.

Hint: GAF has a better answer than anything wikipedia has.

Fuck, Wikipedia can't even get the staff credits right in certain Pokemon franchise entries.

Let me remind you that Google always shows up Bulbapedia as the first result in Pokemon related shit.
 
iirc it uses tekken engine so there's that
the tekken engine? if you mean arcade board then which one? tekken 7's arcade board is based on PC architecture but I doubt pokken is running on the same hardware that's going to port a game to Ps4.

tekken 6 and tag 2 ran on board 357/369 respectively, which were Ps3 hardware.
 

Boss Doggie

all my loli wolf companions are so moe
the tekken engine? if you mean arcade board then which one? tekken 7's arcade board is based on PC architecture but I doubt pokken is running on the same hardware that's going to port a game to Ps4.

tekken 6 and tag 2 ran on board 357/369 respectively, which were Ps3 hardware.

Yeah that's what I meant. Like how TvC uses Wii architecture. So I guess that means Pokken is using PS3 architecture lol

Mind you it's just hearsay. Not 100% sure on what Pokken runs on.
 
even if you own the business?
The point of the suit is to protect their IP. It looks bad against the Internet poster such as yourself, but you guys are ultimately insignificant. Part of protecting IP is sueing companies that violate it. If you don't you will lose it.

Same concept of why the NFL sues anybody that illegally uses Superbowl term. They won't rather not but it is the law.

Besides the ones who are more likely to hear about it, is the vocal minority.
 
There is actual people, actual persons, in this thread, defending TPC on this. Wow...

Yup. It blows my mind. I'm not sure if it is naivety or a lack of empathy, but there is always a group of people on gaf who will choose the giant corporation over the individual every damn time.
 
This is the equivalent of driving 6 miles over the speed limit and you get pulled over by an officer and get a speeding ticket. It may be technically within the officer's (TPC) rights, but it's just scummy.

I'm really beginning to dislike TPC.
 
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