Intellectual Property Insights from Fishman Stewart PLLC
Newsletter – Volume 24, Issue 23
Share on Social
Pokémon v. Palworld:
Can Pokémon and Pals coexist?
By Gregory Bussell
As fans eagerly await the release of the hit video game Palworld on household consoles, those in Japan may face additional delays due to a recent lawsuit filed by Nintendo against Pocketpair, alleging infringement of a Japanese video game patent.
Palworld is a multiplayer open-world survival game developed by Pocketpair, a Japanese indie studio. The game has garnered attention for its unique combination of creature-collection mechanics—reminiscent of Nintendo’s Pokémon series—with elements of action, crafting, and survival. Players can explore a vast world, capture and befriend creatures known as “Pals,” build bases, farm, and engage in combat using both their Pals and conventional firearms.
Despite these distinctive features, Palworld has drawn comparisons to Pokémon, particularly for its creature-catching mechanics. This similarity is a key reason why the game has attracted legal scrutiny from Nintendo.
This is not the first time Nintendo or The Pokémon Company has taken legal action over intellectual property. In a similar case, The Pokémon Company successfully filed and won a lawsuit in China against entities related to the Palworld game, claiming copyright infringement and violation of the Unfair Competition Prevention Law, with a settlement of approximately $15 million.
Now, Japanese fans of Palworld may experience delays in accessing the game on household consoles following Nintendo’s most recent legal filings, as announced on the company’s website last Thursday.
Nintendo and The Pokémon Company claim that Pocketpair has infringed upon a Japanese patent, speculated to be related to Patent JP7398425B2, titled “Game program, game system, game device, and game processing method,” filed on December 22, 2021. This patent is believed to cover the mechanics of aiming in a virtual space and capturing a field character when an item is released—likely analogous to the act of throwing a Pokéball to capture a Pokémon.
Although some of these mechanics may be present in Palworld, the patent claims will likely face challenges in litigation, either on the grounds of invalidity based on prior Pokémon-related games or as a question of eligible subject matter. The outcome of this lawsuit will set a precedent for how video game patents are interpreted and enforced moving forward.
For now, Japanese fans of Palworld will have to wait and see whether the claims hold up and encompass Palworld or if they will be invalidated, potentially allowing for the game’s release without further legal barriers.
Greg is an Associate with Fishman Stewart PLLC. Intellectual property law became Gregory’s focus due to its unique blend of creativity, innovation, and legal intricacies. Protecting the rights of creators, inventors, and businesses allows him to be at the forefront of promoting progress and innovation in various industries.
Related Content from Fishman Stewart
L.A.B. Golf aims to protect its innovations, and therefore its market position, owning three patents for its zero-torque design. The question now is whether L.A.B. Golf can withstand the wave of copycat designs.
One of his most famous songs, “Lose Yourself” was recently at the center of a lawsuit. In 2019, Eminem’s publishing company Eight Mile Style sued Spotify claiming that Spotify streamed a number of its musical compositions without proper licenses.
Our latest article tackles three common trademark questions: 1. Can I trademark my own name? 2. Can I trademark the name of a fictional character? 3. Can I trademark the name of a U.S. president or British royal?
One of the most common challenges is whether AI should be free to train on data that is protected by copyright and owned by third parties without first obtaining permission.
Like the titles of single creative works, character names do not generate trademark rights unless used for a series of creative works (meaning two or more). A year ago, Jane Wick, LLC filed a trademark application for the mark JANE WICK in logo format.
The U.S. Copyright Office (USCO) recently published its latest report on AI and “copyrightability.” In short, the USCO considers only some AI-generated works to be sufficiently creative as to deserve copyright protection, and thus, registration.
We know that as of June 4, 2024, the United States Patent and Trademark Office (USPTO) had issued more than twelve million patents. We also know that more than 10,000 patents were in existence before the count began.
Back in the 1940’s assignments by independent contractors could be permanent and irrevocable. Things changed in 1976, when Congress overhauled the Copyright Act.
Generally, copyright protects the specific expression of ideas, such as the arrangement and presentation of visual elements, but it does not protect general concepts or styles.
In the age of the internet, memes are a universal language. A meme is a piece of content, typically an image, video, text, or a combination of these, that spreads rapidly across the internet, often with humorous, relatable, or satirical undertones.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
