Ex-Pokémon Lawyer Spills Cease-and-Desist Secrets: Fans Not Suing

A former legal officer from The Pokémon Company has revealed insights on how they handle fan-made projects, especially regarding cease and desist decisions. Don McGowan, who previously served as the chief legal officer, stated that they do not actively seek out fan projects to issue takedowns but monitor if such projects receive significant funding, for instance through Kickstarter, which might prompt legal action. This approach aims not to immediately stifle fan creativity, as the company is aware of the negative sentiment towards suing fans. However, once a project gains publicity, it can attract the legal team's attention due to potential copyright infringement.

Several fan projects have had to shut down in the past after receiving legal notices from The Pokémon Company. This includes a creation tool for building custom Pokémon games in 2018, the end of the fan game Pokémon Uranium’s support after nine years in 2021, and a viral fan-made Pokémon hunting FPS in 2022. In contrast, when Palworld, a game with similarities to Pokémon, gained public attention, The Pokémon Company issued a generic response about protecting its intellectual property, leading legal experts to speculate that a lawsuit was improbable.

What actions has The Pokémon Company taken against fan-made projects in the past?

In the past, The Pokémon Company has issued takedown notices to fan-made projects that it deems infringe on its intellectual property rights. This includes a fan project creation tool in 2018, the game Pokémon Uranium in 2021, and a Pokémon hunting FPS in 2022.

The Pokémon franchise, created by Satoshi Tajiri and Ken Sugimori, began in 1996 with the release of the video games Pokémon Red and Blue for the Game Boy. The franchise has since become one of the highest-grossing media franchises of all time, encompassing video games, trading card games, an animated TV series, movies, merchandise, and more. Its immense popularity has led to a strong fanbase that sometimes creates unofficial content inspired by the Pokémon universe, which occasionally leads to legal disputes over intellectual property rights.