Businesses infringing on the Pokémon Trademark

Over the past year, more and more companies have started a Pokémon related business whether it’s a LGS’, RipNShip or YouTube channel. A large percentage of these have used Pokémon assets in their logos and even the name Pokémon in their business name.

Have Pokémon ever taken action against small businesses blatantly infringing on their trademark?

I can’t help think that if Pokémon was an American or European IP this would be clamped down upon. For instance; Disney wouldn’t allow it.

I believe roughly 2 years ago Pokémon attempted to take down usernames with “Poke” in the title. Have there been any other instances?

I know that for LGS’ to hold pre-release and Pokémon endorsed events they must have no infringements on the Pokémon IP. Do any of these “infringers” ever get through? Are there even repercussions for businesses ripping off the Pokémon branding?

What’s your experiences and thoughts on this?

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I would have said the exact same things you already observed. The two main things I experienced were stores rebranding to remove “poke” or “pokemon” from their name and the renaming of a lot of Instagram accounts I followed in the same fashion (although extending beyond just “Pokémon” or “Poké” onto sometimes also names of individual Pokémon).

My personal noob take. I always have the feeling that as long as it is in line with how Nintendo wants Pokemon to be portrayed then you are spared from the banhammer. I think everyone knows how petty Nintendo can be and if they want to they will make sure you get sued.

For YouTubers I am not sure if a disclaimer in the video description is enough that Nintendo owns the IP etc etc. and the worst thing in that case is a DMCA first as per the YT Copyright policy yes?

As for LGS maybe they are too local or small for Nintendo to notice. All this is just my personal take but I am sure there is a more nuanced answer to these questions.

Cheers!

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Before Collect A Con, it was called Poke Con. There were advertisements and t-shirts made. It was then suddenly changed.

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If you get big enough, they’ll notice. They don’t care about random small IG users or shops, but if you grow too large or anything comes to their attention that they don’t like, they will use the IP as a sledgehammer. Thus Pokecon changes to Collect a Con, The Charizard Authority changes to TCA Gaming, misplaced usage of a regionals logo on a disapproved event turns into a threat to sue…and so forth.

There was never any evidence that Pokemon tried to take down people with “Poke” in their IG name, that just became a common narrative thread on IG at the time because people were experiencing unexplained bans. However, that was happening to a lot of accounts and not just Pokemon.

There are a large amount of businesses built off the Pokemon IP, and it’s honestly not in Pokemon’s best interest to kill them all. However, some of the more shady products I could absolutely see getting a cease and desist. Things like mystery boxes, raffles, or anyone with an unsavory personality who gives Pokemon a bad image.

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Are you worried that perhaps some day a certain online forum of pokemon enthusiasts might fall into the searing gaze of The Pokemon Company International?

:worried:

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they couldnt do anything/ wouldnt do anything to E4

pokemon showdown is the most blatant example of treading those waters. im sure they’d like to create their own site and monetize it, but users arent guaranteed to switch and it would cost a ton of maintenance and negative publicity.

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I was also going to mention collectacon and TCA Gaming.

Consider at this moment too that Nintendo has a major challenge from a Sony affiliate, Palworld. In Japan, copyright and trademark law is a little different than in international courts, and not all countries treat infringement the same way. Interestingly, in Japan, palworld has limitations on its release… almost like they don’t want to poke the bear.

We may see, as Nintendo’s golden goose is threatened, that they more aggressively challenge potential infringement on their master IP. Remember, that in many jurisdictions, trademark and copyright must be defended in order for future suits to be upheld. If a certain IP such as a trademark is not used or defended sufficiently for years, and then suddenly the original owner decides to sue, it may be considered abandoned. Now I don’t see how this could POSSIbly be the case for PkMn, but like I said, it’s Nintendo’s golden goose…

addition:
It’s more about the use and commoditization of the IP, and not the relation to the IP that matters. There is nothing they can do to stop people talking online about pokemon, and we do not do anything here like share pirated, hacked, or oringal PkMn games, which would lure TPC’s crosshairs. It’s more likely that regulation from the governmental powers that be would force a “change of venue” for fanbases and communities under copyright law… (staying away from any more politics here, though if you don’t mess with politics, it will STILL mess with you) Which is also HIGHLY unlikely because the internet has no physical borders.

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