Nintendo and The Pokémon Company have filed a significant lawsuit against Tokyo-based developer Pocketpair, the creators behind the popular game Palworld. The legal action, lodged with the Tokyo District Court, accuses Pocketpair of infringing on several patents held by Nintendo and The Pokémon Company. The lawsuit seeks to stop further distribution of Palworld and demands compensation for the alleged infringement.
Details of the Lawsuit
On September 18, 2024, Nintendo and The Pokémon Company jointly filed the lawsuit, arguing that Palworld violates multiple patents they own. Nintendo’s press release emphasized their commitment to protecting their intellectual property, including the iconic Pokémon brand, from misuse. This legal move is drawing attention from the gaming industry and fans alike, raising questions about the nature of intellectual property rights in gaming.
Nintendo’s statement read, “Nintendo will continue to take necessary actions against any infringement of its intellectual property rights, including the Nintendo brand itself, to protect the intellectual properties it has worked hard to establish over the years.”
Pocketpair has expressed surprise at the lawsuit, stating they were unaware of the specific patents in question. The company acknowledged receipt of the legal documents and pledged to investigate the claims.
“We regret that we must now divert resources away from game development to address this lawsuit. However, we remain dedicated to our fans and are committed to supporting indie developers in their creative pursuits,” Pocketpair said in a statement.
CEO Takuro Mizobe had earlier stated that Palworld had undergone thorough legal checks before its release, asserting that Pocketpair had no intention of violating any intellectual property rights.
Palworld quickly became a sensation after its January 2024 release, earning the nickname “Pokémon with guns” for its gameplay that combines creature capturing with firearm mechanics. Players can train creatures known as “Pals” to assist them in the game’s survival and crafting environment. Despite concerns over similarities to Pokémon, the game sold over five million copies within three days of launch.
The game’s unique blend of familiar elements and new features captured significant interest, although the initial excitement has tempered in recent months. Nonetheless, Palworld maintains a loyal player base.
Nintendo’s Intellectual Property Strategy
Nintendo has a long-standing reputation for vigorously defending its intellectual property, particularly the Pokémon franchise, one of its most valuable assets. Historically, Nintendo and The Pokémon Company have taken legal action to prevent unauthorized use of their intellectual properties.
Following Palworld’s success, The Pokémon Company signaled its intent to review the game for potential intellectual property violations. The focus of this lawsuit on patents rather than copyrights suggests that Nintendo believes Palworld includes patented game mechanics or features similar to those in Pokémon games.
The industry reaction to the lawsuit has been mixed. Some legal experts, like attorney Richard Hoeg, question the validity of Nintendo’s claims. Hoeg suggested, “Palworld is such a different type of game from Pokémon, it’s hard to see what patents might have been infringed. It seems like Nintendo might be reaching.”
However, others believe Nintendo’s case has merit, pointing to the similarities between Palworld’s creatures and Pokémon. These visual and gameplay similarities have fueled allegations of imitation.
Implications for Pocketpair and Indie Developers
The lawsuit poses a potential threat to Pocketpair, especially considering their recent partnership with Sony to promote Palworld globally. If Nintendo prevails, Pocketpair could face substantial fines and possibly have to withdraw the game from the market.
The case also highlights challenges for indie developers who draw inspiration from established franchises. Pocketpair’s predicament may serve as a warning for other small developers about the risks of pushing creative boundaries while navigating intellectual property laws.
