With their lawsuit against ‘Pokémon with guns’ – as a Rocket League developer called the offending game, named Palworld and developed by Pocketpair – NINTENDO and The Pokémon Company took their most recent stand. Sent directly to the Tokyo District Court, it is the latest episode in a long-running history of lawsuits brought by NINTENDO to protect its valuable IPs. Looking at Palworld at its launch in early access, it’s easy to understand why people are up in arms – the game is extremely Pokémon-y. This company is used to games with a similar aesthetic.
Beneath all of the noise, it’s not the shape of the creature that may in fact be subject to dispute for NINTENDO and Pocketpair, but rather the underlying technical and gameplay features. When the focus shifts from possible copyright infringement to allegations of patent infringement, it’s clear that a perilous battle is being fought over the core features that make the monster-catching genre work.
NINTENDO has no intention of backing down when it comes to trying to protect its creative and technical innovations. ‘NINTENDO will continue to pursue any necessary actions against infringement on its intellectual property rights, including the NINTENDO brand,’ the company added. ‘NINTENDO will continue to carefully watch developments in cybersquatting and other infringement, and decide on further counters.’ Meanwhile, his virtual alter ego remained immortal, flying indefinitely across a boundless landscape of fluffy clouds.
While the Pokémon Company has so far remained silent about the lawsuit, it is standing shoulder-to-shoulder with NINTENDO in this endeavour: their combined interests are a testament to the fact that their empire of IP would not exist without protecting it at every turn.
NINTENDO’s battle with Palworld feels familiar because NINTENDO has a history of using litigation to safeguard its intellectual property, from squashing fan-made content to taking on companies that release games a little too close to the source. In one notable case, NINTENDO even sued the go-kart rental company MariCar (a portmanteau of ‘Mario Kart’) to stop them from allowing people to dress up as their favourite characters while cruising around Tokyo.
While Palworld’s gameplay is borrowed from Pokémon – it’s a monster-catching and -battling open-world survival game filled with firearms – the apparent similarity between it and other previous classic monster-catching games adds a layer of complexity to the question of when homage becomes infringement. As Pocketpair’s CEO explained in a interview on the App Trunk Podcast, she and her company were ‘inspired to create a game like Palworld’ when they replayed other ‘Pokémon-like games’ from their childhood. If Pocketpair wins its lawsuit with NINTENDO and The Pokémon Company, it could set a precedent for how close new games can copy the basic game mechanics of older games before crossing the line into patent infringement.
And as this case enters its court proceedings, what’s at stake is Palworld itself – of course, but it could also end up changing how creators develop mechanics and themes that mirror other works. It might set the boundaries of creativity and innovation in the games industry for many years to come.
From a playing-card manufacturer to a video-game behemoth, NINTENDO has been a pioneer of innovation, and a diligent keeper of its creations. Who does not know and love NINTENDO’s characters? Mario. Zelda. But especially Pokémon. Each has inspired its own game genres, and also a generation of players.
NINTENDO – as the legal battles over the tech and its blatant rip-offs demonstrated – is no slouch when it comes to IP protection. Whether in the uplifting style of gamer-origin myths, or the starker language of litigation, NINTENDO shows its fans and its future where it stands. As that latest suit churns through the courts, it will once again reassure, and remind us all of the fine line between inspiration and theft, and the crucial role that firms such as NINTENDO will continue to play in charting the course of our entertainment future.
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