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NEWS: The Pokémon Company Sues Organizers of Pokémon-Themed Party for Copyright Infringement


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Wandering Samurai



Joined: 30 Mar 2014
Posts: 875
Location: USA
PostPosted: Fri Aug 28, 2015 8:25 pm Reply with quote
Selling tickets using the Pokemon name was the problem. Perhaps if they hadn't used the name at all they might have been able to get away with it, but there seems to be so many things that make anything related to using copyright or trademarked properties likely for trouble.
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leafy sea dragon



Joined: 27 Oct 2009
Posts: 7163
Location: Another Kingdom
PostPosted: Fri Aug 28, 2015 9:45 pm Reply with quote
Mr. Oshawott wrote:
"...Smash Bros. Tournament with cash prize..."

I think this may have been what drove The Pokémon Company to sue the alleged offenders. Those cash prizes could only come from theses sources of its funding: the tickets and the drinks (assuming that they have a price tag on them as well). It also doesn't help that the words "shots and drinks" may be referring to alcoholic beverages, which could make The Pokémon Company indirectly liable for indirectly advertising alcohol to minors.


The other thing is that this is an event that you have to pay to get in. Granted, it's only US$2 per person, but that still takes it out of being a non-profit unless that money is stated publicly to all go to charity.

That's why this event is singled out whereas others aren't.

Asrialys wrote:
If Pokemon was Nintendo's own IP, we'd see it in more Nintendo games. Except for a few puzzles, Pokemon is completely absent from something like Mii Plaza on the 3DS, for example.

Anyway, as one of many organizers for the Pokemon Company International's TCG, I can say that we're not even allowed to make business cards, and may only use approved logos in flyers and other promotional material.


Something people have noted is that, until Super Mario Maker, Pokémon amiibo only gave out generic rewards in any game that wasn't Smash Bros, making the Pokémon line an unusually exclusionary one. Notably, it's the only major IP with amiibo to not have a series-specific racing suit in Mario Kart 8 (not counting Splatoon, but it's too new to call it a major IP yet).

This seems to be a thing with The Pokémon Company. Whereas Nintendo, as a whole, is opening up and being more permissive (like sponsorship for Super Smash Bros. for WIi U at EVO), The Pokémon Company seems to be holing up deeper.

Interesting to hear from a Pokémon TCG tournament organizer. Do you mean that your business cards can't say that you're a tournament organizer?
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Asrialys



Joined: 12 Dec 2006
Posts: 1160
PostPosted: Sat Aug 29, 2015 9:52 am Reply with quote
leafy sea dragon wrote:
Quote:
Anyway, as one of many organizers for the Pokemon Company International's TCG, I can say that we're not even allowed to make business cards, and may only use approved logos in flyers and other promotional material.

Interesting to hear from a Pokémon TCG tournament organizer. Do you mean that your business cards can't say that you're a tournament organizer?

Well, we're volunteers, so they don't want us unintentionally acting like official representatives of Pokemon or its organized play. I reviewed this and misspoke a little. Business cards are allowed, but only using plain text, and they may say our role.


Last edited by Asrialys on Sat Aug 29, 2015 10:11 am; edited 1 time in total
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leafy sea dragon



Joined: 27 Oct 2009
Posts: 7163
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PostPosted: Sat Aug 29, 2015 10:09 am Reply with quote
Oh, they don't want you to go around calling yourselves official representatives, just organizers. That makes sense. Same with the flyers; I'd bet most large companies want to avoid anyone using fanart, for one--they may be private events for the most part, but they're still official events obtained through permission from the parent company, and the fanartist can sue.

(SEGA gets into this kind of trouble all the time. Due to the tremendous amunt of fan-made Sonic characters, whenever they introduce new characters to a Sonic game, they will occasionally wind up coincidentially looking like some fan-character, and SEGA then gets hit with a lawsuit. One game also accidentally used fanart in one location, but it was settled before it went to court.)
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tobeast777



Joined: 22 Oct 2009
Posts: 68
PostPosted: Sat Aug 29, 2015 2:20 pm Reply with quote
Reminder to self, don't make themed party invites on facebook... ever.
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Hameyadea



Joined: 23 Jun 2014
Posts: 3679
PostPosted: Sun Aug 30, 2015 12:11 pm Reply with quote
Like other have mentioned already, it was probably the [non-profit] use that triggered the move, with the inclusion of "shots & drinks" hastening it.
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leafy sea dragon



Joined: 27 Oct 2009
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PostPosted: Sun Aug 30, 2015 12:49 pm Reply with quote
You know, now I'm wondering: What is the stance on fanart at Artists Alley at conventions? Pokémon is consistently among the most drawn IPs at every Artists Alley I know of outside of Japan.
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