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NEWS: The Pokémon Company Demands US$4,000 From Party Planner to Settle Lawsuit


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Greed1914



Joined: 28 Oct 2007
Posts: 4478
PostPosted: Tue Oct 06, 2015 11:24 am Reply with quote
Nosehair wrote:
The article seems biased, making it seem like big bad TPCi is picking on a poor fan, but in reality he is a repeat offender, for four years he has used the pokemon name to profit for himself with products that go against TPCi's image. Has TPCi asked him to c&d before? $4,000 is nothing for the company, why 4k exactly? 1k for each previous offense. He reports that he was at a loss with ticket sales and prizes, but he didn't mention projected earnings from the main event itself. You guys are underestimating how much you can make in a single night with alcohol alone. The guy could easily make a few grand even if only a couple hundred people showed up. Look at the picture, the guy is trying so hard to look like a victim, but he's a schemer and smeared the pokemon name with sex and alcohol for his own profit. TPCi doesnt want money from him, they just really don't want pikachu being used as a sex symbol. the 4k is just to get him to stop permanently. If he tries this again next year, I'm sure TPCi will ask for double.
Also, using a crowdfunding site to pay off a lawsuit sounds so wrong, there should be a law against that.


I have to agree with this. It is easy to mistake things like this as a corporation picking on the little guy, or going after a fan. but that approach misses certain important concepts. For instance, how many times are they expected to let something like this slide? Intellectual property rights are heavily dependent on the rights holder actually protecting its own property. $4,000 for legal fees is actually not too bad considering TCPi is only looking to recover the cost of protecting its own property. I could see a fan throwing a themed party for their own guests, but considering that he made a business of these parties, it goes beyond the actions of a fan.

And I completely share your sentiment about using crowd funding to pay his settlement. This isn't some charity case, or even some sort of business opportunity, it is somebody that thought he could use someone else's property in an effort to make money for himself without so much as asking permission. Normally, the idea is that we are each supposed to face the consequences of our actions. Getting a bunch of strangers to help share those consequences seems to go against that.

Also, he is mistaken if he believes that operating the event at a loss somehow would make it ok. The fact that he was probably going to lose money is just how the circumstances played out. The idea was to hold the event and turn a profit.
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dtm42



Joined: 05 Feb 2008
Posts: 14084
Location: currently stalking my waifu
PostPosted: Tue Oct 06, 2015 12:45 pm Reply with quote
^
On what planet is four thousand American dollars to send a simple C&D letter considered reasonable? There's no way any lawyer could justify that cost for what is basically fifteen minutes of a paralegal's time.

In New Zealand for example, even QCs - the cream of the crop, the most senior, experienced and reputable lawyers one can hire in this country - only charge a thousand an hour, and that's in our much weaker currency.
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Adamanto



Joined: 07 Aug 2011
Posts: 150
PostPosted: Tue Oct 06, 2015 12:46 pm Reply with quote
Foxaika wrote:

I think by profit he means coming out with more money than he started. According to him, he is throwing this party at a loss. The tickets are supposedly to cover some of the party costs. I think that is what Somer is getting at.

Edit: *was throwing the party at a loss.


"Operating at a loss because he throws all his profit on free gifts to give out to random partygoers" is not the same as "not profiting" in the slightest.
He also conveniently neglects to mention the fact that he was definitely not giving his alcoholic drinks away for free at this 2$ entry fee party.
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Alan45
Village Elder



Joined: 25 Aug 2010
Posts: 9877
Location: Virginia
PostPosted: Tue Oct 06, 2015 1:12 pm Reply with quote
@dtm42

However as has been mentioned above, they didn't send just one C&D letter. They sent multiple that they did not charge for and he ignored. Also I'm sure that 15 minutes of a clerks time is billed as a whole hour by the lawyer whose signature is on the letter. With an additional charge for each occasion.

I suspect they looked at his circumstance and chose $4000 as an amount that would hurt enough to cause him to stop. It will probably work as I doubt he can get the charge crowd funded a second time.
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Foxaika



Joined: 28 Apr 2015
Posts: 365
Location: Columbus, Ohio
PostPosted: Tue Oct 06, 2015 1:38 pm Reply with quote
Adamanto wrote:

"Operating at a loss because he throws all his profit on free gifts to give out to random partygoers" is not the same as "not profiting" in the slightest.
He also conveniently neglects to mention the fact that he was definitely not giving his alcoholic drinks away for free at this 2$ entry fee party.


I don't disagree with you, really(that while he didn't profit from it, he did take in revenue for other purposes). I was just clarifying the point of another that I thought was confused. I wasn't making a point myself.
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leafy sea dragon



Joined: 27 Oct 2009
Posts: 7163
Location: Another Kingdom
PostPosted: Tue Oct 06, 2015 4:11 pm Reply with quote
Dessa wrote:
With Pokemon, yes, it's well known, but no one uses the term for anything other than Pokemon. The best anime/Japanese-culture-related hypothetical situations I can think up would be if other people started using "Gundam" or "Zord" for their giant mechs, and Sunrise or Saban/Disney (depending on the era) didn't go after them about it. Once the words became common lexicon (and ruled on by a judge as such) for any giant mech, the company wouldn't be able to go after anyone using that.


I think the closest there's ever been is the phrase "Power Rangers" applied to all Japanese-style costumed heroes, though that's probably because Power Rangers is the only franchise that ever went mainstream in the US.

On the other hand, Nintendo itself has been under threat of trademark erosion because, for a while, the word "Nintendo" was used to refer to any game system. It seems to have gone away with the PlayStation line, and now every game system manufacturer strongly emphasizes their system's name in their marketing.

Nosehair wrote:
You guys are underestimating how much you can make in a single night with alcohol alone. The guy could easily make a few grand even if only a couple hundred people showed up.


Now I wonder: Does he have a liquor license?

Greed1914 wrote:
And I completely share your sentiment about using crowd funding to pay his settlement. This isn't some charity case, or even some sort of business opportunity, it is somebody that thought he could use someone else's property in an effort to make money for himself without so much as asking permission. Normally, the idea is that we are each supposed to face the consequences of our actions. Getting a bunch of strangers to help share those consequences seems to go against that.

Also, he is mistaken if he believes that operating the event at a loss somehow would make it ok. The fact that he was probably going to lose money is just how the circumstances played out. The idea was to hold the event and turn a profit.


From my perspective, the crowdfunding campaign looks like a sort of anti-TCPi grassroots movement, as much to pay for the legal fees as it is to proclaim, "Look at all the support I have! I'm a little guy standing up to The Man, and all these people are on my side!"

Thinking operating at a loss makes everything okay makes me think of Kevin Kulek, who got approval from 20th Century Fox to make Predator merchandise under the idea that his organization is "non-profit." (He had an overly literal idea of what a non-profit organization is.) He was then slammed with a C&D from 20th Century Fox and the project was discontinued shortly after (though not immediately, as Kulek also had an overly literal interpretation of the C&D.)

I forget if Fox had charged Kulek with more fees on top of the C&D, but he is now pretty much a persona non grata. No existing manufacturer wants to be associated with him anymore. Makes me wonder what the future of this guy who threw these Pokémon parties will be. On the one hand, his reputation will be mud among some people. On the other hand, he is currently trying to spin the story as one of a greedy big corporation against the small everyday man (something Kulek never attempted, as he thought Fox was on his side, even after the C&D).
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