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Nintendo Sues Palworld Creators for Alleged Patent Infringement: “Pokémon with Guns” Under Fire

19 September, 2024 - 12:24PM
Nintendo Sues Palworld Creators for Alleged Patent Infringement: “Pokémon with Guns” Under Fire
Credit: clutchpoints.com

Dubbed “Pokemon with guns” by many before it officially launched earlier this year, Palworld was a game that piqued the interest of a lot of gamers. It also piqued the interest of The Pokémon Company, which announced that it would be investigating the game and its creator Pocketpair in January of this year.

Now several months later, both Nintendo and The Pokémon Company have formally announced that a lawsuit has been filed against the Palworld creator.

While the full details of the lawsuit have not been shared, a summary published by Nintendo on its press site notes that Pocketpair, Inc. has infringed “multiple patent rights” in the creation of the game.

“Nintendo Co., Ltd. (HQ: Kyoto, Minami-ku, Japan; Representative Director and President: Shuntaro Furukawa, ‘Nintendo’ hereafter), together with The Pokémon Company, filed a patent infringement lawsuit in the Tokyo District Court against Pocketpair, Inc. (HQ: 2-10-2 Higashigotanda, Shinagawa-ku, Tokyo, ‘Defendant”’ hereafter) on September 18, 2024,” a statement from Nintendo published this week reads.

“This lawsuit seeks an injunction against infringement and compensation for damages on the grounds that Palworld, a game developed and released by the Defendant, infringes multiple patent rights. 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,” it continued.

It remains to be seen what the fate of Palworld will be, or whether courts will indeed find there to be enough grounds to sue Pocketpair, as Engadget cites, the company’s CEO Takuro Mizobe claims that the game has “cleared legal reviews”.

Either way it will be interesting to see whether Pocketpair is found to be guilty of any wrongdoing, especially given how litigious Nintendo and The Pokémon Company are about their IPs.

The Case Against Pocketpair

Nintendo and The Pokemon Company have filed a patent infringement lawsuit against the producer of hit survival adventure game “Palworld”, the companies said on Thursday.

The lawsuit, filed with the Tokyo District Court on Wednesday, seeks an injunction and compensation for damages on the grounds that the game, produced and released by Tokyo-based Pocketpair Inc, infringes multiple patent rights.

Palworld, dubbed “Pokemon with guns”, became a breakout hit with more than 25 million players within a month of its release in mid-January. In the game, players can use guns to capture and train cute creatures known as “pals”.

Pocketpair representatives did not respond immediately to a request for comment.

The Pokemon Company said in January it would investigate and take action over any infringement of intellectual property rights.

Pocketpair in July announced the establishment of a joint venture company, Palworld Entertainment Inc, in collaboration with Sony Music Entertainment and Aniplex Inc to promote the licensing business of Palworld globally.

Nintendo's Strong Stance

“Palworld,” a survival-strategy game known colloquially as “Pokémon With Guns,” is the target of a patent-infringement lawsuit filed by Nintendo and the Pokémon Co.

Nintendo said the lawsuit against Pocketpair, the company behind “Palworld,” was filed Sept. 18 in Tokyo District Court. The lawsuit seeks an injunction against the alleged infringement and compensation for damages “on the grounds that ‘Palworld,’ a game developed and released by the Defendant, infringes multiple patent rights,” according to Nintendo.

“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,” the company said in a statement Thursday.

“Palworld” was released in January 2024 and quickly became a hit. On its website, Tokyo-based Pocketpair says, “Palworld is home to over 100 unique Pals, each equipped with a diverse set of skills to enhance the player’s adventure. Along your journey, you will also encounter formidable boss Pals that pose a challenge even for the most seasoned Pal tamers. Naturally, these boss Pals are also capturable.”

Pocketpair's Response

Responding to the Nintendo/Pokémon Co. lawsuit, Pocketpair said that it has “received notice of this lawsuit and will begin the appropriate legal proceedings and investigations into the claims of patent infringement.”

“At this moment, we are unaware of the specific patents we are accused of infringing upon, and we have not been notified of such details,” Pocketpair said in its statement. “Our goal as a company has always been to create fun games. We will continue to pursue this goal because we know that our games bring joy to millions of gamers around the world.”

Pocketpair continued, “It is truly unfortunate that we will be forced to allocate significant time to matters unrelated to game development due to this lawsuit. However, we will do our utmost for our fans, and to ensure that indie game developers are not hindered or discouraged from pursuing their creative ideas.”

The Aftermath: A Game of IP Rights

Nintendo Co. filed a patent infringement lawsuit against Tokyo-based Pocketpair Inc., the maker of hit game Palworld, seeking an injunction and compensation for damages.

The case, brought together with affiliate Pokémon Co., was submitted to the Tokyo District Court on Wednesday, Nintendo said in a statement the following day. Nintendo did not detail the scale of the relief it seeks. Pocketpair responded by saying it is “unaware of the specific patents we are accused of infringing” and will investigate the infringement claims.

Palworld was an instant success upon its debut in January, raising the profile of its creator Pocketpair and earning the moniker “Pokémon with guns” among fans, who saw similarities between the fantastical monsters in the game and those in Nintendo’s famed franchise. Patent protection in software typically covers elements of the user experience — rather than the look of characters — and Nintendo may have found gameplay mechanics that it believes infringe on its rights.

“Nintendo filing this lawsuit for patent infringement, not copyright violation, means it has given up making the case that Palworld’s characters are similar to Pokémon’s,” said Toyo Securities analyst Hideki Yasuda. “But it shows Nintendo has more ways to stop games it doesn’t like. The company owns a lot of patents related to basic game mechanics that are used in many titles available today.”

The lawsuit came as a surprise after Nintendo and Pokémon Co. had remained largely silent on the issue for months, though Pokémon Co. had warned that it hasn’t approved any use of its IP for Palworld and would take action if necessary. The game got full-fledged support from Microsoft Corp. in its initial distribution and Pocketpair also teamed up with Sony Group Corp. to sell related merchandise.

The Future of Palworld

It is unclear how this legal battle will impact the future of Palworld, but it highlights the importance of intellectual property rights and the potential consequences of infringement, particularly for smaller indie developers. With the lawsuit, Nintendo has taken a strong stance against what it sees as a violation of its intellectual property. It will be interesting to see how the case unfolds and what implications it holds for the gaming industry moving forward. Whether Pocketpair is found guilty of any wrongdoing or not, the case certainly serves as a cautionary tale for any game developer aiming to draw inspiration from successful franchises. As Pocketpair works to resolve the legal situation, the fate of Palworld remains uncertain. One thing is clear: the gaming industry is constantly evolving, and these legal battles will likely continue to shape its landscape.

Nintendo Sues Palworld Creators for Alleged Patent Infringement: “Pokémon with Guns” Under Fire
Credit: themarysue.com
Nintendo Sues Palworld Creators for Alleged Patent Infringement: “Pokémon with Guns” Under Fire
Credit: gamespot.com
Tags:
Palworld Nintendo Pokemon Palworld lawsuit patent infringement
Hans Müller
Hans Müller

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