There would actually be good reasons for The Pokemon Company not to pursue legal action even if Pocketpair is proven to have ripped them off.
The Pokemon Company has finally made a public statement about Palworld, but without referring to it by name.
In a statement on their official website, The Pokemon Company said this:
“Inquiries Regarding Other Companies’ Games
We have received many inquiries regarding another company’s game released in January 2024. We have not granted any permission for the use of Pokémon intellectual property or assets in that game. We intend to investigate and take appropriate measures to address any acts that infringe on intellectual property rights related to the Pokémon. We will continue to cherish and nurture each and every Pokémon and its world, and work to bring the world together through Pokémon in the future.
The Pokémon Company”
As we had previously reported, the potential IP right violations are obviously not about Palworld being a monster collecting game, like Pokemon. That genre has long been established in the West and Japan. Contemporaries like Digimon, newer titles like Temtem and Cassette Beasts, and even the Nintendo-published Fossil Fighters stand as proof that there is no issue with making other games like Pokemon.
The issue is the resemblance of many characters in Palworld to recognizable characters in Pokemon. Multiple threads pointing to these similarities can be found on Twitter. In this case, we will link to a Siliconera comparison of their characters, as they point out that there is even a case for Pocketpair copying designs owned by Square Enix and Studio Ghibli.
Now, what’s interesting here is that The Pokemon Company did not name the game Palworld, or its company Pocketpair. Why is that?
As contradictory as it sounds, it may be that Nintendo and The Pokemon Company aren’t particularly eager to take legal action against Pocketpair. On one end, these are all Japanese companies, and Nintendo’s corporate culture is actually supportive of their colleagues in the industry. It may even be possible for Palworld to be published on Nintendo platforms in the future.
Alternately, Nintendo and The Pokemon Company may decide that it wouldn’t be worthwhile to bring legal action against the game, even if they had a case. Legal action is costly for both parties. Pocketpair would have to have committed infringement at such a level that there would be real consumer or public confusion between both company’s products and properties.
But we think there is a more likely scenario than The Pokemon Company taking Pocketpair to court. Over a decade ago, Nintendo went after mobile game Era’s Adventure, because of the playable character’s clear resemblance to Nintendo’s Yoshi. Nintendo did not force the developer to cancel the game. Instead, he was instructed to make changes to playable character Era, down to his color and removing his shell, so that he would pass the rules to no longer infringe on Nintendo’s trademark.
With this statement we now know that The Pokemon Company is investigating these allegations, and they will make their own decisions if they will take any actions, and how those actions will take form.
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