The Pokémon Company issued a statement today addressing inquiries regarding a recently released game, though not mentioning it by name. The statement clarifies that they have not authorized the use of any Pokémon intellectual property or assets in the game, which has drawn comparisons to the Pokémon franchise.
The Pokémon Company acknowledged receiving numerous customer inquiries about the unnamed game, released in January 2024. While the statement does not explicitly name the game in question, it is widely understood to be referring to Palworld, an indie monster-collecting game that has gained significant popularity since its Early Access release on Steam. Palworld features creatures with designs and gameplay mechanics resembling Pokémon, leading to accusations of plagiarism from some players and speculation about a potential Pokémon Company connection.
The Pokémon Company“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.”
Many people don’t understand that you can’t sue for similarity. Pokémon doesn’t own monster capturing as a genre. They don’t own spheres that capture things, either. Even the Pals have to be undoubtedly copied, which means looking exactly like a Pokémon and having the same powers as the Pokémon they claim to copy. It’s why Pokémon likely hasn’t been sued; looking similar to something is not the same as copying it in the eyes of the law.
It sounds silly, but this has already been tried when another game pretty much ripped off the sprites of Street Fighter, but they lost because you have to prove definitively that it is a copy. As a result of a 1994 lawsuit regarding similarities between Data East’s Fighter’s History and Capcom’s Street Fighter II, it was established that similarities weren’t enough; they had to be identical. The suable parts also have to be things that aren’t commonplace in that genre.
The Pokémon Company’s statement clarifies their stance on the matter, indicating that they are aware of the similarities and are taking steps to address any potential intellectual property infringement. However, the statement does not provide specifics about the nature of the investigation or what actions may be taken.
We’ll have to see what happens in the future, but the statement is likely just to keep people from trying to be sleuths and represent Nintendo. Libel is also a suable offense, and Nintendo probably doesn’t want to be seen encouraging others to say this about Palworld because that damages the brand.
