In the world of intellectual property, the line between inspiration and infringement is not always easily drawn. While seminal cases have produced a bounty of guiding principles to help creatives delineate between paying homage and plagiarism, every so often a new case arises to challenge these boundaries.
The latest chapter in the inspiration vs. infringement saga centers around game developer Pocketpair’s recent online sensation, "Palworld". The game has taken the internet by storm, making waves in the gaming community and piquing the interest of intellectual property enthusiasts for its potential infringement of Nintendo’s Pokémon franchise.
Palworld is an open world survival game which invites players to “fight, farm, build and work alongside mysterious creatures called Pals” – creatures which many players were quick to notice bear a striking resemblance to many of Nintendo’s Pokémon designs. While many would have assumed that this alone would have been sufficient to provoke the ire of Nintendo, which has developed a reputation for its litigiousness, the similarities do not end there.
In Palworld, Pals are captured using "Pal Spheres", the design and mechanics of which are highly reminiscent of Nintendo’s "Pokéballs". The similarities between the two properties are so strong that some on the internet have been quick to dub Palworld as “Pokémon with guns”.
In response to the outcry, The Pokémon Company (the Nintendo subsidiary which manages the Pokémon IP) announced in January that it had not granted permission for use of its Pokémon IP or assets. The company noted its intention to launch an investigation into the allegations of plagiarism and to “take appropriate measures” if it determined that any of its IP rights had been infringed.
Pocketpair CEO, Takuro Mizobe, posted a response to the plagiarism accusations via X (formerly Twitter), but has not formally denied the allegations at the time of writing this update.
Authors: Arash Rouhi and Roy Friedman, 2023/2024 Articling Student-At-Law
Photo Credit: https://unsplash.com/@bahnijitb
Authors
Expertise
Insights
-
Intellectual Property Litigation
Trademarks Opposition Board Moves to Digital-Only Submission of Confidential Information
As of June 1, 2026, the Trademarks Opposition Board (TMOB) requires all confidential evidence and documentation in proceedings under sections 11.13, 38, or 45 of the Trademarks Act (the “Act”) to be… -
Intellectual Property Litigation
Kansas City Chiefs Stars Sued for Trademark Infringement Over Steakhouse
The sneaker company, 1587 Sneakers, is reportedly suing Kansas City Chiefs players, Patrick Mahomes and Travis Kelce, along with their restaurant partners, for trademark infringement.1587 Sneakers… -
Intellectual Property Litigation
A Pecking Order Problem: Pudgy Penguins Faces Penguin Trademark Lawsuit
As reported by Bloomberg Law News, PEI Licensing (“PEI”), the owner of the Penguin apparel brand, has sued Pudgy Penguins NFT (“Pudgy Penguins”) for trademark infringement.Pudgy Penguins started as a… -
Intellectual Property Litigation
Old Brand, New Problems? Nike’s Attempt to Revive “Total 90” Soccer Cleats
Nike is reportedly attempting to revive its classic “Total 90” soccer cleat line, but has encountered an unexpected setback. Total90, LLC has reportedly asserted that Nike is infringing its… -
Intellectual Property Litigation
A Swing and a Miss: The “All Rise” Trademark Attempt
As reported by Bloomberg, attempts to register marks covering the phrases “All Rise” and “Here Comes the Judge” were rejected by the U.S. Court of Appeals for the Federal Circuit. In… -
Intellectual Property Litigation
Hershey’s Kisses Go to Court – Federal Court of Appeal Decision in PIM Brands Inc. v. Hershey Chocolate & Confectionery LLC
The Federal Court of Appeal’s recent decision in Promotion in Motion, Inc. (PIM Brands, Inc.) v. Hershey Chocolate & Confectionery LLC offers fresh guidance on how courts evaluate survey evidence…