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
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… -
Intellectual Property Litigation
CIPO Explores Fast-Tracking Patents for Innovation in Priority Sectors
Industry Minister Mélanie Joly is reportedly evaluating a proposal from the Canadian Intellectual Property Office (“CIPO”) that would accelerate patent applications in artificial intelligence… -
Intellectual Property Litigation
Rock History and Copyright: The Show Goes On
Veteran rock photographer, Neil Zlozower, reportedly sued the Rock & Roll Hall of Fame for allegedly using his copyrighted images of Eddie Van Halen in its museum exhibits without his permission… -
Intellectual Property Litigation
Patent Reinstatement Throws “Glory” Cherries in the Pits
The U.S. District Court for the Eastern District of Washington (“District Court”) reportedly reinstated the Canadian government’s patent for the “Staccato” cherry, developed by Agriculture and… -
Intellectual Property Litigation
Sportswear Brand Sues University Over Similarities in Merchandise
As reported by the Associated Press, Columbia Sportswear has sued Columbia University, claiming that the university infringed the sportswear company’s trademark and breached an agreement between the… -
Intellectual Property Litigation
Call Dropped: Verizon Cuts Deal in $175M Patent Clash
Verizon and Headwater Research LLC have reportedly agreed to settle a patent infringement lawsuit that ended with a $175 million USD jury verdict against the telecom giant. Headwater, a…