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NEWS: The Pokémon Company Sues Organizers of Pokémon-Themed Party for Copyright Infringement


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Carlooo



Joined: 10 Apr 2008
Posts: 58
PostPosted: Fri Aug 28, 2015 6:34 am Reply with quote
I would be interesting in this "AMAZIN POKEMON MASHUP."
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Blackiris_



Joined: 06 Sep 2013
Posts: 535
PostPosted: Fri Aug 28, 2015 6:55 am Reply with quote
I can see why they are bothered by this, but it still leaves a bitter taste in my mouth if a company sues small people or events with no big relevance. They even wrote the event is unofficial, and I assume there are dozens or hundreds of similar events going on every year around the world.

I don't think there's any "damage" for the Pokémon brand if small-scale unofficial events like these take place.
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Mr. Oshawott



Joined: 12 Mar 2012
Posts: 6773
PostPosted: Fri Aug 28, 2015 7:33 am Reply with quote
"...Smash Bros. Tournament with cash prize..."

I think this may have been what drove The Pokémon Company to sue the alleged offenders. Those cash prizes could only come from theses sources of its funding: the tickets and the drinks (assuming that they have a price tag on them as well). It also doesn't help that the words "shots and drinks" may be referring to alcoholic beverages, which could make The Pokémon Company indirectly liable for indirectly advertising alcohol to minors.
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Kadmos1



Joined: 08 May 2014
Posts: 13567
Location: In Phoenix but has an 85308 ZIP
PostPosted: Fri Aug 28, 2015 7:44 am Reply with quote
Sheesh, you think the ambiguous definition of fair use could cover this. At least this wasn't Disney because they are very aggressive for keeping their copyrights.
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Amiantos



Joined: 30 Jan 2008
Posts: 343
PostPosted: Fri Aug 28, 2015 8:31 am Reply with quote
The parent company of course is nintendo which we all know aren't the most up to date when it comes to the modern world. Disappointing to see this happen to those people but honestly should have seen it coming.
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DerekL1963
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Joined: 14 Jan 2015
Posts: 1116
Location: Puget Sound
PostPosted: Fri Aug 28, 2015 8:48 am Reply with quote
Kadmos1 wrote:
Sheesh, you think the ambiguous definition of fair use could cover this.


Once they start accepting money (selling tickets) and handing out money (giving away cash prizes) - they start losing the protection of one of the key provision of Fair Use, that it be non commercial and educational. They've also dropped any pretense of using the material for "purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research", which moves them out of the ambiguous area and much closer to Thou Shalt Not territory.

Fair Use is indeed ambiguous, deliberately so, but that doesn't mean there aren't some fairly bright lines that one would be wise not to cross. It isn't, as many seem to think, a Get Out Of Jail Free card.
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Unknowname



Joined: 16 Jul 2015
Posts: 3
PostPosted: Fri Aug 28, 2015 9:02 am Reply with quote
Gotta catch them all
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Mr. Oshawott



Joined: 12 Mar 2012
Posts: 6773
PostPosted: Fri Aug 28, 2015 9:03 am Reply with quote
Amiantos wrote:
The parent company of course is nintendo which we all know aren't the most up to date when it comes to the modern world.

I don't see how Nintendo had anything to do with The Pokémon Company suing these suspected copyright violators...
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Asrialys



Joined: 12 Dec 2006
Posts: 1162
PostPosted: Fri Aug 28, 2015 10:04 am Reply with quote
Mr. Oshawott wrote:
Amiantos wrote:
The parent company of course is nintendo which we all know aren't the most up to date when it comes to the modern world.

I don't see how Nintendo had anything to do with The Pokémon Company suing these suspected copyright violators...

Right. They're separate. Unless something's changed, Pokemon is owned by Nintendo, The Pokemon Company, and Game Freak.

If Pokemon was Nintendo's own IP, we'd see it in more Nintendo games. Except for a few puzzles, Pokemon is completely absent from something like Mii Plaza on the 3DS, for example.

Anyway, as one of many organizers for the Pokemon Company International's TCG, I can say that we're not even allowed to make business cards, and may only use approved logos in flyers and other promotional material.
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Actar



Joined: 21 Nov 2010
Posts: 1074
Location: Singapore
PostPosted: Fri Aug 28, 2015 11:53 am Reply with quote
Oh dear... Think of all the kids who are going to get sued for having a Pokemon-themed birthday party! The humanity!
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Felicity dash





PostPosted: Fri Aug 28, 2015 12:01 pm Reply with quote
Got a question that's somewhat not related to this forum, but did Pokèmon ever sue PETA?
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Dessa



Joined: 14 Jul 2004
Posts: 4438
PostPosted: Fri Aug 28, 2015 12:34 pm Reply with quote
Actar wrote:
Oh dear... Think of all the kids who are going to get sued for having a Pokemon-themed birthday party! The humanity!


This wasn't a harmless event like a birthday party would be. They were making money off of tickets, and offering cash prizes for their tournament. They were using Pokemon explicitly in their advertising to get people to come. It's completely different.

It's along the same lines of Square and the replica game weapons. As long as you're just making it for yourself, for fun or for cosplay, it's fine. But the moment you start selling them for profit, you run afoul of copyright infringement.
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enurtsol



Joined: 01 May 2007
Posts: 14790
PostPosted: Fri Aug 28, 2015 2:50 pm Reply with quote
Have the party, just don't use any Pokemon trademarks and copyrighted images
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Lostlorn Forest



Joined: 03 Apr 2014
Posts: 544
Location: USA
PostPosted: Fri Aug 28, 2015 3:34 pm Reply with quote
The party itself sounds dreadful. Why would I want to go to an unofficial Pokemon-themed event surrounded by strangers. Ew.
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yuna49



Joined: 27 Aug 2008
Posts: 3804
PostPosted: Fri Aug 28, 2015 3:56 pm Reply with quote
Actar wrote:
Oh dear... Think of all the kids who are going to get sued for having a Pokemon-themed birthday party! The humanity!


If you have a Pokemon-themed birthday party, you're likely to have bought licensed merchandise like plates and napkins with Pikachu on them. A private birthday party also isn't a commercial enterprise like the activity described in the article here.
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