# [UPDATE] The Pokémon Company sues fan for Copyright Infringement, demands $4,000 in damages



## Vipera (Oct 6, 2015)

You might remember The Pokémon Company suing fans for hosting an unauthorized Pokémon event to mark the kickoff PAX Prime convention, due to Pikachu and Snivy appearing on the poster promoting the event. It was immediately cancelled, but now it has been ruled that The Pokémon Company is entitled to $4000 in damages. Larkin Jones, the host of the unauthorized event, had this to say:

"I can't pay it. I manage a cafe, and cost of living is super expensive in Seattle. I am hoping I can try to pay it over the course of a year, because I simply want to be done with it."

But The Pokémon Company has denied his appeal of a payment plan and has 40 days to come up with the money. He set up a Gofundme campaign which has already reached the goal in a matter of hours.


Source


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## Madridi (Oct 6, 2015)

Seriously, the Pokemon company are just dickheads, whether it's their IP that was used shouldn't have caused this hostile response from the company. A C/D would've been sufficient. What's $4000 to them? And they go as far as denying him a payment plan?

Yeah, he charged $2 a head to cover expenses. I am sure he came out on the negative side in the end, but I just can't believe they took it this far. After all, it's a fan event party. In the end, it would earn them positive publicity points.

Eat shit Pokemon company. I am glad it worked well for the guy who was sued. Props to community for the donations.


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## Selim873 (Oct 6, 2015)

Whether he HOPES to be able to give $4k in a year or is forced to cough up that much in 40 days, the company is still gonna get the money.  Talk about hopeless greed.


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## Lycan911 (Oct 6, 2015)

What a nice way to be a dick to biggest fans of your work.


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## VinsCool (Oct 6, 2015)

how strange they doesn't bother about nsfw artworks I can find everywhere...


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## WiiUBricker (Oct 6, 2015)

Here is the follow up of this story: http://www.nintendolife.com/news/20...lement_in_lawsuit_over_copyright_infringement


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## Wekker (Oct 6, 2015)

I am glad i support them with Gateway3DS


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## mgrev (Oct 6, 2015)

bloody moneywhores


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## pokemoner2500 (Oct 6, 2015)

Wekker said:


> I am glad i support them with Gateway3DS


Pfttt, gateway, *uses RXTools* (BTW I have a gateway to, just joking around)


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## Margen67 (Oct 6, 2015)

Wekker said:


> I am glad i support them with Gateway3DS


But then how will your 3DS be stable? /s

also


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## mgrev (Oct 6, 2015)

pokemoner2500 said:


> Pfttt, gateway, *uses RXTools* (BTW I have a gateway to, just joking around)


i used to use rxtools+ pbt, but i managed to brick my 3ds, then i broke the mobo(because the tip of my soldering iron is way too thick), then i got a new mobo from my friend with 9.8(because of a broken connector for the touch screen in attempt of repairing a broken lower screen) then managing to make som crappy repair for that, and THEN, after i was not allowed to trade my old iphone 4 for my brother's 3ds system with 4.5 (he has a 3ds and 3dsxl, and never touches the normal one) sooo.... im kinda screwed


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## the_randomizer (Oct 6, 2015)

What a bunch of butthurt douches.


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## RodrigoDavy (Oct 6, 2015)

From what I read it's not as if he was just a Pokemon fan. He is the owner of a cafe and was throwing a Pokémon theme party in his cafe. How much he charged for the event doesn't matter, even if the event was free, using the Pokémon IP is a way to maximize profit by attracting more customers. I do think the Pokémon Company could have ignored this, but I don't think they are wrong doing what they did. Frankly, owners of commercials establishments should know better than using random IPs to attract customers


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## mgrev (Oct 6, 2015)

RodrigoDavy said:


> From what I read it's not as if he was just a Pokemon fan. He is the owner of a cafe and was throwing a Pokémon theme party in his cafe. How much he charged for the event doesn't matter, even if the event was free, using the Pokémon IP is a way to maximize profit by attracting more customers. I do think the Pokémon Company could have ignored this, but I don't think they are wrong doing what they did. Frankly, owners of commercials establishments should know better than using random IPs to attract customers


actually you are quite right there, but only if there was a theme party to atract more customers


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## Vipera (Oct 6, 2015)

VinsCool said:


> how strange they doesn't bother about nsfw artworks I can find everywhere...


...please don't give them ideas.


RodrigoDavy said:


> From what I read it's not as if he was just a Pokemon fan. He is the owner of a cafe and was throwing a Pokémon theme party in his cafe. How much he charged for the event doesn't matter, even if the event was free, using the Pokémon IP is a way to maximize profit by attracting more customers. I do think the Pokémon Company could have ignored this, but I don't think they are wrong doing what they did. Frankly, owners of commercials establishments should know better than using random IPs to attract customers


I'm of the same opinion. If you are going to charge using someone else's copyrighted work, you must ask permission. Anything Nintendo related has been pretty lenient towards fan work that didn't ask for money.

However... suing him directly? Why not a C&D letter first? Also, he cancelled the event immediately, so why pursuing the charges? All you are going to do is to look like a greedy fuck, no better than the person who infringed your copyright for profit.


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## KingVamp (Oct 6, 2015)

A C/D should have been enough and they would have been in the right. No way this equals $4000 in damages. This is just to scare people.


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## Edgarska (Oct 6, 2015)

The problem was that they were charging admission. Whether the money made from it was enough to pay for it or not is irrelevant. 
But it's easier to just call them greedy and plug our ears.


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## DiscostewSM (Oct 6, 2015)

He was sued over a month ago. Why are sites reporting it now?

Also, he's been doing this for 5 years now (or this would have been the 5th annual party), and the $4000 is based on those 5 years of infringement. Be aware that lawyer fees far exceed this amount.


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## mgrev (Oct 6, 2015)

DiscostewSM said:


> He was sued over a month ago. Why are sites reporting it now?
> 
> Also, he's been doing this for 5 years now (or this would have been the 5th annual party), and the $4000 is based on those 5 years of infringement. Be aware that lawyer fees far exceed this amount.


bcuz clickbait


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## KingVamp (Oct 6, 2015)

DiscostewSM said:


> He was sued over a month ago. Why are sites reporting it now?
> 
> Also, he's been doing this for 5 years now (or this would have been the 5th annual party), and the $4000 is based on those 5 years of infringement. Be aware that lawyer fees far exceed this amount.


I didn't know he was doing it for 5 years.


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## DiscostewSM (Oct 6, 2015)

KingVamp said:


> I didn't know he was doing it for 5 years.


Yep, the "5th Annual Unofficial Pokemon PAX Kickoff Party". The party itself was based on Pokemon that charged a fee to get in, involved alcohol, etc.


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## Stang (Oct 6, 2015)

As sad as it is when the big boys go after their most loyal fans, he had it coming. Charging entry, regardless how little or what the money was being used for, is seen as creating revenue for him while advertising an ip he has no rights too. Shitty situation but the pokefolks were well within their rights.


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## meinhard (Oct 6, 2015)

Well, imho 5 party or just one makes no difference. What if someone organise a superhero-themed party (maybe with Batman and Superman on the flyer)? Get sued by DC? Maybe on the legal side they can, but i just find it a nonsense


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## DiscostewSM (Oct 6, 2015)

meinhard said:


> Well, imho 5 party or just one makes no difference. What if someone organise a superhero-themed party (maybe with Batman and Superman on the flyer)? Get sued by DC? Maybe on the legal side they can, but i just find it a nonsense


Is the superhero-themed party requiring an admission fee (on a yearly basis)? Because that is what's happening here.


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## Stang (Oct 6, 2015)

meinhard said:


> Well, imho 5 party or just one makes no difference. What if someone organise a superhero-themed party (maybe with Batman and Superman on the flyer)? Get sued by DC? Maybe on the legal side they can, but i just find it a nonsense


It is complete non sense I agree but it within DC's rights in that scenario if they wish to protect their ip.


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## Pablitox (Oct 6, 2015)

VinsCool said:


> how strange they doesn't bother about nsfw artworks I can find everywhere...


Paheal got a cease and desist notice from Nentendo, because their site was the first thing that popped up on google when you searched pokemon. So they just changed the word a bit.


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## meinhard (Oct 6, 2015)

DiscostewSM said:


> Is the superhero-themed party requiring an admission fee (on a yearly basis)? Because that is what's happening here.





Stang said:


> It is complete non sense I agree but it within DC's rights in that scenario if they wish to protect their ip.


 Yes there's no doubt, they have all possible legal reason for suing...but honestly, 4000$ for 5 events is 800$ per event, maybe is only 3-4x the typical income of a normal work day...imho the Company just got 4000$ plus a big bad publicity...


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## Stang (Oct 6, 2015)

meinhard said:


> Yes there's no doubt, they have all possible legal reason for suing...but honestly, 4000$ for 5 events is 800$ per event, maybe is only 3-4x the typical income of a normal work day...imho the Company just got 4000$ plus a big bad publicity...


One day far far in the future these guys will realize people like the guy who got sued give them the best type of publicity possible, FREE PUBLICITY! Suing people who actually support you does not seem like the most logical way to do business....but again its their ip and they are free to be giant assholes if they feel the need.


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## DiscostewSM (Oct 6, 2015)

Stang said:


> One day far far in the future these guys will realize people like the guy who got sued give them the best type of publicity possible, FREE PUBLICITY! Suing people who actually support you does not seem like the most logical way to do business....but again its their ip and they are free to be giant assholes if they feel the need.



Because TPC certainly wants their IP to have alcohol drive it.......Sorry, but if you made something popular, and someone came around and used it for purposes you disagree with, you would not let them just go about their business.


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## Stang (Oct 6, 2015)

DiscostewSM said:


> Because TPC certainly wants their IP to have alcohol drive it.......Sorry, but if you made something popular, and someone came around and used it for purposes you disagree with, you would not let them just go about their business.


I totally agree with you, but it is all important to realize brand image is pretty important. The general public who cares to know about this sees the big company going after the little guy for something acute in nature. There were better ways to handle this situation than sue, hope that 4k is worth the shit publicity!


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## Blaze163 (Oct 6, 2015)

They'll be after me next 'cause I wasn't 'authorized' to turn Pikachu evil. Even though I painted the Evil Pikachu pictures myself on my Pokemon Art Academy game. And don't talk to me about license agreements or any of that bollocks. It's a game on my shelf, I own both it and anything I create with it. Nintendo can go right ahead and suck me off if they think they're entitled to anything. They can have their money; a money shot right in the fuckin' face.

But seriously, this is some pretty weak shit, Nintendo. Don't be Konami. We already have a Konami. And we didn't want them to begin with, much less a spare.


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## GamerzHell9137 (Oct 6, 2015)

Damn, this sucks but tbh i'm not surprised. Nintendo likes to do stupid stuff but i won't blame them either because i haven't seen the other side of the coin.


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## RodrigoDavy (Oct 6, 2015)

Blaze163 said:


> They'll be after me next 'cause I wasn't 'authorized' to turn Pikachu evil. Even though I painted the Evil Pikachu pictures myself on my Pokemon Art Academy game. And don't talk to me about license agreements or any of that bollocks. It's a game on my shelf, I own both it and anything I create with it. Nintendo can go right ahead and suck me off if they think they're entitled to anything. They can have their money; a money shot right in the fuckin' face.
> 
> But seriously, this is some pretty weak shit, Nintendo. Don't be Konami. We already have a Konami. And we didn't want them to begin with, much less a spare.


But as long as your not using your evil pikachu image for profit, they can't go after you. It's completely different


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## DiscostewSM (Oct 6, 2015)

Stang said:


> I totally agree with you, but it is all important to realize brand image is pretty important. The general public who cares to know about this sees the big company going after the little guy for something acute in nature. There were better ways to handle this situation than sue, hope that 4k is worth the shit publicity!



Actually, it seems it has gotten worse, but not because of TPC, but because of the accused. I shall post what they said....



> There's more to the story then the link. They did redraw the settlement but because they want more money for the bad press he caused them. They were originally awarded more money but they lowered it 4K to just cover the legal fees and sent a message. So all the angry comments and emails they received made him have to pay more.
> 
> Also that guy can't learn when to shut up. He just found out he has to pay more because he opened his mouth and complained and he's doing it again. His silence could be on the table to lower the money back down but he feels the need to talk about every detail of this case.



Whether this is true or not, I will repeat what someone else said about it.

"There's a reason lawyers generally tell their clients to shut the hell up."


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## Stang (Oct 6, 2015)

DiscostewSM said:


> Actually, it seems it has gotten worse, but not because of TPC, but because of the accused. I shall post what they said....
> 
> 
> 
> ...


Haha well now no shits given by me, if the guy wants to dig his own grave then thats on him...dumb


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## RustInPeace (Oct 6, 2015)

Well not knowing the full story, I just kind of shook my head at TPC. Now that more's coming out, yeah, the defendant's not really an angel. At the same time, did they really not send a C/D letter to him? $4000 isn't as bad as some copyright troll suits. Did they just found out the guy's been doing it for years? Something like that should've been sorted out the first year. Ah well, I'm a Pokemon fanboy, when's Z coming out?


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## Vipera (Oct 7, 2015)

I would like to point this out:



> Jones was hit with a lawsuit from the Pokémon Company, *which claimed his use of Pikachu and Snivy infringed on the company's copyright*. He canceled the party.



The alcohol had nothing to do with it, just the use of those two Pokémon in the poster for an event. They always let this kind of stuff slide by, but he charged money for it, doesn't matter how much or if he wouldn't have made a profit (I highly doubt he told the truth, but whatever). This is the poster of the year before:







No Pokémon images (other than the center of a poké ball). Looks more like a tribute than a paid event. IMHO they saw the last poster, saw the dude was charging for it (I still think he DID make a profit) and decided to not let it slide this time.


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## Hells Malice (Oct 7, 2015)

Yeah fuck those money grubbing whores for protecting their IP which they legally have to do.

If ignorance was food, GBAtemp could solve world hunger overnight.


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## FAST6191 (Oct 7, 2015)

Apologies if someone else mentioned it and I missed it but some of you may wish to read up on the superbowl trademark stuff -- the term superbowl is trademarked and pretty aggressively enforced. http://www.sbnation.com/nfl/2014/1/29/5357684/super-bowl-2014-nfl-trademark-business http://www.commlawblog.com/tags/super-bowl-trademark/

Why they went the copyright route and not the trademark (if indeed they did do that -- I have not read the whole story yet and people seem to frequently confuse all type of intellectual property).

If indeed it was trademark then bets on next year hosting the 6th annual monsters of pocket size party.


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## Vipera (Oct 7, 2015)

Hells Malice said:


> Yeah fuck those money grubbing whores for protecting their IP which they legally have to do.
> 
> If ignorance was food, GBAtemp could solve world hunger overnight.


What a stupid, entitled post. Reddit is somewhere else.


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## BORTZ (Oct 7, 2015)

Yeah I saw this on Ars. What an odd think and small amount of money to come down for.


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## FAST6191 (Oct 7, 2015)

Vipera said:


> What a stupid, entitled post. Reddit is somewhere else.



To be fair you are required to defend your trademarks or they risk being genericized. I have still yet to see if this is a trademark issue but that would be the more commonly used/directly applicable law in this case.


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## Vipera (Oct 7, 2015)

FAST6191 said:


> To be fair you are required to defend your trademarks or they risk being genericized. I have still yet to see if this is a trademark issue but that would be the more commonly used/directly applicable law in this case.


Argumenting facts is one thing, sending generic insults to the other side of the argument in order to act like "le cool kid" is another. As I said, this isn't Reddit (I hope). Also, as I said, I'm more with TPC than with the guy, mostly because I don't believe he did not make a profit, considering the drinks of his cafè weren't free once you paid for ammission. It's a stupid trick some edgy pubs use in order to trick people by thinking that admission is very low (or even free) and then they hit you with above-average drink prices, because other less edgy pubs would make you pay a big fee with the first/second drink being free and the others to a regular price. I know the trick, so he can't really talk about not making a profit by the admission fee because he would have with drinks and such.


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## FAST6191 (Oct 7, 2015)

Though Hells Malice probably could not be said to have a history of diplomatic phrasing I am not seeing the insult there.

In trademark profit or not from misuse has no great bearing on the matter, though damages might be adjusted accordingly -- the law is far more concerned with use.


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## cooroxd (Oct 7, 2015)

This is exactly why I support gateway and rxtools. I even donated to that website that cannot be named


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## Vipera (Oct 8, 2015)

UPDATE!




> The filings indicate that the parties might be working toward an out-of-court agreement, but specific amounts (if any) and timing are not set.  In other words, *Jones’ claim of owing The Pokémon Company $4,000 in 45 days is not accurate*. We’ve reached out to him for comment and explanation. We’ll update should we receive a response.



If I had a bit of sympathy for the guy for having been sued instead of a C&D first, I have none now. What a piece of shit. He set the Gofundme page out of lies.


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## Edgarska (Oct 9, 2015)

Vipera said:


> UPDATE!
> 
> 
> 
> ...


Sadly, most people just read the headline and head to forums to spout ignorant rants, it's been clear since the beginning that he wasn't a poor victim of capitalism, he knew exactly what he was doing.


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## ferofax (Oct 9, 2015)

meinhard said:


> Well, imho 5 party or just one makes no difference. What if someone organise a superhero-themed party (maybe with Batman and Superman on the flyer)? Get sued by DC? Maybe on the legal side they can, but i just find it a nonsense


You probably don't get it, but the real issue here is that this dude is essentially making money off of somebody else's intellectual property.

It's easy to dismiss because it's not your intellectual property that's being misused here. But if you made a character, built a company and video game and merchandise around that character, and then you see other people making money off of the popularity of your character *without your express permission*, things would be different.

Now if he was making money off of rip-offs instead of your actual characters, then that changes things.


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## meinhard (Oct 9, 2015)

ferofax said:


> You probably don't get it, but the real issue here is that this dude is essentially making money off of somebody else's intellectual property.
> 
> It's easy to dismiss because it's not your intellectual property that's being misused here. But if you made a character, built a company and video game and merchandise around that character, and then you see other people making money off of the popularity of your character *without your express permission*, things would be different.
> 
> Now if he was making money off of rip-offs instead of your actual characters, then that changes things.


Nope, the legal side of the story is really clear. Nintendo had all the rights to sue that guy. Simply i think that a big company get only bad publicity in this kind of situations. With the update the situation is not so clear anymore, so we can't really know the truth, but imho a cease/desist is the perfect way to deal with this "little" infringements of law about intellectual property. I remember some years ago when Metallica took legal actions with some guys that downloaded their album. I just found it ridiculous. Same thing when the Candy Crush company registered the word "Saga" as their copyright and sued other companies for using that word in app names (like Banner Saga, one of best mobile games imho). It's not all black or white, and sure there are many ways to deal with such things. And please guys, a bit of coherence, gbatemp is 80% about playing isos. (Now let's start the flame   ) p.s. I hope everyone understand, english is not my native language, by the way


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## DinohScene (Oct 9, 2015)

Really?
Wow... just wow...


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## weatMod (Oct 9, 2015)

lawsuit when?


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## KingVamp (Oct 9, 2015)

Well, if this is true, he possibly made it worse for himself, law and public wise. Still, I'm surprised he didn't get hit with a C/D early on.


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## VartioArtel (Oct 9, 2015)

I wouldn't be shocked if this guy's kept a lot secret.

IE: Got C&Ds for the last X years. But is refusing to reveal this truth to make his case seem more valid and to 'profit' off the ignorant masses.

I mean we got proof he lied about the time limit to pay up
We know he's trying to blow this out of the water and create more drama to gain public sympathy
And we know that *for all legal purposes* TPC is indeed in the right.


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