Legal Considerations for Releasing a Pokémon-Style Game

The demand for Pokémon-style games shows no signs of waning. However, aspiring game developers often wonder if they can create and release such games without infringing on The Pokémon Company's intellectual property (IP).

Copyright and the Law

One of the common misconceptions is that you can't copyright an idea. This is accurate but doesn't provide much leeway when it comes to the protection of specific works. In the case of Pokémon, the IP encompasses both copyrighted works (like the storyline and original characters) and trademarks (such as the name 'Pokémon' and related imagery).

Copyrighting an Idea

Copyright primarily protects the expression of ideas, not the ideas themselves. While you can't copyright an idea, you can copyright the creative expression of that idea—such as specific artwork, dialogue, and storylines. Since the original Pokémon games are copyrighted, any derivative works must avoid those exact expressions and audiences.

Trademark Protection

Trademark law is broader and allows for the protection of marks used to identify and distinguish goods or services. Any use of 'Pokémon,' the word 'Pikachu,' 'Pokemon logo,' or any related imagery can be considered a violation. This means that while you can create a game with similar mechanics to Pokémon, you must ensure that your game does not use any trademarked elements in a way that could confuse consumers about the origin of your game.

Defining Your Pokémon-Style Game

The key distinction lies in the specific assets used in your game. You can create a game where players collect monsters and fight in arenas, but every single element must be original. This includes:

Monsters' names Designs Artwork Sounds Storylines

Essentially, everything that would require a user to type 'The Pokémon Company' into a search engine when they see your game must be unique. You also need to be cautious about any marketing materials that might reference Pokémon in a way that could cause confusion.

What You Can and Can’t Do

What You Can Do:

Design your own monsters with unique names and abilities Create your own arenas and battle mechanics Produce your own soundtracks and voiceovers Develop an entirely new storyline unrelated to the original Pokémon series

What You Can’t Do:

Use the words 'Pokémon,' 'Pikachu,' or any other trademarked terms Show any copyrighted artwork, sounds, or designs Feature anything that could be confused with The Pokémon Company's games or services

Consulting an Attorney

Given the complexity of IP law, it is wise to consult with an attorney who specializes in copyright and trademark. They can provide specific advice tailored to your unique situation and help you navigate the legal landscape of creating and releasing your Pokémon-style game.

Conclusion

The realm of Pokémon-style game development is vast, but so too are the rules that govern the use of the IP. By understanding the intricacies of copyright and trademark law, and by being meticulous in your creative process, you can successfully bring your vision to life while avoiding legal entanglements.