Nintendo Lawsuit? ‘Pokémon-With-Guns’ Developer Opens Up About the Possibility
Gotta lawyer up?
Is a Nintendo lawsuit in the works for one of Steam’s most popular video games? Since Pokémon parody game Palworld launched on Friday, gamers have speculated whether this Pokémon-with-guns open-world survival game flew a little too close to the Sun with its parody monsters.
Some fear creator Pocketpair used AI to develop the game’s monster creatures, or Pals. After all, Pocketpair’s CEO expressed enthusiasm over using computer-generated AI images to create Pokémon-like beings. Meanwhile, others speculate that Pocketpair more or less built its Pals over Pokémon models, then slightly tweaked these designs and threw them into the game.
There’s no confirmation that either circumstance is the case, for the record. Regardless, given Palworld’s immense popularity—it is, after all, the first breakout video game of 2024—the developer has braced itself for controversy. Earlier today, Pocketpair CEO Takuro Mizobe tweeted that his team was “seeing tweets that appear to be death threats,” claiming users are writing “slanderous comments” against the developer’s artists, according to a translation of his tweet.
“I would appreciate it if you would refrain from slandering the artists involved in Palworld,” he said, per the translation.
But that sticky legal question remains. Will Pocketpair face a lawsuit from Nintendo and The Pokémon Company over its parody game? And if not, why not?
Is Nintendo aware of Palworld?
Yes. More specifically, The Pokémon Company is distinctly aware of Palworld and has officially addressed the game. According to a corporate statement published on Jan. 25, the organization has “received many inquiries regarding another company’s game released in January 2024.”
“We have not granted any permission for the use of Pokémon intellectual property or assets in that game. We intend to investigate and take appropriate measures to address any acts that infringe on intellectual property rights related to the Pokémon,” The Pokémon Company wrote. “We will continue to cherish and nurture each and every Pokémon and its world, and work to bring the world together through Pokémon in the future.”
Most experts in the games industry believe nothing will come from this investigation. Niko Partners’ Daniel Ahmad said The Pokémon Company essentially put out the statement so gamers would stop messaging the organization about Palworld.
“This is just a ‘please stop sending us emails about Palworld‘ statement,” he tweeted.
Is Palworld’s developer preparing for a lawsuit?
Online controversy aside, Pocketpair doesn’t believe it will face any legal issues over the game’s Pals. In fact, Mizobe was asked before release whether he feared litigation over the game’s similarities to Pokémon, and according to Japanese gaming outlet Automaton, Mizobe “mentioned that Palworld has cleared legal reviews, and that there has been no action taken against it by other companies.”
“We make our games very seriously,” Mizobe told Automaton, “and we have absolutely no intention of infringing upon the intellectual property of other companies.”
According to a separate Automaton article, Mizobe said Pokémon was Palworld’s “great predecessor,” but the early access title’s gameplay is actually far more similar to a game like ARK: Survival Evolved — that is, if ARK added monster-catching elements. This makes sense, given Palworld has an emphasis on base-building, exploration, and survival mechanics over Pokémon’s JRPG-oriented mechanics and linear storyline.
“Mizobe [finished] by assuring that Palworld was developed with great care in terms of respecting other companies’ intellectual property, and that it has cleared legal reviews without issue,” that article concluded.
So indeed, it seems like Pocketpair isn’t really concerned about a cease-and-desist letter from Nintendo over its Pokémon-meets-ARK open-world survival game.
There’s a simple reason why Palworld won’t face a Nintendo lawsuit
As I argued earlier this month, Palworld seems to be an obvious Pokémon parody. It’s like the game is asking players, “What if Pokémon was grim, dark, and edgy? What if a faux-Pokémon could have a gun?” And it’s this exact question that will likely protect Palworld from legal retribution.
In reply to a Kotaku article about this exact Automaton interview series, a reader shared a fantastic YouTube video explaining why a Nintendo lawsuit against Pocketpair will never happen. As Video Game Story Time explains, “the extreme violence shown in the game is actually one of the strengths that keeps Nintendo and The Pokémon Company off the game’s back.”
So in other words, the game’s dark, violent, and messed up parody makes it original enough to survive an intellectual property rights claim. That makes sense, especially because, as Automaton concluded, Palworld has been in development long enough for Nintendo to halt production prior to the game’s launch on Jan. 19.
“Though it released just a few days ago, Palworld’s concept and content has been open to the public for quite a while, and were even presented at the Tokyo Game Show in both 2022 and 2023,” Automaton reported. “Many users are of the opinion that, if there were basis for plagiarism-related legal action, the relevant parties would have already acted by now.”
So don’t expect Palworld to go away any time soon. It’s unclear if Pocketpair has Nintendo’s blessing, but the latter’s lawyers certainly won’t be coming for the hit survival game any time soon.
(feature image: Pocketpair)
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