Copyright infringement if i use pokemon characters

577 votes

Hi..

Assumimg the trademark over the name Pokemon and it's character names and copyright over the characters vests with the owners of Pokemon or any other third party, prima facie, it would illegal for you to use the same for/in your business.

Therefore, for you to legally use the the Pokemon names and characters you will have to secure permission from its owners..

Otherwise, for you to legally use the Pokemon name and characters without seeking the permission of its owner, you will have to show that you fall within the ambit of fair use, which includes, amongst others, proving use of third party marks/copyright for non-commercial purposes which does not appear to be the case in your situation.

Hope the above is helpful.

Advocate Tushar A John LawRato

843 votes

Friend,
You cannot use these characters without express consent of the owners.Owner Company Details:
In October 2001, 4Kids Entertainment (now know as 4Licensing Corporation) acquired a 3% stake in The Pokémon Company for an undisclosed sum. They liquidated this stake 4 years later for US$960,000..In 2006, Pokémon Korea, Inc. was founded to manage the company's operations in South Korea. Its headquarters are located in Seoul.In 2009, Pokémon USA and Pokémon UK merged to become The Pokémon Company International, which handles American and European Pokémon operations under the administration of Kenji Okubo. The company's offices in the United States are in Bellevue, Washington and its offices in the United Kingdom are in London.
We can assist in getting the rights.Regards

Advocate Rishi Kulshresth LawRato

590 votes

'Pokemon' and related names and data are registered in the the name of Nintendo Creatures Co. and hence any use without official approval and intimation would amount to infringement. Hence, not advisable.

Advocate Tanu Malhotra LawRato

625 votes

Yes it can be an lagal issue, you cannot use same name/character/story which is alalready copyrighted. In your situation the same thing will be applicable, so to get your oun copyright please ensure all first.

Advocate Jayatee Chatterjee LawRato

548 votes

Hi, first check whether the characters are protected from being used by you under copy right or any law. Then only use in your game. From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards

Advocate Ganesh Singh LawRato