Nintendo vs. Palworld Lawsuit: Who’s Going to Win?
Palworld took the world by storm when it first released in January 2024. However, many gamers have noted similar designs in Palworld that are derivative of Nintendo’s Pokémon franchise, with some nearly sharing the same silhouettes. It was surprising that Nintendo hadn’t pursued legal action when Palworld first launched, but now it seems that the company has pulled out all the stops to sue Pocketpair for plagiarism. Here, we’ll discuss the details of this lawsuit and speculate on who’ll win.
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Cause of Lawsuit
According to Nintendo, they’re suing Pocketpair for infringing on the patent rights of their intellectual property. Since Nintendo hasn’t provided specific details over the damages Pocketpair may have caused, we can assume that the lawsuit is based on the Pokémon-like designs that are being used for Pocketpair’s Pal creatures. It’s also possible that Nintendo could be suing the use of Palworld’s pet battling and capture gameplay system, which the Pokémon franchise is most popular for.
Note that Nintendo uses the term “patent” infringement instead of copyright, which might mean that their creature designs are not the issue here. The timing of the lawsuit is also a factor here, as Nintendo could have sued Pocketpair for damages when Palworld was first released, especially at the height of the game’s popularity.
Another patent that Nintendo has just recently acquired is the Pokéball design and function. To briefly explain, trainers in the Pokémon franchise use Pokéballs by pressing a button at the middle and throwing it at a Pokémon to capture it. Palworld also has a similar design with the Palsphere, which is a derivative of the former, and another likely infringement on Pocketpair’s part.
Likely Winner?
It’s currently a mystery over what Nintendo is suing for. If Nintendo uses their Pokémon designs as the basis, Nintendo may win over Pocketpair as according to Japanese law, derivative works like Palworld’s creatures require the authorization of Nintendo to create, which Pocketpair most likely did not.
If going by the issue of patents, Nintendo did patent Pokémon’s core gameplay as their own. Palworld uses a very similar gameplay system where players bring the health of Pals low and use specialized gadgets to catch them to make them their pets. As Nintendo holds the patent to this gameplay mechanic, Pocketpair may have landed in hot water with infringement.
Overall, its highly likely that Nintendo will win the litigation, as the evidence of patent infringement is in their favor. We may not know how the proceedings will go in Japanese court, but we can be certain that Nintendo has the upper hand.
Pocketpair’s Response
The company issued an official statement claiming that they’re currently unaware of the patents they had infringed on. Due to the lawsuit, Pocketpair will take all the development time needed for the game in order to try and either settle or meet Nintendo in court. If Nintendo wins, Palworld will have to undergo a drastic change to meet Nintendo’s demands or may straight up be removed from sale. It’s also likely that Pocketpair will have to monetarily compensate Nintendo for the damages on their patent based on the high sales number they achieved when the game first launched.
One way Pocketpair may be able to survive is through a private settlement with Nintendo, as this will prevent the indie company from going to court. However, Nintendo may choose to pursue litigation and are more likely to win this way. Regardless, Pocketpair and Palworld’s future is uncertain.
