Nintendo has initiated legal action against Pocketpair concerning Palworld, but there are doubts about the Mario maker’s chances of success.
The game Palworld has faced criticism for its striking resemblance to Pokemon designs even before its release, which is a valid point. While some of the designs are questionable, none of them appear to infringe on any copyright laws. Nintendo has decided to file a lawsuit against Pocketpair, focusing on patents rather than the character designs in Palworld. The outcome of the lawsuit will only become clear in due time, but Florian Mueller, a former Blizzard consultant and writer, has provided insights into this complex situation.
“It seems like the lawsuit is not related to the creative aspects of how Palworld characters are designed, despite initial concerns,” Mueller explains. “Patents cover technical inventions, excluding U.S. design patents. In Japan, design rights are not referred to as patents, indicating that the lawsuit may involve software patents unrelated to the appearance of Palworld. These patents could pertain to techniques like 3D image rendering, which can be used to create characters resembling Pokemon or Warcraft.”
Mueller suggests that Nintendo may not possess any strong patents that could prevent Pocketpair from developing Palworld. Such patents are usually circumventable by employing different techniques to achieve similar results.
He also mentions that smaller companies like Pocketpair often lack patents for counterclaims, but they could potentially acquire them. Japanese patents are only enforceable in Japan, so even if Nintendo wins the lawsuit, Pocketpair might still be able to distribute Palworld in other regions. However, Nintendo could escalate the situation further.
Mueller anticipates a lengthy legal process, estimating that it is “more likely to last 5 years than to be resolved within the first year.” In the meantime, players can continue enjoying their Pokemon-inspired game with a unique twist.
