Jhon Crawford: Copyright Infringement

[quincy]

Jhon, your thread on copyright infringement apparently was reported or deleted. You asked about the copyright on the "Pokeball."

Simple designs like circles and squares are not eligible for copyright protection. Because the pokeball design is made up of simple concentric circles, the design is offered no copyright protection.

The Pokémon characters, however, are all copyright protected as are all of the Pokémon films and books and music and commercial packaging and other Pokémon original and creative works.

What prevents others from using without permission the Pokeball design is Nintendo of America, Inc. Corporation and their trademarks on all things Pokémon, including the Pokeball design and Pokémon GO design, and the word marks Pokémon and Pokémon GO.

To market anything Pokémon-related without permission (a license) from the rights-holder is likely to result in the receipt of a cease and desist letter, and a possible seizure of any goods using the Pokeball design or Pokémon characters, and a possible trademark infringement lawsuit.

 

[FlyingRon]

It's POKÉ BALL actually. And the words are trademarked so you have to be careful even if the ball design itself isn't.

However, I'll disagree. The Poke Ball design is very much distinctive. Much simpler graphic marks have been awarded registration and trademark protection. It's kind of hard to search for graphical marks, but Nintendo has a lot. Google shows a Japanese registration filing for the Poke Ball graphical appearance so I wouldn't dismiss it having US protection via WIPO or other treaty.

 

[Just Blue]

The thread is there....
https://forum.freeadvice.com/threads/copyright-infringement.653635/

 

[quincy]

It's POKÉ BALL actually. And the words are trademarked so you have to be careful even if the ball design itself isn't.

However, I'll disagree. The Poke Ball design is very much distinctive. Much simpler graphic marks have been awarded registration and trademark protection. It's kind of hard to search for graphical marks, but Nintendo has a lot. Google shows a Japanese registration filing for the Poke Ball graphical appearance so I wouldn't dismiss it having US protection via WIPO or other treaty.

Pokeball is correct. And it has trademark protection.

I see the original thread is back. Odd. I will provide a link to this thread there

 

[FlyingRon]

No, it is not correct. Look again. Nintendo always stylizes it as two words (with the accent). There was an abandoned registration application spelled as one word from some other entity and while the history doesn't state so, I suspect Nintendo had opposition to it.

 

[quincy]

No, it is not correct. Look again. Nintendo always stylizes it as two words (with the accent). There was an abandoned registration application spelled as one word from some other entity and while the history doesn't state so, I suspect Nintendo had opposition to it.

I did a search for both. Pokeball is correct. Poke Ball would also be protected. All things Pokémon have been registered, as either trademarks or with the Copyright Office in the US.

As much as I hate to admit it , my kids and I play Pokémon.

 

[FlyingRon]

POKEBALL without the space does NOT have a live registration and the few dead/abaondoned ones weren't Nintendo.
POKEMON doesn't have the space, but POKE BALL does.

 

[quincy]

POKEBALL without the space does NOT have a live registration and the few dead/abaondoned ones weren't Nintendo.
POKEMON doesn't have the space, but POKE BALL does.

Both are used by Nintendo.