Director Meryl Koh contributed to Asia IP article on the legal dispute between Nintendo and Pocketpair over patent infringement and gameplay mechanics in Palworld

17 Mar 2025

Our Intellectual Property and Disputes Director, Meryl Koh was recently quoted in an Asia IP article titled "Pikachu with guns? Nintendo fires back”. The article examines Nintendo’s legal battle against Pocketpair, the developers of Palworld, a game that has sparked fierce debate for its similarities to Pokémon while introducing darker gameplay elements. At the heart of the dispute is whether Palworld infringes Nintendo’s patented gameplay mechanics or represents an independent creative evolution of the monster-collection genre.

Meryl shared insights into the legal complexities surrounding intellectual property rights in gaming, including the challenges of proving customer confusion in cases of alleged infringement. She noted, “Whether there is such leveraging would depend on, amongst other things, whether customers are ‘confused’ and/or mistaken as to Palworld being a part of the Pokémon franchise. This is a key, yet difficult, question to answer because it is impacted by a whole host of other factors including, whether that individual was already familiar with the Pokémon franchise and the extent of that familiarity”. Meryl explained that confusion is a factual inquiry to be undertaken by the court in light of surrounding circumstances. This means that anecdotal evidence can be used, though not necessarily definitive by parties to prove the relevant public was or was not confused. 

As the case progresses, the key issue remains whether Palworld's gameplay elements and creature designs cross the line into infringement or remain distinct from Nintendo's intellectual property.

You may click here to read the full article that appears on Asia IP.