Pokémon, Roblox and trademark tussles

Pokémon has been having a tough time lately.

As a popular game brand that is well-known all over the world, it naturally has a significant fanbase. Unfortunately, this also means having to deal with free riders.

News recently broke that the game Palword was some kind of A.I. rip off (meaning a possible copyright infringement). As if this were not enough, Pokémon has also had to defend its trademark rights. Fortunately for Pokémon, the opposition proceedings before the European Trademarks Office were a walk in the park, given that the best name the opposing party ─ a Chinese company ─ had been able to come up with was ‘Pokemo’. It did not take the European Trademarks Office long to decide that Pokémon and Pokemo are extremely similar. This decision could hardly have come as a surprise.

The well-known gaming platform Roblox has also been in a trademark dispute, which it initiated on discovering that a European application for the mark Roblock had been filed for toys. This opposition was also settled in short order by the European Trademarks Office. Guess what? Roblock lost.

In both these cases, the trademarks and products were virtually identical. One can’t help but wonder then why the parties didn’t simply withdraw their respective trademark applications, as it was obvious neither stood a chance. But perhaps this is just wishful thinking on behalf of the trademark owners we represent.

Author: Arnaud Bos

Bio: Arnaud is trademark attorney and within Knijff responsible for the marketing & communication. Arnaud is specialist in the metaverse and music sectors and his client portfolio includes many upcoming and renowned bands. He keeps a close eye on the latest case law in the EU and will let you know when he sees remarkable applications.