Learn. Teach. Protect.

garbis law, llc

intellectual property law

Intent to Use

a legal blog for small businesses and entrepreneurs

Pokemon GO – Nostalgic Intellectual Property

h

July 15, 2016

pokemon go

By now you have probably seen people strolling down the streets staring at their phones as if they using them as some sort of compass to find hidden treasure.  Well, they are, and the hidden treasures they are looking for are Pokemon characters.

WHAT IS POKEMON GO?

Pokemon GO is a game released by Nintendo, marketed as “augmented reality.”  It uses your phone’s GPS and has its users find different cartoon characters in a variety of places.  Aside from a few reported robberies and an increased chance of you being run over by a car while your aimlessly walking down the street trying to catch Pikachu, it has been a huge hit with people of all ages.  Such a large hit, it is now the biggest mobile game in U.S. history.  The app has also surpassed the average daily usage rates of apps like Tinder, Facebook, Twitter, and has its eyes set on passing Snapchat as well.

Up until Pokemon Go was released, Nintendo had been struggling to keep up with the gaming industry.  Many of us grew up with Nintendo reining as the best of the best when it came to the video game industry.  Until it wasn’t.  With the release of Sony’s Playstation line and Microsoft’s Xbox, Nintendo took a backseat and hadn’t successfully evolved to keep up.  Nintendo’s response to Sony and Microsoft was the release of the Wii, which was more interactive than its competitor’s gaming consoles, but it did not catch on.

GETTING AHEAD WITH NOSTALGIC INTELLECTUAL PROPERTY

One advantage Nintendo has over the likes of Sony and Microsoft, however, is its nostalgic intellectual property.  Pokemon GO successfully tapped into its users emotions, bringing older users back to their childhoods, while also providing a game younger users would enjoy.  As a result, Nintendo’s stock has surged and has been the topic of many conversations.  In the last week, Pokemon Go has added $17 billion in market value to Nintendo.

One important thing to note is that the actual developer of the game is not Nintendo.  A company called Niantic is the developer, with The Pokemon Company also owning parts of the game.  Nintendo has a stake in the Pokemon Company, but also owns the intellectual property behind the Pokemon name.

While still on the minds of consumers, Nintendo also announced it will be releasing a “new” NES console with 30 games pre-loaded on it.  Nostalgia sells, and Nintendo timed its announcement for this $60 console perfectly.

Nintendo has successfully put itself in a position to strengthen its brand which was at risk of fading as it had been in recent years.  By licensing its intellectual property to develop a game which has been a huge hit, it has opened the doors for more licensing opportunities.  In March of 2016, three trademark applications were filed for “Pokemon GO” covering a variety of goods and services that suggest quite a bit is planned for the Pokemon GO brand.

You can take at the full list of goods and services listed in the trademark applications below:

  • IC 009. US 021 023 026 036 038. G & S: Programs for consumer video game apparatus; Game programs for consumer video game apparatus; Programs for handheld game apparatus with liquid crystal displays; Game programs for handheld game apparatus with liquid crystal displays; Programs for arcade video game machines; Downloadable or installable programs and additional data for consumer video game apparatus; Downloadable or installable programs and additional data for handheld game apparatus with liquid crystal displays; Downloadable or installable programs and additional data for computers; Downloadable or installable programs and additional data for cellular phones; Computer programs; Game programs for computers; Programs for cellular phones; Game programs for cellular phones; Electronic circuits, optical discs, ROM cards, ROM cartridges, CD-ROMs, and memory cards storing programs for cellular phones; Storage media storing programs for cellular phones; Electronic machines, apparatus and their parts; Parts and accessories for cellular phones; Cellular phone straps; Telecommunication machines and apparatus; Downloadable music files; Downloadable image files; Electronic publications; Downloadable maps; Chargers for consumer video game apparatus; Batteries for consumer video game apparatus; Batteries
  • IC 041. US 100 101 107. G & S: Providing non-downloadable images via communication by handheld game apparatus with liquid crystal displays; Providing non-downloadable images via communication by consumer video game apparatus; Providing non-downloadable images via communication by cellular phones; Providing non-downloadable images via communications; Providing non-downloadable videos via communication by handheld game apparatus with liquid crystal displays; Providing non-downloadable videos via communication by consumer video game apparatus; Providing non-downloadable videos via communication by cellular phones; Providing non-downloadable videos via communications; Providing non-downloadable movies via communication by handheld game apparatus with liquid crystal displays; Providing non-downloadable movies via communication by consumer video game apparatus; Providing non-downloadable movies via communication by cellular phones; Providing non-downloadable movies via communications; Providing non-downloadable music and sounds via communication by handheld game apparatus with liquid crystal displays; Providing non-downloadable music and sounds via communication by consumer video game apparatus; Providing non-downloadable music and sounds via communication by cellular phones; Providing non-downloadable music and sounds via communications; Organization, management or arrangement of video game events; Organization, management or arrangement of card game events; Providing games via communication by handheld game apparatus with liquid crystal displays; Providing games via communication by consumer video game apparatus; Providing games via communication by cellular phones; Providing games via communications; Providing games for consumer video game apparatus; Providing games for handheld game apparatus with liquid crystal displays; Providing games for cellular phones; Providing games via telecommunication network; Providing games via communication network; Providing electronic publications via communications; Providing electronic publications
  • IC 028. US 022 023 038 050. G & S: Consumer video game apparatus; Controllers and joysticks for consumer video game apparatus; Parts and accessories for consumer video game apparatus; Card game toys and their accessories; Handheld game apparatus with liquid crystal displays; Parts and accessories for handheld game apparatus with liquid crystal displays; Toys; Dolls; Card games and their accessories; Game machines and apparatus

What do you need help with?

I want to protect my brand with

TRADEMARKS

I want to learn more about

PATENTS

I am looking to file

Copyrights

312.952.3085

INFO@GARBISLAW.COM