Former Pokemon lawyer reveals “No one likes suing” fan projects

A new interview with former The Pokemon Company lawyer Don McGowan shares insight on the mysterious company’s approach to fan projects, and how they get shut down.

With a series as huge as Pokemon, fan projects are almost certain. Over the years, there have been plenty of different grassroots campaigns and home-grown attempts to make something Pokemon-related, but many of them eventually get hit with a Cease and Desist order from Pokemon.

Whether it’s things like RomHacks, or fan-made sequels to classic games, a lot of these projects try to avoid any scrutiny, as this can often catch the eye of Pokemon themselves and copyright lawyers.

In a recent interview for Aftermath, lawyer Don McGowan who has worked as General Counsel for Bungie and Chief Legal Officer for The Pokemon Company revealed a little about this process, and what can lead to Nintendo or The Pokemon Company chasing fan projects to shut them down.

The Pokemon Company’s previous lawyer reveals approach to fan projects

The interview itself was held by journalist Luke Plunkett, who asked McGowan, “how does The Pokemon Company handle Cease & Desist letters with regards to fan projects? How did you find them, and where did you draw the line on what’s allowed and what the company thinks needs to be shut down?”

McGowan’s answer sheds some light on the process, saying, “Short answer, thanks to you folks. I would be sitting in my office minding my own business when someone from the company would send me a link to a news article, or I would stumble across it myself.”

Then, McGowan proceeds to explain further, saying, “You don’t send a takedown right away. You wait to see if they get funded (for a Kickstarter or similar); if they get funded then that’s when you engage. No one likes suing fans.”

Comments underneath the article commend the blunt response, with one saying, “It’s great to get confirmation over what everyone sort of took as true already about press coverage leading to C&Ds.”

While it’s not always clear what The Pokemon Company’s approach to fan projects might be, it seems that the clearest route to legal trouble is by trying to make money.