Fan being sued by Pokemon
Hi im Larkin Jones and I’m being sued by Pokemon
I’m a video gamer, huge Pokemon fan and over all a huge geek. PAX is my absolute favorite time of year. I love the parties, the fandom, cosplay and overall geek spirit that descends on Seattle. This year I tried to throw a Unofficial Pokemon party because why not… it would be fun, I’m a huge fan, I know all my friends are fans and I mostly wanted to geek out and add to the fun parties you can find all over the city.
The day before the PAX party, Pokemon sued me. With
out even a cease and desist.Totally didn’t expect that. I cancelled the party, refunded everyone the 2 dollars I charged to help cover all the prizes I bought for the cosplay contest and smash bros tournament. Pokemon wants $4000 that I just don’t have. I told them I would pay it over a year and they denied that. They want it now with in the next 45 days.
I work in a cafe and I literally don’t have $4000. I wish they would have just sent a cease and desist because I had no problem dropping the party but I just don’t have $4000 to pay in the next 45 days.
So I’m reaching out to the PAX video game community. Anything you can donate would be greatly appreciated. I just want it to be over with and not have it escalate further because I couldn’t pay 4k in 45 days. Trust me I will never throw another fandom party again.
Thank you guys so much in advance.
Here is the story if anyone wants to check it out.
Hey bro, don't listen to that asshat David Rustles and don't pay these crooks a single dime. Get yourself a lawyer and fight back. These copyright maximalist are gang of crooked lawyers looking to make an easy buck, probably because they are greedy and ignorant. They get off on attacking people who don't have the means or will to fight back. I'll donate if you promise to use the funds to pay a lawyer instead of handing it over to these thieves. If you don't fight back you'll only be encouraging this kind of shady behavior and they will find another victim after they've bleed you dry. Don't give in to them! Fight back against these copyright trolls and show them that attacking well-meaning fans is not a viable business model. https://www.techdirt.com/articles/20151002/17085432430/pokemon-wants-to-totally-bankrupt-one-biggest-fans-thanks-to-copyright.shtml
Hate to be a dick, but you DID charge admission using another company's IP. I won't say you "deserve all you get," but you had to know that a huge party would have attracted attention. It's not "maximalists" and "gangs" and "fighting the good fight," they're a company protecting their IP. End of story. Good luck to you, honestly, but next time check out the rules and regulations first.
Hey, Ramar. Contact the Electronic Frontier Foundation at eff.org. They sometimes try to help people like you in situations like this. They may be able to help by giving you advice, or maybe even putting you in contact with a lawyer who might help you pro bono.
While you were using the company's content they way they handled this is beyond ridiculous. They could have easily given you a cease and desist. I dont see how advertizing for a party and making a profit is any different from those selling their pokemon fan merchandise and art at conventions (They make a profit). Good luck man!
Do not pay. It is not illegal to organize a game party. Nothing was copied. Using the name of the game is the only way to let people know what the game is about and is not illegal. On what basis did they sue you? It doesn't sound to me that they have anything legitimate.
All those leaving negative comments need to realise this guy LOVES Pokemon and that could have been me or you. Is it politically correct for a company to want you to rave, publicise, dramatise and in essence give them free publicity and yet not be able to at least use the mere basic content they have thrown in your face since 1999 in your favour at some point? A lot of gamers may have given them 4 grands worth of publicity in that time but rules are rules eh? So I can download and talk over Fallout 4 video's and upload it to YouTube and earn money from the 'subjective opinion' where I talk at least every 20 seconds during the video however he cannot hold a 'themed party' because he used their logo? Oh so when advertising suits them it's fine but fuck having fun with it? All of you that dropped negative comments can now be quiet, he got the money and can hopefully breathe a sigh of relief. I don't even know the guy but some of you are just rude. Where is the harm in throwing a Pokemon themed party? He was asking $2 a head and they want $4K how does that even equate. Pull your heads out of your arses please. I would be mortified and so would you so don't think you have the right to say 'it's because you are a dickhead it happened' - an innocent party. Don't be a keyboard warrior.
@mark_goyette (the guy who said "Reported for violating GoFundMe's legal defense fund policies. Pay it yourself. ") - You are a moron, the terms say GoFundMe will not allow "Campaigns in defense of formal charges or claims of heinous crimes, violent, hateful, sexual or discriminatory acts" This does not fall into any of those categories. It doesn't surprise me that such a vindictive person would also be an idiot
Way to go nintendont. Way to treat your fans. Companies should encourage not-for-profit fan fun that simply promotes their product. They should want happy fans, excited fans, and any little bit of free *positive* publicity they can get. Unfortunately, they don't think with reason. And now, they get some negative publicity.
This could've happened to anybody, this is nothing different than a mother throwing a party for her child and asking for donations from other families. This guy didn't make money out of the ordeal, and you fanboys are throwing stones like you're going to get a pat on the head from TPC for saying this garbage. Any company worth it's salt sees something like this and at the very high end of the spectrum uses a cease and desist order, not a $4,000 fine. I'm pretty sure Pokemon is such a common thing it's used all over the place without a second guess. It's not like someone is making a video game using their names and logos...
Ignore the mean comments, people forget that under the businesses, there are people with hearts. Yeah you technically broke the law, but you did it with good intentions. They should of just slapped you with a warning, and worked out some kind of a deal. What I mean by a deal is either terminating the event, or working out some legal way of hosting it. Even worse is the fact that they made you cancel it the day BEFORE rather than earlier. A lot of people were bummed out about not going, and paying for it.. I also want to say how SICK I am of Nintendo always shooting its self in the foot! It's like no matter what happens, they are going to regress backwards. They need to STOP being so difficult, and just do what the fans want. I get that they are their own company and that they can do what they wanted, but I feel like Sony is so much better these days, because they give us more of what we want. Nintendo should get with the times... which hurts to say.. It will always be my childhood.
Your full of sh--. They have to send you a beast and desist letter. You can't file any lawsuit without and attempt to dissolve the situation. I'm guessing your trying to sucker people into your scam.
I will be making sure my kids don't go anywhere near Pokemon.
Hey, congrats on getting your funding. Pay no attention to the letter-of-the-law losers in the comments. Sounded like a fun party.