Legal Question in Intellectual Property in Washington

I am attending a tradeshow in October and was thinking about going with a Pokemon Go theme for my booth and taking pictures of the tradeshow attendees with Pokemon stuffed animals like Pikachu, Evee, etc. I was also going to hand out Pokemon Pokeballs to everyone who got their picture taken. Are there any legal issues with having a Pokemon theme for the event and handing out the Pokeballs? Just want to make sure there are no issues surrounding infringing any trademarks, names, IPR or licences. I am sure that Pokemon will be a registered name along with a lot of the characters in Pokemon so the last thing we want is any legal action for impeding the trademarks etc.


Asked on 8/24/16, 11:56 am

1 Answer from Attorneys
John Mitchell Interaction Law

Yes. There are legal issues. Probably more expensive that a Pokeball. Unless you get a license from the TM holder, its lawyers will have a lot of fun with you -- at least if they believe you have enough assets to go after. The action would not be for "impeding" trademarks, but for "infringing" it. Then again, the TM holder may not care, or might be flattered. But generally, if anything you do without the TM holder's permission suggests affiliation or sponsorship, watch your back. Handing out a trademarked product is no big deal. Creating the "theme" suggesting some relationship more than just handing out the product will be what has them calling their lawyers. If you want to go through with it, spend some money on legal guidance, but still be aware that some TM owners will go after stuff that's not really infringement if they don't like it.

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Answered on 8/24/16, 9:16 pm


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