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21 December 2017Copyright

Pokémon wins A$1 in Australian copyright dispute

Pokémon Company International, the US-based entity which manages the brand’s IP, has won a copyright infringement lawsuit against online marketplace Redbubble.

Pokémon sued Redbubble in April last year, alleging that the online marketplace was infringing its copyright by using Pikachu, one of its main characters, on products such as clothing.

A week-long hearing was conducted in September and the judgment was issued on Tuesday, December 19.

The Federal Court of Australia found in favour of Pokémon on infringement, but declined to enter an injunction against Redbubble and awarded Pokémon nominal damages of just A$1.

According to The Sydney Morning Herald, the judge awarded nominal damages because the designs were not available for purchase within the official Pokémon universe and would not have yielded royalties.

“Many of the items sold through the Redbubble website involved a 'mash up' of images, such as the combination of Pikachu and Homer Simpson,” said Justice Pagone, the newspaper reported.

In a filing with the Australian Stock Exchange, Martin Hosking, Redbubble CEO, said the company remained focused on creating the leading marketplace for independent artists.

“We are pleased that the judgment recognises the reasonable steps that Redbubble takes to prevent infringements occurring on the platform,” he said.

Hosking added that the company always respects the rights of content owners and continues to work with them to fight infringement and piracy.

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