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Pokemon Forum
Pokemon Forum
Would it be legal to create a Pokemon forum where people can gather and discuss things about the game? I realize Nintendo are quite up tight about this sort of thing, but it isn't exactly harming them/ their business in any way.
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Hi plshelp
Creating a forum to discuss a subject like Pokémon wouldn't infringe copyright, such as it is, in the Pokémon characters or cards. The main issue would be to avoid trade mark infringement or passing off. Since I assume that you would not be creating the forum in the course of trade (which seems unlikely), trade mark infringement really shouldn't arise, so passing off is the main thing to guard against. You can do this by making it very clear that the forum is not provided, authorised or sponsored by Nintendo, and acknowledge their trade marks. That way you can avoid any allegation of misrepresentation.
Be prepared for Nintendo to react, but assuming you follow the precautions outlined here, you should be able to fend off any empty threats they may make.
Creating a forum to discuss a subject like Pokémon wouldn't infringe copyright, such as it is, in the Pokémon characters or cards. The main issue would be to avoid trade mark infringement or passing off. Since I assume that you would not be creating the forum in the course of trade (which seems unlikely), trade mark infringement really shouldn't arise, so passing off is the main thing to guard against. You can do this by making it very clear that the forum is not provided, authorised or sponsored by Nintendo, and acknowledge their trade marks. That way you can avoid any allegation of misrepresentation.
Be prepared for Nintendo to react, but assuming you follow the precautions outlined here, you should be able to fend off any empty threats they may make.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007