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Does my Pokemon Go book infringe with trademark laws?

by Becky5
8 replies
Hi guys,

I jumped on the Pokemon Go hype and published a "Pokemon Go Beginner Guide" on Kindle (Amazon).

Now I realized there could be some legal issues. I think I am not even allowed to have that ebook published cause I checked TESS now (yes I know a bit late) and it says electronic publications are included to trademark rights.

See here -->

What I don´t understand is, is it just the logo "Pokemon Go" that I am not allowed to use or am I also not allowed to have a guide at all?

I would really appreciate it if anybody could help me.


Link to TESS: TESS
#book #infringe #laws #pokemon #pokemon go #trademark
  • Profile picture of the author afilmarket
    Originally Posted by Becky5 View Post

    Hi guys,

    I jumped on the Pokemon Go hype and published a "Pokemon Go Beginner Guide" on Kindle (Amazon).

    Now I realized there could be some legal issues. I think I am not even allowed to have that ebook published cause I checked TESS now (yes I know a bit late) and it says electronic publications are included to trademark rights.

    See here -->

    What I don´t understand is, is it just the logo "Pokemon Go" that I am not allowed to use or am I also not allowed to have a guide at all?

    I would really appreciate it if anybody could help me.


    Link to TESS: TESS
    Hi Tess

    The rules on trademarks will vary slightly depending on which country you're publishing your work in. That being said, despite the small variations, you are clearly infringing a trademark if you use the Pokemon Go logo without their permission, and having paid a licence fee. I would recommend removing it immediately.

    I would imagine that you will not be infringing any intellectual property if you publish a guide, however, make sure not to copy any text or images from another source, unless you have done so with explicit written permission, and having a licence agreed. Be careful not to infringe any copyright and trademarks.

    Does this make sense?
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    • Profile picture of the author Becky5
      Originally Posted by afilmarket View Post

      Hi Tess

      The rules on trademarks will vary slightly depending on which country you're publishing your work in. That being said, despite the small variations, you are clearly infringing a trademark if you use the Pokemon Go logo without their permission, and having paid a licence fee. I would recommend removing it immediately.

      I would imagine that you will not be infringing any intellectual property if you publish a guide, however, make sure not to copy any text or images from another source, unless you have done so with explicit written permission, and having a licence agreed. Be careful not to infringe any copyright and trademarks.

      Does this make sense?
      Thanks for repying. That is exactly what I am unsure about. Am I at all allowed to have an electronic publication out as they filed for trademark...?
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      • Profile picture of the author DABK
        If they have not filed for trademark yet, you don't have problems. Yet.

        If they have, and I'm willing to be they have, you have problems IF you are using the trademark. If you create a guide that does not include the trademark and/or images you do not own, you don't have a problem. Unless you're copying someone else's guide.

        In other words, you don't have issues if you have original (as in, you own all the rights to) content.

        Wouldn't you be better off discussing this with an attorney specializing in this area of the law?

        Originally Posted by Becky5 View Post

        Thanks for repying. That is exactly what I am unsure about. Am I at all allowed to have an electronic publication out as they filed for trademark...?
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      • Profile picture of the author afilmarket
        Originally Posted by Becky5 View Post

        Thanks for repying. That is exactly what I am unsure about. Am I at all allowed to have an electronic publication out as they filed for trademark...?
        What DABK says below is solid advice. Which country are you based in? If it's the UK, the Gov.UK webiste has lots of useful information about intellectual property (IP).
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  • Profile picture of the author Kay King
    Sometimes you look at the solid advice - and then at the real life results - and go....

    "Huh?" Do a search on Amazon for books that use "Pokemon Go" in the title....quite a few of them on Kindle.

    I looked at the "preview" of the "best selling" ebook....interesting comments about trademark at the bottom of the "introduction". Unique approach....check out the free preview of this book (not affiliate link, of course)...

    https://www.amazon.com/Pokemon-Go-Ul...rds=pokemon+go

    If a book about a product serves only to lead people to THAT product....maybe 'infringement' isn't a big for the owners of the trademark?

    Don't know but it's curious. (and, yes, the trademarks are in place).
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  • Profile picture of the author newxxx
    here's an article on trademark disclaimer

    (i am not a lawyer nor am i pretending to be one)

    The Role of Disclaimers in Avoiding Trademark Infringement

    .
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  • Profile picture of the author aizaku
    i wouldnt have done that..

    sure, no one is bothering you now or those other authors..

    but why put your asset in such a precarious situation

    -Ike Paz
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  • Profile picture of the author BradVert2013
    Did anyone check the Pokémon website? They spell out their policies pretty clearly.

    3. INTELLECTUAL PROPERTY, SERVICE CONTENT, AND USER SUBMISSIONS. Unless otherwise noted, all content on the Service, including articles, artwork, screen shots, graphics, logos, downloads and other files, is the property of Pokémon and is protected by United States and international copyrights, trademarks and other intellectual property laws. Trademarks and copyrights for third-party games and characters are owned by the companies which market or license those products. Because we receive thousands of such requests, our policy is to decline use of our trademarks and copyrights. You acknowledge and accept that you have no property or other rights in any content on the Service, including but not limited to content that you may have created or developed including “Trainer Images”, screen names, game scores, the content of chats and other messages submitted to a Service or to us directly.
    Terms of Use | Pokemon.com

    My personal opinion is you're on thin ice. The only person who can really give you an answer with any certainty would be an intellectual property lawyer.

    Just my two cents.
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