Monday, November 22, 2021

Non-Trademark Substitutions for Pokémon Names?

In two occasions, as in two posts on this blog, I've noted that the names of Pokémon are also trademarks. That means their usage in very specific cases - which may have to do with certain formal linkages and not just casual reference - may carry a legal aura about it, and not necessarily a pretty one. In those cases, substitute descriptions for those names may have to be found in order to not reference them directly, even though they are referenced by certain other means. It's a tall order legally, but it may be done.

Two words that are likely to be used in those substitutes are "creature" and "monster", the latter owing to the origin of the word "Pokémon" itself and the former as a general descriptor for fanciful beings no matter what they may be. Other parts of the substitute descriptions may involve the recalling of familiar animals or organisms that resemble all or part of the species being referred to, such as "monkey" for Aipom. To further bolster the indirect reference, certain qualifiers of the behaviors of the species may be added, like "thunder" for Pikachu. In this way, the substitute descriptions may step around the legal barrier but retain specificity.

Actually, there is a reason that I decided to discuss the matter. Someone I know very well makes artwork based on Pokémon, but for the actual exchange involving the artwork - particularly for the purpose of owning a copy - the substitute descriptors have to be utilized. It's a touchy matter, so I cannot say any further who that friend is and where and how it happens. What is clear is that the substitute descriptors are used, and they're rather fanciful. I'm tempted to include them here specifically, but that would defeat the above intent. It still cannot be doubted that the substitution can and does happen.

What is apparent is that there are quite a few legal matters associated with Pokémon, and the trademarked species names is just one of them. In certain situations, it may be that the species names pose a certain usage problem that necessitates them to be replaced by specific descriptors that only vaguely relate to the species. It's not exactly an elegant solution for the matter, but to a certain extent, it may be supposed that it does work in sidestepping the legal issues that may crop up with the use of the names in those situations.

Two years ago: Everyone's Contributions
Three years ago: So Little and So Much
Four years ago: A Pokémon Menu

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