Palworld and its developers are not out of the woods yet amid the ongoing legal battle with Nintendo and The Pokémon Company regarding a patent infringement lawsuit. Nintendo apparently has a strong case. However, a new development has arisen in this legal battle. One attorney even claimed that an 8-year-old GTA 5 mod could tip the favor towards Palworld depending on how the court sees it.
Ryo Arashida, a representative attorney from Patent Attorney Corporation Siarasia is the lawyer in question. According to Nikkei Business Online, Arashida posits that a GTA 5 mod that crosses over Pokémon characters to the Rockstar Games title could render Nintendo and The Pokémon Company’s legal action invalid.
The mod, which likely refers to this one, introduces blatant Pokémon and Pokémon mechanics to GTA 5. There’s even a Pokémon capturing mechanic using spheres similar to Poké Balls. Aside from that, there’s also an Ash apparel in the mod. The modders didn’t exactly try to disguise the resemblance.
It’s worth noting that the capturing mechanics of the GTA 5 Pokémon mod is similar to the one in Nintendo’s Patent No. 7545191.
The GTA 5 Mod Might Invalidate Nintendo’s Legal Action
Thus, Arashida points out that “there is a possibility that the GTA 5 Pokémon mod will be recognized as a precedent by the court.” The court can then nullify Nintendo and The Pokémon Company’s lawsuit against developer Pocketpair (Palworld). For reference, the aforementioned GTA 5 Pokémon mod was released in 2016.
However, seeing as Nintendo and The Pokémon Company’s patent is valid only in Japan. It likely won’t have any legal strength in the US. That means the argument for the GTA 5 mod invalidating Nintendo’s legal action isn’t exactly watertight.
That will depend entirely on the court’s decision or how Palworld‘s legal defense will handle the potential angle. At the moment, the Nintendo lawsuit is ongoing.