pokemon prosecution persists —

Pokémon party organizer: we’ve got no money and were sued without warning

"I just think it’s something that got blown super out of proportion."

Official Pokémon booth at PAX Prime.
Official Pokémon booth at PAX Prime.

Ramar Jones was in for a shock last week when his attempt to create a Pokémon-themed party led to a federal lawsuit. In an interview with Seattle's Geekwire, Jones said the news of the lawsuit came to him with no warning.

"Unfortunately, there was never a letter, a cease-and-desist or anything," Jones said. "We would have stopped it."

Ramar Larkin Jones
Jones was in the middle of decorating for the party, which was timed to be just before the big PAX Prime gaming conference. Once he heard about the lawsuit, he canceled the party and refunded all 200 of the partygoers, who had paid $2 each for the privilege of attending.

One of the posters Jones created included pictures of Pikachu and Snivy, two characters from the Pokémon universe. That poster was cited by Pokémon lawyers in their complaint.

Jones still has no idea whether The Pokémon Company (TPC) and its lawyers at Davis Wright Tremaine intend to go after him for damages. Court records show the case hasn't been dismissed. Copyright law allows for massive statutory damages, ranging up to $150,000 for willful infringement. Damages can apply even when the copyright owner didn't suffer any harm. TPC didn't respond to Geekwire's request for comment.

Jones hasn't spoken to anyone at the company. A second defendant who was named in the suit, Zach Shore, is a manager at the host bar, and Jones said Shore had nothing to do with the event.

“PAX is a huge thing for Seattle,” Jones said. “A lot of people get in on Thursday night and it’s just cool to have geeky gamer parties. That’s, like, what we do.”

Jones, a Pokémon fan since he was a kid, said he wouldn't have made any profit off the party in any case. He's put on the party every year since 2011 and has lost money on it each year.

“I think the big miscommunication about this event is that we were making money,” Jones told Geekwire. “I understand where [The Pokémon Company] is coming from. I really wish they would have reached out with an e-mail or something first. I think they saw something and jumped to the conclusion of, ‘Oh, there’s a person making money off Pokémon.’ That’s not the case. I just think it’s something that got blown super out of proportion."

Channel Ars Technica