What’s the issue, exactly? Well, Pokeprincxss, by using the term “poke” (and thus making an obvious association with Pokémon), offered various products for sale, generating significant profits. Furthermore, the Japanese manufacturer didn’t appreciate the association of its Pokémon with the artist’s activities, which could potentially have a negative impact on the brand’s image. It’s also worth noting that Pokeprincxss operates in the adult entertainment market, offering various videos on erotic and pornographic platforms – and Nintendo doesn’t want to be associated with that industry in any way.
The issue came to light when the artist wanted to register her nickname as a trademark through LegalZoom. Shortly after submitting the relevant application, she received information from the company that Nintendo had filed a lawsuit against her for trademark infringement. The lawsuit included requests, among other things, to cease using her current pseudonym, to change her nickname to Digitalprincxss, and to return all profits related to the sale of products associated with popular Pokémon.
Despite the artist’s assumption that using the nickname she created would be considered fair use and parody of the brand, she lost the dispute on this basis. As a result, Nintendo can celebrate its success, as the Japanese company’s claims in the lawsuit were upheld, and the artist is now operating under the nickname Digitalprincxss.
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