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Pokémon controversy: Difference between revisions
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In December 1999, he told news outlets that he was planning to sue Nintendo. Geller retained lawyers in Tokyo and the United States, and told news outlets that he was pursuing legal action in "Europe, America, Latin America and Australasia". In the US, his lawyer said they were planning to sue for US$100 million. When reached for comment, Nintendo in Japan told news outlets they had not yet received the lawsuit.<ref name="Guardian">[https://www.theguardian.com/uk/1999/dec/29/2 Nintendo faces £60m writ from Uri Geller | UK News | The Guardian] ([https://archive.today/XkBzu archived copy])</ref> Nintendo told news outlets "None of the Pokémon characters is given a name based on the image of any particular person".<ref>[https://web.archive.org/web/20070224021819/http://news.zdnet.co.uk/emergingtech/0,1000000183,2076058,00.htm Uri Geller sues Pokemon | ZDnet]</ref> When VICE investigated the case in 2018, they were unable to find any evidence of Geller ever filing a lawsuit in Japan, although they were unable to contact the Japanese lawyer who Geller had retained.<ref name="VICE">[https://www.vice.com/de/article/pa947m/uri-gellers-kampf-gegen-pokemon-kadabra-nintendo Uri Geller vs. Kadabra: Die bizarre Geschichte hinter der verschwundenen Pokémon-Karte | VICE] (in German)</ref> | In December 1999, he told news outlets that he was planning to sue Nintendo. Geller retained lawyers in Tokyo and the United States, and told news outlets that he was pursuing legal action in "Europe, America, Latin America and Australasia". In the US, his lawyer said they were planning to sue for US$100 million. When reached for comment, Nintendo in Japan told news outlets they had not yet received the lawsuit.<ref name="Guardian">[https://www.theguardian.com/uk/1999/dec/29/2 Nintendo faces £60m writ from Uri Geller | UK News | The Guardian] ([https://archive.today/XkBzu archived copy])</ref> Nintendo told news outlets "None of the Pokémon characters is given a name based on the image of any particular person".<ref>[https://web.archive.org/web/20070224021819/http://news.zdnet.co.uk/emergingtech/0,1000000183,2076058,00.htm Uri Geller sues Pokemon | ZDnet]</ref> When VICE investigated the case in 2018, they were unable to find any evidence of Geller ever filing a lawsuit in Japan, although they were unable to contact the Japanese lawyer who Geller had retained.<ref name="VICE">[https://www.vice.com/de/article/pa947m/uri-gellers-kampf-gegen-pokemon-kadabra-nintendo Uri Geller vs. Kadabra: Die bizarre Geschichte hinter der verschwundenen Pokémon-Karte | VICE] (in German)</ref> | ||
In November 2000, it was reported that Geller had begun legal action against Nintendo in Los Angeles federal court, for using his likeness (Kadabra) on Pokémon cards without authorization. It was reported that his lawsuit alleged he should <ref name="BBC">[http://news.bbc.co.uk/2/hi/entertainment/1003454.stm BBC News | ENTERTAINMENT | Geller sues Nintendo over Pokémon] ([https://archive.today/AhjVR archived copy])</ref> When VICE researched the case in 2018, they were only able to find documents filed from 2001 to 2003.<ref name="VICE"/> | In November 2000, it was reported that Geller had begun legal action against Nintendo in Los Angeles federal court, for using his likeness (Kadabra) on Pokémon cards without authorization. It was reported that his lawsuit alleged he should receive substantial damages and that Nintendo cease producing cards containing his likeness.<ref name="BBC">[http://news.bbc.co.uk/2/hi/entertainment/1003454.stm BBC News | ENTERTAINMENT | Geller sues Nintendo over Pokémon] ([https://archive.today/AhjVR archived copy])</ref> When VICE researched the case in 2018, they were only able to find documents filed from 2001 to 2003.<ref name="VICE"/> | ||
In 2001, Geller, along with Lichtenstein company Sambracal AG (who own the rights to Geller's name and likeness), sued Nintendo, arguing that the use of his likeness in Kadabra violated his rights under California's privacy laws. However, the judge ruled that as he was not a citizen or resident of the United States (he is a citizen of Israel and the United Kingdom who lived in the United Kingdom at the time), he was not eligible for protection under these privacy laws, so he could only sue under privacy laws in the United Kingdom, but no such laws existed that would protect him in this case; that part of the case was dismissed on August 16, 2001, but Geller continued to sue arguing that the cards violated the trademark rights to his own name. In November 2002, a judge dismissed Geller's trademark claims against Nintendo of America, ruling that there was insufficient evidence that Nintendo of America was involved in the distribution of Japanese language Kadabra cards in the United States (since only the Japanese language cards bore a similarity to Geller's name); since the Japanese language cards were only intended to be distributed in Japan, only Japanese trademark law could be applied, but Geller did not own a trademark on his name in Japan. On March 3, 2003, Geller's lawsuit was dismissed by the judge.<ref name="VICE"/> | In 2001, Geller, along with Lichtenstein company Sambracal AG (who own the rights to Geller's name and likeness), sued Nintendo, arguing that the use of his likeness in Kadabra violated his rights under California's privacy laws. However, the judge ruled that as he was not a citizen or resident of the United States (he is a citizen of Israel and the United Kingdom who lived in the United Kingdom at the time), he was not eligible for protection under these privacy laws, so he could only sue under privacy laws in the United Kingdom, but no such laws existed that would protect him in this case; that part of the case was dismissed on August 16, 2001, but Geller continued to sue arguing that the cards violated the trademark rights to his own name. In November 2002, a judge dismissed Geller's trademark claims against Nintendo of America, ruling that there was insufficient evidence that Nintendo of America was involved in the distribution of Japanese language Kadabra cards in the United States (since only the Japanese language cards bore a similarity to Geller's name); since the Japanese language cards were only intended to be distributed in Japan, only Japanese trademark law could be applied, but Geller did not own a trademark on his name in Japan. On March 3, 2003, Geller's lawsuit was dismissed by the judge.<ref name="VICE"/> | ||