How did a giant like Nintendo lose control over Jigglypuff? How does neglecting intellectual property protection lead to costly losses? This case is a powerful reminder that trademark registration is more than a formality—it demands a strategic approach woven into your business plan. It requires collaboration between business owners, economists, and patent strategists to avoid joining the infamous list of failures like Thermos, Aspirin, Photoglass, or Lviv Yeast, which I cover in my lectures for economists.
The U.S. approach to copyright and character name protection differs from that in the EU, Ukraine, or post-Soviet countries. Business owners and economists must factor this into their strategies. I’ve discussed fictional trademarks like Labubu in my video—check it out for more insights. Now, let’s explore this U.S.-based story.
Pokémon: From a Cult Game to a Billion-Dollar Empire 💼
Pokémon is more than a game—it’s a billion-dollar business generating revenue for Nintendo since 1996. From toys and clothing to jewelry, Pokémon dominates the market. Yet, even giants face legal pitfalls.
Nintendo recently lost a case over the Super Mario trademark and is now battling Pocketpair over Palworld. Their latest challenge? A dispute over Jigglypuff, revealing a flaw in their strategy. This case underscores that trademark registration isn’t a quick fix—it requires a strategic approach integrated into your business plan, with teamwork from owners, economists, and patent strategists. Otherwise, you risk joining the list of failures like Thermos, Aspirin, Photoglass, or Lviv Yeast.
Business Tip: Have a unique brand name, product, or character? Names and logos are valuable assets that distinguish you. Don’t wait—verify their protection and include them in your business strategy! Recall the Italians who registered the Steve Jobs trademark in the EU. Act now!
Jigglypuff: When a Character’s Name Sparks Trouble ⚖️
Jigglypuff, an iconic Pokémon character from the first generation, appears in games, anime, merchandise, and even jewelry. You’d assume Nintendo secured its trademark long ago—but they didn’t.
In 2022, Yiwu FeiMeng Jewelry Company, a Chinese firm, registered “Jigglypuff” in Class 14 (jewelry) with the USPTO. How did this happen? Nintendo relied on “common law rights”—rights gained through long-term use without formal registration. This left them exposed, allowing another company to legally claim the character’s name.
Nintendo’s Legal Fight: Reclaiming Their Rights 🛡
On April 22, 2025, Nintendo filed a petition with the USPTO to cancel Yiwu FeiMeng’s registration. They argue that Jigglypuff is synonymous with Pokémon due to decades of use in games, licensed products, and marketing. Despite lacking a federal trademark (listed as “NONE”), Nintendo leverages the brand’s strong recognition.
Their main argument: Yiwu FeiMeng likely hasn’t used the trademark commercially, weakening its registration. Additionally, “Jigglypuff” is so distinctive that consumers associate it with Pokémon, not jewelry, creating a “likelihood of confusion” that bolsters Nintendo’s case.
Business Tip: If a competitor registers your trademark, don’t panic—but act swiftly. In the U.S., you have five years to challenge a registration on certain grounds. Keep records of your brand’s use (contracts, ads, sales)—they’re your key to winning in court.
What’s Next? Predictions and Strategies 📊
Nintendo is managing multiple IP disputes, but the Jigglypuff case seems winnable. The name “Jigglypuff” is unique, and the jewelry company’s chances are slim. Yiwu FeiMeng had until June 1, 2025, to respond to the USPTO. If Nintendo wins, they’ll likely register the trademark themselves.
This case is a warning for all businesses. Failing to secure trademark registration risks losing control of your brand. Even giants like Nintendo stumble. Let’s learn from their mistakes and prioritize intellectual property protection in our business strategies. 🌟🚀
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