When it comes to protecting their brand, perhaps no company does it better than The Pokemon Company. Known for being strict with its branding and intellectual property, The Pokemon Company aggressively protects its trademarks and copyrights, often forcing fan projects that use official art, names, or likenesses without permission to shut down, even if they're non-commercial.
So when the Department of Homeland Security posted a video on its official social media channels using the Pokemon theme song and imagery to promote catching illegal immigrants, some eyebrows were rightfully raised.
Set to the official Pokemon theme song, the controversial video posted to the official @DHSgov social channel is a montage of video clips highlighting various illegal immigrants being detained by federal agents, including ICE. In addition to the theme song, which includes the lyrics "Gotta catch 'em all," the video also uses footage from the opening credits of the Pokemon anime TV show, including the main character Ash Ketchum. The video ends with mock Pokemon Trading Cards featuring mugshots of men and women arrested by ICE and their alleged crimes.
Given how strict The Pokemon Company is with protecting its franchise, one would think they would immediately issue a cease and desist. But as of right now, the video remains up.
Facing mounting questions, The Pokemon Company International has issued a statement, confirming they were not at all involved in the creation or distribution of the video. They also added that they did not grant permission for Home Security to use their intellectual property. The statement reads:
“We are aware of a recent video posted by the Department of Homeland Security that includes imagery and language associated with our brand. Our company was not involved in the creation or distribution of this content, and permission was not granted for the use of our intellectual property.”
The video has received mixed responses, presumably divided along party lines. Those against the video have pressured The Pokemon Company to pursue legal action and have it taken down, but Don McGowan, Pokémon's veteran ex-legal chief, told IGN that any legal action is unlikely.
"I don't see them doing anything about this for a few reasons," McGowan told IGN. "First, think of how little you see [The Pokémon Company International]'s name in the press. They are INSANELY publicity-shy and prefer to let the brand be the brand."
"Second, many of their execs in the USA are on green cards," he continued. "Even if I was still at the company I wouldn't touch this, and I'm the most trigger-happy CLO [Chief Legal Officer] I've ever met. This will blow over in a couple of days and they'll be happy to let it."
As of this writing, the video remains posted and available to view.