Which would undercut intent (though, intent isn't required to establish infringement - it can result in greater legal consequences, though.)Īnyway, they are free to litigate it if they choose to. There's also enough difference that they can reasonably argue they did due diligence to specifically avoid infringement. The standard for that is higher than some appear to assume. And that this association is harmful to or infringing upon the Pokemon IP. To establish standing, you'd have to show that a reasonable person could look at this game and assume these are actually literally Pokemon, and that this is a Pokemon affiliated product. (Yes, again, I've looked at the side-by-sides. The game is very explicit in calling them Pals, not Pokemon, and appears to take care in avoiding identical names or designs. If one can reasonably comprehend that those aren't smurfs, then one can also reasonably comprehend that these aren't literal Pokemon. In this case, many people are calling them literal pokemon and making direct comparisons. and the Smurfs IP holder would have a very difficult time taking legal action against it.īut the thing is, people would know that those aren't really smurfs. But precisely because they don't have the same names or literally identical designs, it's transformative, referential, satirfical, etc. Everyone fully understands it's an intentional reference to Gargamel and the Smurfs, and there are clear visual similarities between them. It's like Garglesnot and the Murphs in Tiny Tina. Particularly since the premise of the game is similarity to Pokemon but more graphic and set in a survival crafting mechanical framework. (People have offered a few decent examples in this topic.) They would have to demonstrate literal infringement, not just similarity. If it were, a lot of IP wouldn't exist or would have been litigated out of existence by now. But again, similarity - even great similarity - is not sufficient, particularly if in a transformative, critical, satirical, or referential context. Ps We'll be sending additional updates once the dust settles.I'm aware. Thank you so much for your support and patience it's been a long road and we are so excited to be sharing this moment with all of you, This is a huge release for any studio let alone three people and at this time we expect to be VERY busy over the next couple days. Please, continue to send us your feedback, every bit of it helps us make Praey for the Gods even better. We would like to thank everyone for the time taken to give feedback, with your support we were able to make Praey for the Gods the game it is today. If you have any questions on your region please reach out to us over PM before selecting your region. Sony backers - you will need to select your region as Sony keys are region locked. Emails from Humble will be going out in waves over the course of the next few hours. I imagine in most cases like this the email could be filtered into junk, or spam so please be sure to check those areas. Humble is in the process now of sending out keys, in which emails will be sent to console backers to access their keys. We are incredibly excited to announce that Praey for the Gods V1.0 is now available on PS4/PS5/Xbox/Steam! This update contains the final 2 boss battles, the complete story from beginning to end and all Achievements! There is also a substantial amount of optimizations, bug fixes, quality of life updates, thanks in large part to all the great feedback we have received through out Closed Alpha, Closed Beta, and Early Access.
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