Pokémon Card Counterfeiting Case Heads to Trial in Spain, Prosecutor Seeks Acquittal
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A trial is set to begin in a Vía Alemania Criminal Court concerning allegations that two businesswomen attempted to commercialize counterfeit Pokémon cards, potentially causing Nintendo an estimated economic loss of €345,000. Despite the company’s pursuit of jail time and substantial fines, the Public Prosecutor’s Office is recommending acquittal, citing a lack of evidence.
Investigation Launched in March 2022
The case originated in March 2022 when the Civil Guard intercepted a shipment at a courier company in Palma containing 1,500 cases of Nintendo-Pokémon branded cards. Authorities determined the cards were not authentic and lacked the necessary authorization for distribution. The shipment reportedly originated from a company in Fuenlabrada, Madrid, and was destined for a businesswoman operating out of Polígono Son Castelló in Palma.
Prosecutor Questions Evidence, Recommends Dismissal
However, the Prosecutor’s Office investigation revealed significant discrepancies. According to reports, the alleged sending company denied any involvement with the shipment and confirmed it does not sell Pokémon cards, nor does it have customers in the Balearic Islands. Furthermore, the receiving company had been deregistered from the commercial register since 2018. A search of the recipient’s premises by the Civil Guard reportedly yielded no evidence of counterfeit goods.
“Based on the findings, there is insufficient evidence to support the charges,” a senior official stated. “The Public Ministry believes pursuing this case would be unwarranted.”
Nintendo Seeks Stiff Penalties
Nintendo, however, maintains that both women are responsible for a crime against industrial property. The company is requesting prison sentences of two and three years, alongside fines of €12,000 and €6,750, respectively. The severity of Nintendo’s requested penalties underscores the company’s commitment to protecting its intellectual property and combating the proliferation of counterfeit merchandise.
The trial’s outcome will likely set a precedent for future cases involving intellectual property rights and the sale of counterfeit goods within Spain. The court will need to weigh the evidence presented by both sides and determine whether the prosecution can prove beyond a reasonable doubt that the accused knowingly engaged in the commercialization of counterfeit Pokémon cards.
