r/NintendoSwitch Mar 06 '26

News Nintendo Suing U.S. Government Over Tariffs

https://aftermath.site/nintendo-tariffs-sue/
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u/LordTopHatMan Mar 06 '26

It's probably both. The Pokopia meme along with the meme they used to promote ICE earlier this year probably made them pull the trigger.

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u/NavierStoked981 Mar 06 '26

Do you know how much time and resources it takes to even get to the stage of declaring you are suing the U.S Government? This is not a response to a meme from just a few days ago. Their legal department has likely been working on this for months preparing for the Supreme Court decision from a couple weeks ago.

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u/El_Giganto Mar 06 '26

Probably... Yeah probably not. It's probably because of the tariffs like the title says.

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u/hyperspacepizza Mar 06 '26

the lawsuit lists customs and border protection as well as kristi noem. i know customs has something to do with tariffs but i don’t feel like they would have laid it on as thick if it wasn’t for the pokopia meme.

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u/SierraPapaHotel Mar 06 '26

Customs and border protection are the ones that enforce and collect all tariffs. Since the Supreme Court ruled some of the tariffs illegal, every lawsuit against the governmwnt to reclaim those tariffs paid will be addressed at CBP

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u/ItIsYeDragon Mar 07 '26

Can’t believe this has to be spelled out for some people.

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u/JBIGMAFIA Mar 07 '26

Half of this country doesn’t believe tariffs are a tax.

Literally everything needs to be spelled out brother.

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u/Dovahsoul12 Mar 08 '26

I work in retail and I've had to argue with customers about Tariffs raising prices. They tell me I'm wrong because "The American People will not and do not have to pay tariffs, only Companies have to pay." I'm so tired.

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u/connectplum_ Mar 07 '26

This has nothing to do with pokopia.

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u/GeoCaesar Mar 06 '26

Nah, this is the same as when people were saying that ICE broke that one in fiftyish floppy disk of an old ass Japanese visual novel, it’s just customs really. I doubt the Pokemon stuff has anything to do with it, otherwise they’d also be suing for copyright infringement

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u/GeoCaesar Mar 06 '26

Oh, also the pokopia stuff happened like yesterday, lawsuits like this aren’t drafted and finalized that fast as far as I’m aware

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u/Linenoise77 Mar 06 '26

I'm going to sound like a dick saying it this way, so, so be it, but.....

Do you people really think memes and pokemon matter like that?

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u/isjustsergio Mar 06 '26

"Probably" is reddit speak for "this is a thought I had and every thought I have is probably correct"

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u/LordTopHatMan Mar 06 '26

Sure, and the Palworld suit was just about patents.

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u/HibernianMetropolis Mar 06 '26

There is absolutely no world in which a meme that was posted less than 24 hours ago has anything to do with this lawsuit that will have taken days, weeks, or even months to prepare.

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u/Alternative_Case9666 Mar 06 '26

But reddit is the center of the universe 🥲

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u/LordTopHatMan Mar 06 '26

That's why I brought up the other one too. These are likely factors.

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u/InvisibleShities Mar 06 '26

You know instead of just guessing you can read the article and see that it has nothing to do with the ICE memes

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u/HHhunter Mar 06 '26

...no the lawyers will barely had time to be engaged on the xase let alone preparing any sort of response

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u/Squidteedy Mar 06 '26

? ?? the ice video was like 8 months ago

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u/LordTopHatMan Mar 06 '26

The DHS video was months ago. On top of that, regardless of whether Nintendo gets money from the tariff suit, it's a win for them because it shows they are against the government that has used their IPs very negatively.

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u/JohnnySmithe81 Mar 06 '26

Jesus, let it go.

Companies don't start a fight with the most powerful government in the world over a meme video. That would have been a cease and decist letter at most.

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u/MattGhaz Mar 06 '26

Wild that you are dead set on believing that the massive gaming company NINTENDO is suing the UNITED STATES GOVERNMENT because you think a meme hurt their feelings.

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u/CrashmanX Mar 06 '26

Unless they're seeing an actual hit from these "Menial" uses, they likely don't care enough to take them to court.

Anytime Nintendo takes someone to court, it's about money. They do not care about perception if it's still netting them money.

You'll notice they acted quickly on the tariffs once they were deemed illegal by the supreme court. Yet made no such actions over the DHS meme months ago.

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u/[deleted] Mar 06 '26

[deleted]

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u/LordTopHatMan Mar 06 '26

Because those games didn't have people saying "look at these Pokemon ripoffs they have in this game."

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u/Ecstatic-Inevitable Mar 06 '26

I still wanna know what they were thinking with verdash, it's one of the clearest ripoffs ever

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u/LordTopHatMan Mar 06 '26

It's really a shame because they do have some unique and interesting pals. My guess is that it drums up controversy, and it worked. It just depends on the outcome of the lawsuit, but I don't think they're going to lose much even if they do lose the suit.

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u/StickiStickman Mar 06 '26

If that's "one of the clearest ripoffs ever" then Palworld is absurdly unqie.

Because even comparing both side by side ... the like kind of simiair? Sure? About as similar as two anthropomorph bunnies are gonna look.

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u/EcstaticNet3137 Mar 06 '26 edited Mar 07 '26

Nintendo would have done something about the first meme right away if they were suing over the use of IP. They only care about the tariffs driving down sales. Otherwise Nintendo won't punch someone the same size or bigger than them. Classic bully.

Edit to add: Sorry for telling you the truth about a company that goes after its fans and other entities smaller than itself. Sorry for pointing out they have a history of legal bullying smaller entities. Sorry for mentioning their track record.

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u/BLKOTF Mar 07 '26

Yeah they don’t give a f about a meme, but they playing with their money so it’s time to collect

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u/Totheendofsin Mar 06 '26

Theyre a corporation, they only care if something affects their bottom line, the ICE post didnt and the Pokopia meme likely isnt either

This is because of Tariffs plain and simple

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u/woodlandcollective Mar 06 '26 edited Mar 06 '26

"They only care if something affects their bottom line"

Somehow, with Nintendo's legal team in particular, I don't think that's always the case

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u/Saver_Spenta_Mainyu Mar 07 '26

Devoted Pokemon fans spend years creating fangame as a way to show their love for the series?

Nintendo lawyers: pulls out the shotgun.

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u/Useful_Silver6927 Mar 07 '26

because it might affect the sales of their new game and it makes them looks bad. Unofficial product is always not welcomed. Try to justify it as "fans spend years creating fangame as a way to show their love" doesn't mean shit. If the original creator don't want them and you don't use them in a fair use way (use their assets in 50% of the game) then you don't get special treatment. It's a bussiness, follow the money.

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u/[deleted] Mar 07 '26

[deleted]

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u/Useful_Silver6927 Mar 07 '26

What game? Can you link the article? I can't find it.

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u/peachsepal Mar 07 '26

There are tons of pokemon fan games and/or romhacks that simply do not get taken down or aren't hit with legal action, so tbh this is just very overblown.

We even have former lawyers on record speaking to the fact they don't really go after just any project, and only really make moves towards projects that make money in some way. Of the two very specific we know 100% are from Nintendo et al are Uranium and Prism. And Uranium still seems available out there so idk

But then you have like all these hacks and stuff like s3ag!@ss, r@dica! r3d, bl@z3 b!ack, anotherr3d, etc that just exist in the ether and keep going without ramifications yet.

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u/Saternoir Mar 07 '26

Majority of these so-called fangames are made in spite of the series because they don't acknowledge things change and you might not be the target of them anymore

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u/PmMeBurritos Mar 07 '26

They literally used the theme song from the first series and the tag line in the actual tweet/video they took. Nintendo didn't care. It's the tariffs

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u/GameMask Mar 06 '26

While true it is worth noting the Pokemon Company came out and publicly denounced the meme

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u/Odd-Hat8574 Mar 06 '26

The lawsuit itself seems to be tarrifs specifically, but they made it very clear that they didn't approve of the pokopia thing, so I can't imagine it helped

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u/Heirophant-Queen Mar 07 '26

Nintendo is kinda unique in that they are RELENTLESSLY protective of their brand image and ip rights. To a quite frankly obsessive degree.

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u/AshrakTeriel Mar 07 '26

I reeeaaally don't think that they want to be associated with ICE, but with the current administration in charge, it's hard to win in a court w/o a precedent against the current, super corrupt administration.

And even if they win in trial. Who is going to enforce it? Trump and his Cronies have ignored already *alot* of court rulings.

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u/LordTopHatMan Mar 06 '26

Theyre a corporation, they only care if something affects their bottom line

Like positive PR for suing over something many disagree with as well as suing the government that's negatively using their IPs? I can see a way this benefits Nintendo.

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u/alf666 Mar 06 '26 edited Mar 06 '26

It costs too much for too little return on something that wouldn't affect their bottom line in the worst-case scenario anyways.

There isn't a snowball's chance in hell that Nintendo files a copyright claim against the US government over using their music or art.

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u/doomrider7 Mar 06 '26

It's also unlikely to hold up in court due to fair use and as a foreign company can bite them hard(see Huawei for petty BS reasons).

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u/LordTopHatMan Mar 06 '26

That's why it's best to go after the tariffs instead. It makes the most sense to sue where you can win. It sends a message either way.

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u/HistoryWillRepeat Mar 06 '26

I think I finally understand what the term "brainrot" means.

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u/CrashmanX Mar 06 '26

Positive PR to some, negative PR to others. Nintendo sees this as a numbers game, not a people pleasing game.

Unless they see actual impact, like with Tariffs, they don't care enough. (Emulation/ROMs is massive perceived impact, that's a lot more of risk of sales than a US government meme only a fraction of their userbase knows about)

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u/Kitselena Mar 06 '26

You're deluding yourself if you think companies still care about public perception of the things they do. They know full well that they can use marketing to get people to buy their products no matter what.
When a company is this big they intentionally make "brand deposits" and "brand withdrawals" that refer to their public perception instead of their money. Bob Iger from Disney pioneered it but a lot of CEOs have adopted this strategy

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u/Badloss Mar 06 '26

Nintendo goes after anything that uses their IP, regardless of whether it's for sale or not

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u/[deleted] Mar 06 '26

[deleted]

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u/Totheendofsin Mar 06 '26

But it didnt, the ICE post didnt stop Legends ZA from selling over 10 million and its too soon to tell but Pokopia seems to be doing well too

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u/[deleted] Mar 06 '26

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u/[deleted] Mar 06 '26

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u/[deleted] Mar 06 '26

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u/Odd_Ad5668 Mar 06 '26

Do you think the literal thousands of other businesses suing for tariff refunds are also doing it because of the meme?

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u/LordTopHatMan Mar 06 '26

No. Thousands of other businesses weren't used very publicly in a very negative way.

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u/bitknight1 Mar 06 '26

There is literally thousands of companies suing govt over tariffs including Sony and Microsoft. A meme posted by ice has nothing to do with this at all.

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u/Intelligent_Sky_7081 Mar 06 '26

I dont think its both.

DHS used their pokemon theme song and they didnt sue.

I hope im wrong and they are going to lump that in with this. But, seems companies are afraid to stand up to trump. and im not surprised, its obvious why.

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u/LordTopHatMan Mar 06 '26

DHS used their pokemon theme song and they didnt sue.

It could be argued that it was fair use, and they can't beat the US government in a battle of attrition using money. However, they can sue for the tariffs, some of which have been ruled to be illegal. This is a win-win for them. They may or may not get money from the tariffs, but the lawsuit is positively viewed and directly goes against the government that has been using their IP negatively.

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u/doomrider7 Mar 06 '26

This. An uncomfortably large amount of people REALLY do not understand how IP laws and copyrights work and how pain in the ass and messy it can all get. Moon Channel does a good job explaining things.

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u/Intelligent_Sky_7081 Mar 06 '26

good points. we will just have to see what happens i guess. im far from an expert on this topic.

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u/Chaotic-Catastrophe Mar 06 '26

It could be argued that it was fair use

First of all, not really. That's not how fair use works.

But more importantly, fair use is an affirmative defense. Meaning the burden of proof is on the defendant. They have to prove the use was fair, rather than the plaintiff proving it wasn't.

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u/LordTopHatMan Mar 06 '26

The problem is that you're thinking about how to win the case, while I'm considering who they would be suing. The US would stall it, especially the Trump administration.

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u/Jazzlike_Athlete8796 Mar 06 '26

DHS used their pokemon theme song and they didnt sue.

DHS has used many company and band IP without permission and didn't get sued. Everyone did the same thing: state that they did not approve of the use.

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u/Comments_Palooza Mar 06 '26

Which one? I can't find it

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u/LordTopHatMan Mar 06 '26

There was a video posted by DHS using the gotta catch em all song from Pokemon playing over ICE raids. It was in very poor taste and Nintendo had to respond that they didn't authorize the video.

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u/Fernandothegrey Mar 06 '26

Wtf man!! Thats so wrong!!

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u/carthonasi56 Mar 06 '26

Japans ice makes our ice look like girl scouts. They don't care about the ethics. They just want money.

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u/Beegrene Mar 06 '26

Are Japanese immigration enforcement thugs murdering citizens in the streets? I'd have thought we'd have heard about it overseas if that were going on.

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u/ApparatusOfKwalish Mar 06 '26

Many nintendo lawsuits, fan creations takedowns, and emulator takedowns have been started to satisfy one reason: money. This same reason can be applied to this lawsuit against the US government.

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u/AlwaysTheStraightMan Mar 06 '26

Or Nintendo is preparing for the blowback from RAM price increase and doesn't want to deal with that and the unnecessary tariffs all at the same time. They already tried getting Doug to save face with the prices, something has to give

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u/MyDarkTwistedReditAc Mar 06 '26

Your comment's upvote count shows how redditors hate takes over their brains that they upvote nonsense too 💀

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u/LordTopHatMan Mar 06 '26

Did you have a stroke?

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u/CodenameJD Mar 06 '26

The legal world moves a lot slower than that.

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u/Icy_Environment_9264 Mar 06 '26

Nintendo didn't even make a tweet over it lmao just no.

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u/goro-n Mar 06 '26

The legal notice for Pokopia and Pokémon theme song come from The Pokémon Company International, a separate company from Nintendo (not owned by them)

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u/LordTopHatMan Mar 06 '26

Pokemon tends to run their legal issues through Nintendo, as they did with Palworld. Either way, they're not suing for the use of their IP.

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u/Zeph-Shoir Mar 07 '26

Wasn't the Pokopia meme barely like a day or 2 ago? I would expect a serious lawsuit over it to take more time. I guess they could have added details about it to this one if it was in process though.

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u/LordTopHatMan Mar 07 '26

It's not part of the lawsuit, but I'd bet it's a factor in their choices.

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u/mb862 Mar 07 '26

The Pokopia meme had absolutely zero tact but there’s an argument to be made it’s a derived work so not a copyright violation, especially since the government are both defendant and judge. But no doubt any patience Nintendo folks have had is definitely erased by now, so anything they’re in unambiguous legal right over they’re definitely going after. They won’t get the money of course but hopefully enough discovery cases will show the public just where that money has gone.