The Department of Homeland Security`s (DHS) recent video, which controversially featured Ash Ketchum from Pokémon to promote ICE operations, has drawn considerable criticism. The Pokémon Company`s former Chief Legal Officer, Don McGowan, stated he “wouldn`t touch” such a campaign, offering insights into why the company might choose to avoid legal action.
Earlier this week, DHS posted a video on X (formerly Twitter) showcasing a compilation of arrests. The footage, depicting ICE agents apprehending individuals in their homes and cars, was interspersed with clips from the original Pokémon TV series. The video prominently featured the iconic “Gotta catch `em all” theme playing in the background. As Ash Ketchum looked skyward, the text “The Department of Homeland Security” appeared on screen in Pokémon`s signature yellow-and-blue font. A Poké Ball then closed, with the camera zooming in on handcuffed wrists. The controversial video concluded by presenting images of arrested individuals as Pokémon cards, detailing their alleged crimes beneath their pictures.
This appropriation of beloved intellectual property sparked widespread outrage among fans, many of whom promptly urged The Pokémon Company to sue DHS. However, Don McGowan, who previously held a senior legal position at the company, explained to IGN why legal proceedings are unlikely.
McGowan outlined several compelling reasons for The Pokémon Company`s probable inaction. Firstly, he highlighted the extreme publicity-shyness of The Pokémon Company International, noting their preference for the brand to stand on its own without media controversy. Secondly, he pointed out that many of the company`s US executives are green card holders, making a direct legal confrontation with a powerful government agency like DHS a particularly delicate and risky endeavor. McGowan, despite his own reputation as a “trigger-happy” Chief Legal Officer, emphasized that even he would steer clear of this situation, predicting that the controversy would likely “blow over in a couple of days.”
While not indicating legal action, The Pokémon Company has officially confirmed it did not authorize the use of its intellectual property. In a statement provided to Eurogamer, the company clarified: “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.”