Peruvian company fined over S/31,000 for selling unauthorized Pokémon plushies

Peru's National Institute for the Defense of Competition and Intellectual Property (Indecopi) has fined Representaciones Tres Hermanos S.A.C. more than S/31,000 for importing and attempting to commercialize unauthorized Pokémon merchandise. The ruling came after Nintendo of America Inc. filed a complaint regarding the importation of plush keychains featuring the iconic characters Charmander, Bulbasaur, and Squirtle.

The Copyright Commission of Indecopi declared the complaint partially founded, determining that the Peruvian company violated Nintendo's patrimonial rights by importing products that reproduced copyrighted works without permission. The fine amounts to 5.77 tax units (UIT), equivalent to S/31,735. Additionally, the authority ordered the definitive confiscation of the seized merchandise, totaling 4,800 units, which included 1,600 keychains of each of the three initial Pokémon.

The legal process began in August 2025 when Nintendo alerted authorities to the unauthorized imports destined for the Peruvian market. Indecopi's Directorate of Surveillance conducted an inspection in October 2025, leading to the seizure of the goods. Notably, Representaciones Tres Hermanos S.A.C. failed to present any defense or documentation to prove they had authorization to import the items or that they originated from a legitimate source.

While Indecopi found the company liable for infringing copyright, it dismissed Nintendo's claim of a violation of the right of distribution. The commission reasoned that this specific infringement requires the works to have been made available to the public through sale or other commercialization methods. In this case, the keychains were intercepted by surveillance actions before they could enter the Peruvian market, meaning there was no evidence of them being offered or sold to consumers.