Tom Nook And The IP Rule Book

• Published date: 24 June 2020
• Subject Matter: Intellectual Property, Copyright, Patent, Trade Secrets, Trademark
• Law Firm: Marks & Clerk
• Author: Ms Rebecca Campbell

Rebecca Campbell takes a whimsical look at the impact of virtual interest rate cuts and a lack of IP lawyers in the world of Animal Crossing.

A virtual interest rate change in the Nintendo video game Animal Crossing: New Horizons has made quite the impact in recent months, attracting front page coverage from the Financial Times (FT) in a satirical article. There was much for the newspaper to discuss, as a surprise bank rate cut in a mandatory software update now encourages players to raise money through riskier activities, such as farming poisonous tarantulas and scorpions or investing in the game's turnip Stalk Market. Even Eternal Sunshine of the Spotless Mind and Lord of the Rings actor Elijah Wood has had to diversify, visiting a stranger's island in order to sell his turnips at a higher price. But amongst all this talk of tropical banks and turnips, one intellectual property (IP) nerd can't help but wonder if there are any IP issues facing characters in the game...

Top dog

It was no accident that the FT chose to write about this particular game. The Japanese franchise Animal Crossing is one of the most popular in Nintendo's history. Its latest edition, New Horizons, sold 5 million digital copies in March and broke the console game record for most digital units sold in a single month.

Released shortly before the UK entered a formal lockdown due to Covid-19, its popularity has no doubt been assisted by busy parents trying to maintain sanity and entertain children while working full-time from the dining room table. But the game is not just for children - many adult fans have praised the game's relaxing atmosphere, and readers can surely empathise with the fantasy of getting as much outdoor exercise as one wants.

In the game, players are invited to live in a tropical paradise by enterprising anthropomorphised raccoon dog Tom Nook, as part of his company's "Deserted Island Getaway Package". The island gradually fills with companionable animal neighbours and the player helps Tom Nook improve island life over time. It is a cultured place, with visiting canines K.K. Slider and Harvey offering live musical performances and photography experiences. Eventually, civilization develops in the form of a museum, a fashion boutique, and a shop where characters can buy anything from furniture and wallpaper to a pet hamster.

Chickens come home to roost

Deserted islands tend to have a shortage of neoclassical paintings and sculptures, so the player buys art for the...