Nintendo, Wizards Face Suit Over Pokemon Card Game

SAN DIEGO - The popular Pokemon card game not only is a pastime for kids, it's an illegal gambling enterprise, a lawsuit claims.

The lawsuit filed Friday in federal court here asks that Redmond-based Nintendo of America, the creator of the Pokemon craze, return its profits from Pokemon to customers or pay an unspecified amount in monetary damages.

Other defendants are Renton-based Wizards of the Coast, which makes the card game under license from Nintendo and Nintendo's licensing agent, 4 Kids Entertainment.

The card game involves a host of imaginary creatures, each with their own set of special powers, with the goal of winning as many cards as possible. The colorful cards also are traded and collected by children and adults.

The law firm of Milberg, Weiss, Bershad, Hynes & Lerach claims Pokemon is a gambling enterprise because children must "pay to play," by purchasing the cards; children can "win" rare prize cards that are intrinsically more valuable than other cards; and there is an element of chance because rare Pokemon cards are randomly packaged into the deck.

Similar lawsuits have been filed across the country against sports-trading-cards makers, alleging illegal gambling.

Rick Flamm, a spokesman for Nintendo of America, noted those suits have yet to succeed. "We see no reason to expect a different result in this case. As we do with all baseless lawsuits, Nintendo intends to vigorously defend itself."

Charlotte Skeel, Wizards of the Coast spokeswoman, said yesterday that she did not have enough information about the lawsuit to comment.