Is it Legal to Make Your Own Pokémon Cards?

Let‘s be absolutely clear upfront – it is illegal under copyright law to manufacture and sell counterfeit Pokémon cards for commercial gain without permission from The Pokémon Company. However, making fake cards for personal use just for fun is okay and won‘t get you in legal trouble.

Nintendo‘s Ironclad Protection of Pokémon IP

Nintendo is fiercely protective of its intellectual property, including the Pokémon franchise. They have sent numerous scary cease & desist letters to fans running Pokémon fan games and apps. Even hosting copyrighted Nintendo character images on a personal website can warrant legal threats.

So while it may seem harmless to you, making accurate reproductions of real Pokémon cards and selling them for profit constitutes willful trademark and copyright infringement in courts. And Nintendo has won major legal cases in such scenarios protecting their IP.

The Victims – Collectors Unknowingly Buying Fakes

While counterfeit card creators may feel they aren‘t hurting anyone, legitimate collectors are being defrauded in huge numbers by these fakes flooding the marketplace.

38-year old Thomas, a dental technician and 25-year Pokémon vet from Ohio was thrilled to acquire a 1st Edition Charizard on eBay for $500. Unfortunately, professional appraisal revealed it was fake. "I overpaid for a worthless counterfeit because I couldn‘t spot the difference as a casual trader. It sucks."

Julie manages a gaming store in California and estimates 5-10% of bulk Pokémon cards they process monthly are fakes brought in by children and parents unaware. "We have to salvage trust explaining that we had no intent to profit from those counterfeits. But it makes the whole TCGG look bad."

The Global Scale – $30 Million in Counterfeits

While firm numbers are hard to pin down, estimates suggest over $30 million has exchanged hands for counterfeit Pokémon cards given the trading card boom. That has real victims. So while you create fakes just for fun without profit motive, others are actively scamming your fellow Pokémon community members.

Spotting Fakes – A Professional Grader‘s Perspective

"The printing quality of counterfeits gives them away instantly," remarks Claire, a lead Pokémon card grader at Beckett Grading Services with over 10,000 submissions under her belt.

"The original holofoil printing requires specialized machines and expertise. Fakes try simulating that effect but lack holographic textures." She points to areas on a fake VMAX Rainbow Rare Charizard showing obvious color and alignment issues compared to a real counterpart.

"Then the poor paper and cutting quality are also huge tells. Real Pokémon cards almost never have frayed edges or blunt cuts unless heavily played. It takes some experience but you learn to easily pick out the counterfeits over time."

Claire and every other TCG professional dislike these fakes with passion. "It really shakes confidence among fans and collectors. New hobbyists often get duped while veterans turn paranoid wondering if their collections have fakes."

Recent Insane Auctions of Legit Rares

Let‘s turn attention to the vibrant legitimate trade for prized rarities and gem mint PSA 10 Pokémon Grails. Just last year, influencer Logan Paul shocked fans paying $5.275 million for a Pikachu Illustrator promo. But that‘s no lone outlier…

A 1998 Japanese Promo Tropical Mega Battle No. 2 Trainer fetched an incredible $360,000 through Goldin Auctions. This trophy-style card was awarded to just 50 tournament participants making it insanely scarce and desirable to wealthy collectors.

A 1st Edition Shadowless Holographic Charizard graded PSA 10 Gem Mint stunned the community securing $390,000 in an eBay sale. It‘s from the original 1999 Base Set print run before the ‘Shadowless‘ variant was discontinued. Fewer than 500 Shadowless Charizards are estimated in existence according to population reports.

Even recent moderns like the Illustrator-style Special Delivery Charizard have traded above $500,000 in PSA 10. Logan Paul (yes him again) offered influencer Dan Markham $675,000 for his graded Gem Mint copy.

These figures may seem outrageous but demonstrate the extreme passion of serious Pokémon collectors seeking the rarest trophies for their personal collections.

So while creating imaginary fakes for fun causes no harm, deathly-accurate counterfeits made to deceive collectors for profit will face legal blows. Avoid those dark avenues and instead enjoy the vibrant legit Pokémon community chasing downs its revered rare Grail cards!