First, I am not saying Draconius Go doesnt have features that are better than Pokemon Go, it isn’t better designed, or isn’t as much fun or more fun than Pokemon Go. My point is that I believe Draconius Go violated the law.
There is a difference between a copyright, a patent and a registered trademark.
Patent: protects intellectual property. Businesses get these so they can profit from designing and developing new technologies. Typical patent protection lasts 17 years.
Copyright: protects original books, novels, songs or video. Examples would be books, audio tapes, journals, videos and music. Copyrights last 95 years.
Registered Trademark: This protects logo’s, slogans and other branding. This is to prevent businesses offering similar goods or services from copying these names, logos or slogans and stealing business from the creator. Businesses get these so that competitors cannot copy these slogans and confuse customers. These last 10 years.
Examples or Registered trademark would be that McDonalds could not make an new sandwich and call it a “Whopper” and Burger King couldn’t make a breakfast sandwich named McMuffin.
Because this of the similar nature of the products Draconius Go and Pokemon Go, it may confuse customers into thinking they are the same product or from the same company and it takes away business from the Registered trademark holder (Niantic). If they had picked a name like “Find that Dragon” or something that was not a blatantly copying Pokemon Go there may not be an issue.
I have to deal with this kind of crap on a monthly basis for my job, so I get frustrated when I see it. I’m not a lawyer, but I do enough to know this is a poor business practice and that Niantic has a case against them.