Funko, the company famous for its collectible Funko Pop toys, has stirred controversy after its recent takedown of a page on the indie games platform Itch.io. The action was tied to Funko’s brand protection efforts and followed Itch.io’s swift restoration of the page.
Funko addressed the matter publicly in a statement on social media on November 9, explaining the circumstances behind the removal.
The company acknowledged that its brand protection partners had flagged a page on Itch.io that allegedly imitated the official website for Funko Fusion, a 2024 action-puzzle video game featuring Funko Pops. According to Funko, the page in question was falsely representing the game and violating its intellectual property.
Despite the takedown, Funko emphasized its appreciation for indie games and the Itch.io platform, clarifying that the intent was not to target the entire site. The company asserted that its action was aimed solely at protecting Funko Fusion, which, while not a runaway success—boasting a middling 54 Metacritic score and a user rating of 5.7—remains a property of Funko.
The game utilizes downloadable content (DLC) to allow players to complete levels inspired by various intellectual properties, and Funko considered it important to safeguard the integrity of the game’s official representation.
While Funko’s explanation highlighted the need to protect Funko Fusion, the broader issue lies in how the takedown was executed. Observers have pointed out that Funko’s brand protection partner, BrandShield, filed a fraud and phishing report, a more severe action than a typical Digital Millennium Copyright Act (DMCA) takedown request.
A DMCA request typically targets specific content like a webpage, video, or image, whereas a fraud and phishing report can have far-reaching consequences, including the potential to shut down entire websites.
The controversy deepened when Funko’s statement suggested they had “reached out to Itch.io” to resolve the issue, with some alleging that Funko had taken the unusual step of contacting Itch.io’s site-owner’s mother directly.
However, the company’s response did not include an apology, only an acknowledgment that the takedown was a mistake in handling the situation.
The incident has raised concerns about the potential abuse of brand protection tools, with critics warning that such actions could be seen as an infringement on free speech and could harm the indie gaming community.
As the dust settles, Funko’s stance remains firm on protecting its intellectual properties, but the broader implications for indie developers and platforms like Itch.io continue to be a topic of debate.
