Again, this isn’t a copyright lawsuit. Making a game with monsters that look similar to theirs is not what the lawsuit is about. It’s about patents. Likely design patents like I mentioned before. If I made a country song with Eminem’s lyrics, of course you wouldn’t confuse it with Slim’s music, but I would need his permission first.
It was wrong for Nintendo to copy someone, but it’s not wrong for Pocketpair to copy someone. That’s what you are saying?