The famous Pokémon Go game has literally gone from the streets to the courthouse. Pokémon Go is an augmented reality game that recently became both a social and financial phenomenon. In Pokémone Go, users roam through the real world searching for digital monsters named Pokémon, digital "pets" that can be captured on the users' digital devices. Once captured, users "train" and "battle" with these unique digital creatures (with names such as Pikachu and Nidoking).
On July 29, 2016, a New Jersey man filed a lawsuit against Nintendo, The Pokémon Company, and Niantic for unleashing a Pokemon monster in his backyard. Plaintiff Jeffrey Mader had the misfortune of being a part of the augmented reality/ digital experience created by The Pokemon Company and Niantic. Mr. Mader was not enthused. He brought claims of nuisance and unjust enrichment in a federal lawsuit filed in the Northern District of California, 16 cv 4300. Notably, Mr. Mader requested that his lawsuit receive class action status, which means that he hopes to involve others who are similarly frustrated with Pikachus and Nidokings roaming around their respective properties or places of business.
The law is about to enter into the realm of augmented reality!