About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

16 J. Marshall Rev. Intell. Prop. L. [i] (2016-2017)
Gotta Catch a Lawsuit: A Legal Insight into the Intellectual, Civil, and Criminal Battlefield Pokemon Go Has Downloaded onto Smartphones and Properties around the World

handle is hein.journals/johnmars16 and id is 343 raw text is: 


                         THE J OHN MARSHALL

        REVIEW OF INTELLECTUAL PROPERTY LAW













 GOTTA  CATCH   ... A LAWSUIT?A  LEGAL  INSIGHT INTOTHE   INTELLECTUAL,  CIVIL, AND
 CRIMINAL   BATTLEFIELD  'POK§ MON  Go' HAS DOWNLOADED ONTO SMARTPHONES AND
                          PROPERTIES  AROUND   THE WORLD

                                 ANDREW   L. Rossow


                                      ABSTRACT

Our society, and its millennials, have entered the digital age, whereby almost everything is conducted
and perpetuated through electronic devices. Smartphones have dominated the mobile device market
and have allowed its users to download mobile applications and games to the device. Pok]mon Go, is
the latest trend in mobile gaming and the start to a bright future of augmented reality. But what
happens when augmented reality meets the physical world? Do our modern-day statutes and laws
extend intothe cyberspace that it is augmented reality? What happens when a user of an augmented
reality game enters onto the property of another and interferes with that individual's fundamental
property right of quiet enjoyment and use of the property? Should the mobile game user be held liable
under trespassing or nuisance laws? Should the Developers of such a game be held liable under
theories of negligence, trespass, and/or nuisance? This article attempts to explore the concept of
augmented reality as it pertains to the creation of Pok]mon Go by Niantic, Inc., The Pok]mon
Company, and Nintendo. Pok]mon Go is the latest augmented reality game for iPhone and Android,
which allows its user to travel in the physical world, while catching Pok]mon in the virtual world,
depicted through a Google interface overlay.








                        Copyright 0 2017 TheJ ohn Marshall Law School




          Cite as Andrew L. Rossow, Gotta Catch ... a Lawsuit? A Legal Insight into the
          Intellectual, Civil, and Criminal Battlefield 'Pok4hnon Go' has Downloaded onto
      Smartphones and Properties Around the World, 16J . MARSHALL REV. INTELL. PROP. L.
                                      329 (2017).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most