Alan Friel, Holly Melton Author Article Discussing "Virtual Trespass" Class Action Involving Pokémon Go Game

Articles / August 28, 2018

Partners Alan Friel and Holly Melton authored an article published in the June/July 2018 issue of The Licensing Journal. The article, “Pokémon Go Producers Attacked by Strange Plaintiff-Beasts: Class Action Targets Niantic, Nintendo for Encouraging Gameplay Trespass,” discusses a class action lawsuit filed in the Northern District of California by a New Jersey resident alleging that the popular Pokémon Go video game encouraged players to trespass in pursuit of the game’s virtual fantasy creatures. The class action has survived the defendants’ motion to dismiss, with the court noting that the idea of “virtual trespassing” is novel enough that it should survive the motion to dismiss stage. Friel and Melton write that “video game developers and marketers should take caution as the nature of the games and platforms become more and more interactive.”

Read the article.