Pokemon Go Developer Sued Over Pokemon Placed On Private Property

A New Jersey man fed up with Pokemon Go players catching creatures on his property has filed a class-action lawsuit against the creators of the wildly successful mobile game.

Jeffrey Marder, of West Orange, claims in the suit that the developers have profited from encouraging millions of gamers to play Pokemon Go on or adjacent to private property without the consent of the land owners. 

The lawsuit filed in federal court in California seeks damages or monetary relief over the game’s use of real world locations, Pokestops and Pokegyms, where users will congregate to play the augmented reality game.

The game was released on July 6 and within days became the most downloaded mobile game ever. Using the GPS on a smartphone, the game encourages players to walk around in the real world searching for imaginary critters. The game utilizes the phone's camera to display Pokemon. Players then flick the screen to try and capture the critters. Pokestops and Pokegyms have become meet-up points for gamers.

In the lawsuit, Marder says that within the first week of the game's release, "strangers began lingering outside of his home with their phones in hand." At least five gamers also knocked on Marder's door asking for permission to catch Pokemon in the homeowner's backyard.

Marder says in the suit that these Pokemon were placed at his West Orange home by the game's developers without his permission. 

The lawsuit names Niantic Inc., the Pokemon Company, and Nintendo Company. The companies did not immediately respond for comment. 

J.C. Smith, The Pokemon Company's consumer marketing director, told The Associated Press last week that the company is updating the augmented-reality game so it remains fun for players but respects the real world.

The suit claims Niantic is liable for the nuisance of the "intentional, unauthorized" placing Pokemon, Pokestops and Pokegyms, which prevents property owners from enjoying their land.

The suit also details other instances where the game's placement of Pokestops or Pokegyms at homes or businesses have led to complaints, including three locations in the United States Holocaust Memorial Museum in Washington, D.C.