Nintendo, Pokemon Company, & Niantic Sued Over Pokemon GO’s Enticing Trespassing

Here we go: The first Pokémon GO lawsuit has officially been filed. A New Jersey resident is suing the creators of Pokémon GO as his property has been inundated with trespassers who've all been caught playing the app.

According to plaintiff Jeffrey Marder, Niantic and The Pokémon Company have prevented him and many others from enjoying their private property since they've pinned pokéstops, pokémon, and gyms to their homes without permission. The suit describes that, "At least five individuals knocked on plaintiff's door and asked for access to plaintiff's backyard in order to 'catch' Pokémon that the game had placed in Plaintiff's residence in West Orange, New Jersey — without plaintiff's permission."

Seeking class action status, Marder is expressing his frustration over the app's profiteering, pointing out that his dilemma is shared by other property owners. He claims the game's intrusion has interfered with his ability to use his home and believes Niantic shouldn't be able to benefit from a product that encourages gamers to trespass on private property.

"To create that immersive world, Niantic made unauthorized use of Plaintiff's and other Class members' property by placing Pokéstops and Pokémon gyms thereupon or nearby," the suit claims. "In so doing, Niantic has encouraged Pokémon Go's millions of players to make unwanted incursions onto the properties of Plaintiff and other members of the class — a clear and ongoing invasion of their use and enjoyment of their land from which Defendants have profited and continue to profit."

Niantic, The Pokémon Company, and Nintendo have just under a month to respond to the suit, leaving the companies and the court to decide whether the app actually entices trainers to trespass. While Pokémon GO does warn its players to be aware of their surroundings, it's now up for the law to rule on whether fault rests on the app or individual players who're caught trespassing on private property which training.