Niantic, Nintendo and The Pok?mon Company are being sued again for the wildly successful augmented reality game Pokemon GO. This time, the plaintiff is a Michigan couple of St. Clair Shores.
Scott and Jayme Dodich have alleged that the game puts Pokestops and PokeGyms on private property without permission. In their case, the nearby Wahby Park where throngs of Pok?mon Go players come and go at any time of the day. Wahby Park is a Pok?mon hotspot that has a virtual Poke gym.
The lawsuit claims that the players hang out in their lawns, trample landscaping, look into vehicles, among other disturbances. The complainants don?t feel safe in their own porch anymore.
The complainants are filing for class-action lawsuit, which means that the complainant is a group of people who is represented by a member of that group where the accused has injured the same defendant in the same way.
According to the court documents, the players are being a ?nuisance? and part of the ?unjust enrichment of defendants at the expense of the St. Clair Shores property owners.?
?The intentional, unauthorized placement of Pokestops and Pok?mon gyms on or near the property of Plaintiffs and other members of the proposed class constitutes a continuing invasion of the class members? use and enjoyment of their land,? the court documents further reads.
The lawsuit is seeking a percentage of the defendants? profits, claiming that since the game was made available for download in July, Niantic has earned more than $35 million.
Last month, another lawsuit was filed against the 3 gaming companies by a New Jersey resident on grounds of trespassing. The lawsuit indicated that the game entices players to trespass by placing Pokestops and Poke gyms on private property without the owner?s permission.
Niantic, Nintendo and The Pok?mon Company were given 21 days to respond in court. So far, neither Niantic nor the other defendants, have issued any comment regarding the matter.