NEW YORK, Oct. 28, 2016
/PRNewswire/ -- Pomerantz LLP announces that a second class action
lawsuit has been filed against Niantic, Inc. ("Niantic"), The Pokémon Company ("Pokémon
Co."), and Nintendo Co. Ltd. ("Nintendo") (collectively,
"Defendants"). Niantic, a
software development company, is the developer and publisher of the
Pokémon Go mobile game. Pokémon Co. is responsible for
marketing and licensing the Pokémon franchise. Nintendo is
the publisher of the popular Pokémon video game series and owns a
32% stake in Defendant Pokémon Co. Each of the three
defendants receives a percentage of all revenues generated by the
Pokémon Go mobile application.
The class action, filed in United States District Court,
Northern District of California,
and docketed under 16-cv-04556, is on behalf of a class consisting
of all persons whose use and enjoyment of their property has been
affected by the Pokémon Go mobile game.
A copy of the Complaint can be obtained at www.pomerantzlaw.com.
To discuss this action, contact Robert S. Willoughby at rswilloughby@pomlaw.com
or 888.476.6529 (or 888.4-POMLAW), toll free, ext. 9980. Those who
inquire by e-mail are encouraged to include their mailing address,
telephone number.
Pokémon Go is the latest iteration of the immensely
popular Pokémon media franchise, which consists in large part of a
series of video games in which players take on the role of
"trainers" with the goal of capturing and collecting fantasy
creatures called Pokémon. Released on July 6, 2016 in the
United States, Pokémon Go is an "augmented reality"
game in which players use their smart phones to "catch" Pokémon in
the players' real-world surroundings by utilizing the GPS, camera,
and gyroscope features on users' mobile devices. When the
game detects, via GPS, that players are in the vicinity of certain
real-world locations, the GPS coordinates of which were selected
and programmed into the mobile application by Niantic and known to Pokémon Go players as
"Pokéstops" and "Pokémon gyms," the players gain access to
potentially vital in-game items, which they can use to catch
Pokémon, among other purposes, or gain the opportunity to engage in
virtual "battles" with other Pokémon Go players.
Pokémon Go was an immediate success. As of
July 23, 2016, Pokémon Go had
been downloaded more than 30 million times and had earned more than
$35 million in revenue.
However, within days of the game's release, it became clear that
a number of the GPS coordinates that Niantic had designated as Pokéstops and
Pokémon gyms were, in fact, on or directly adjacent to private
property, and that Niantic had
placed these Pokéstops and Pokémon gyms without the consent of the
properties' owners. As a direct result of Defendants'
actions, Pokémon Go players have trespassed on Plaintiffs'
property, blocked Plaintiffs' driveway, and even directly
threatened Plaintiffs when asked to leave. The intentional,
unauthorized placement of Pokéstops and Pokémon 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 properties, committed by Niantic on an ongoing basis for Defendants'
profit.
"Defendants recklessly developed and marketed a product without
properly considering its impact on private homeowners, depriving
them of their right to enjoy their property without nuisance.
The Pokémon Company, Nintendo, and Niantic failed to realize that their virtual
game has very real-world consequences," said Jeremy A. Lieberman, attorney for the
plaintiffs.
The Pomerantz Firm, with offices in New York, Chicago, Florida, and Los
Angeles, is acknowledged as one of the premier firms in the
areas of corporate, securities, and antitrust class litigation.
Founded by the late Abraham L.
Pomerantz, known as the dean of the class action bar, the
Pomerantz Firm pioneered the field of securities class actions.
Today, more than 80 years later, the Pomerantz Firm continues in
the tradition he established, fighting for the rights of the
victims of securities fraud, breaches of fiduciary duty, and
corporate misconduct. The Firm has recovered numerous
multimillion-dollar damages awards on behalf of class members. See
www.pomerantzlaw.com
CONTACT:
Robert S. Willoughby
Pomerantz LLP
rswilloughby@pomlaw.com
To view the original version on PR Newswire,
visit:http://www.prnewswire.com/news-releases/pomerantz-law-firm-announces-the-filing-of-a-second-class-action-against-niantic-inc-the-pokemon-company-and-nintendo-co-ltd-300353682.html
SOURCE Pomerantz LLP