Poke´Mon Go: Emerging Liability Arising From Virtual Trespass for Augmented Reality Applications

This Article focuses on various types of trespass and the challenges that augmented reality technology presents to the parties involved. Section II lays out a broad overview of augmented reality, its history, and the concept of Pok ´emon Go. Section III addresses evolution trespass law in the United States and how it is applied in cases of physical and electronic intrusions. Section III also discusses nuisance briefly, as it can often interrelate to trespass theories. Section IV then analyzes how courts might interpret trespass laws for augmented reality applications and the forms of liability each party may face. The solution in Section V proposes a compromise between these parties by suggesting legislative reform to offer opt-in and opt-out provisions. Lastly, this Article stresses the importance of weighing the interests of the involved parties with the benefit of technological advancements