Kudos to Niantic for Anticipating Storms of Liability in Its New AR Gaming Mechanic

Although mainstream media still propagates the narrative that Pokemon Go crashed and burned after it exploded onto the scene in July 2016, the truth is that the game remains quite popular, continues to plow new ground in location-based AR gaming. Niantic’s latest update to the game, released last week, not only adds a third set […]

Hey, David Slater? Please Sue Me!

The "Monkey Selfie" Guy Goes Bananas

Unless you’re new to this whole “internet” thing, you’ve seen this “monkey selfie” photo before, which was taken by said monkey. You may even have heard that the guy who owned the camera, photographer David Slater, got sued by PETA, which advanced the ridiculous claim that the monkey (not Slater) owned the copyright to that […]

Cleveland Roundtable Explores AR/VR Legal Issues

I was privileged to join several other legal scholars and AR/VR professionals at a roundtable discussion in Cleveland today. Organized by the First Amendment and the Arts Center at Case Western Reserve Law School and hosted by the EventWorks4D Hologram Studio, the event led off with a fascinating presentation from Philip Lelyveld, head of the […]

Will Pokemon Go Evolve Into Customer Confusion?

I’ve written at length about the potential for customer confusion arising from the association of digital advertisements with physical billboards and other commercial properties via augmented reality. It occurs to me, though, that the Pokemon Go phenomenon that began in July 2016 planted the seeds of a similar issue, albeit in a slightly different form […]

Get 50% Off My Webinar on Social Media Trademark Enforcement

I am pleased to announce that I will be speaking in an upcoming Strafford live webinar, “Trademark Threats on Instagram, Twitter, Facebook, and Other Social Media” scheduled for Tuesday, September 19, 1:00pm-2:30pm EDT. Because you’re a reader of my blog, you are eligible to attend this program at half off. As long as you use the links in this email, the offer will be reflected automatically in your cart.

Our panel will provide best practices for attorneys on confronting the trademark infringement and counterfeiting threats by users of social networking websites. The panel will outline strategies for businesses and their counsel to police and protect against unauthorized use of their brands on these websites.

After our presentations, we will engage in a live question and answer session with participants so we can answer your questions about these important issues directly.

I hope you’ll join us.

For more information or to register >

Or call 1-800-926-7926 ext. 10
Ask for Trademark Threats on Social Media on 9/19/2017
Mention code: ZDFCT

The PokeStruggle Continues

Correcting an Earlier Post

Earlier today, I reported in haste that the Pokemon Nuisance lawsuit had been dismissed. On closer examination, only one of the defendants–The Pokemon Company–was dismissed. The lawsuit continues against Niantic, Inc. Looks like we might get the chance for a definitive ruling after all!

Augmented Legality Receives “Top 50 Blog” Award

I was pleasantly surprised to learn this week that (a) there are awards for the “Top 50 Augmented Reality Blogs on the Planet,” and (b) Augmented Legality® has received one of those awards. As of this writing, this blog appears to be rated #8 on the list, just behind news aggregators like Reddit and Google and such industry leaders as AREA and Zappar.

Thanks for your continued support!

Update on Candy Lab AR v. Milwaukee

Filings, Reactions, and News Roundup from the Fight for Free Speech in Augmented Reality

It’s been about two and a half months since my client Candy Lab AR and I filed a First Amendment lawsuit challenging Milwaukee County’s attempt to regulate the publication of location-based augmented reality games. The Ordinance at issue was inspired by Pokemon Go players in county parks last year, but is drafted so broadly and […]

Legal and Regulatory Warnings for AR/VR Startups

Live-blogging from Augmented World Expo 2017

Yesterday afternoon I had the pleasure of presenting with Captain Joe Rampolla on Legal and Regulatory Updates at AWE 2017. The full video will be posted on AWE’s YouTube channel, but in the meantime, here’s a short summary of our presentation. Our three takeaways were (1) Disruption will be met with resistance; (2) Mo’ money, mo’ […]

I’m excited to announce that my colleague Katie Pullen and I will be presenting at the 2017 North American International Cyber Summit on October 30. This annual event was founded, and is hosted, by Michigan Governor Rick Snyder, and features top-notch content on data privacy and security. Katie and I will be speaking on “How Data Breaches Can Get You Sued, and What to Do About It.”

Date: Monday, October 30, 2017
Time: 9:00-4:30
Event: I'll Be Presenting at the 2017 North American International Cyber Summit
Topic: When it Rains, It Pours: How Data Breaches Can Get You Sued, and What to Do About It
Public: Public