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 […]

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!

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’ […]

Game On: Candy Lab AR Files First Amendment Challenge to Milwaukee’s Pokemon Go-Inspired Ordinance

The first shot in the battle for free speech rights in augmented reality has been fired–and I’m proud to be the one who pulled the trigger. In prior posts, I have tracked Milwaukee County’s proposal and adoption of an ordinance regulating location-based augmented reality games. Written as a knee-jerk reaction to the number of people visiting […]

The Time Judge Gorsuch Brought Copyright Law Into the 21st Century

Good news: the newest nominee to the U.S. Supreme Court gets copyright law, including how it does–and doesn’t–apply to emerging forms of digital media. The 10th Circuit’s 2008 decision in Meshwerks v Toyota Motor Sales USA, Inc.–which Judge Neil Gorsuch wrote–is one I’ve cited in this blog several times. Of course, it’s one that comes to mind […]

No Pokemon For You?

Pokemon Go Declared a Threat to Chinese Society, But Gets a Reprieve in Milwaukee

It’s been a busy month in governmental regulation of augmented reality. First, the U.S. Senate held its first hearings on AR. Then Milwaukee County threatened to go off the rails by restricting the publication of location-based AR apps. And now this: the People’s Republic of China has just banned Chinese citizens from using the popular […]

Milwaukee, Pokemon Go, and the First Amendment

Is the City's New Ordinance a Step Too Far?

I have been warning for years of an upcoming clash between First Amendment free speech rights and the regulation of augmented reality content. Now it looks like that day may have arrived. The Milwaukee Record reports that, yesterday morning, “members of the Milwaukee County Board unanimously recommended for approval a proposed ordinance that would make […]

Congress Praises AR’s Potential and Will Try to Stay Out of Its Way

Breaking Down the Senate's First Hearing on Augmented Reality

“They weren’t just playing a game; they were experiencing augmented reality.” That’s how North Dakota Senator and Committee Chairman John Thune summarized the experience of Pokemon Go players in remarks that opened Congress’ first hearing on augmented reality Wednesday. And it was an apt summary of the hearing itself. Before hearing testimony from five witnesses, […]