Quick Tip: National Pokémon Day, and "Who Owns a Wild Pokémon?"
February 27 is National Pokémon Day, celebrating the worldwide phenomenon of catching and training Pokémon. But if you've never played the games, watched the shows, or collected the cards, don’t worry—today’s topic is all about the law. Specifically, who owns a wild Pokémon?
Let’s set the stage:
You’re in the tall grass and encounter a wild Charizard (yes, the big, fiery dragon-looking one).
You battle it, weaken it, and just as you’re about to throw your Pokéball to capture it.
Another trainer swoops in and throws their Pokéball first, capturing Charizard instead.
Who actually owns it?
This scenario mirrors a classic property law principle: First possession.
In property law, the first possession rule states that ownership of a wild animal (animals ferae naturae) goes to the first person to capture or control it.
This principle comes from Pierson v. Post (1805), a famous case where one hunter chased a fox, only for another hunter to swoop in and kill it first. The court ruled that mere pursuit wasn’t enough—actual capture was required to establish ownership.
How This Applies to Pokémon:
If you weaken a wild Pokémon, are you like the first hunter chasing the fox?
Or does someone else throwing the Pokéball first legally establish ownership?
If Pokémon were real, a court might say you had no ownership interest until the Pokémon was fully caught.
In other words, Pokémon law would likely favor the first trainer to successfully capture the Pokémon, not necessarily the one who weakened it. Of course, there is no Pokémon law.
But if you're preparing for the bar exam, remember: Ownership isn’t about effort. It's about control.
