Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1068478 Filing date: 07/15/2020
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91256209 Party Plaintiff Wargaming.net Limited Liability Company Correspondence JILL M PIETRINI Address SHEPPARD MULLIN RICHTER & HAMPTON LLP 1901 AVENUE OF THE STARS SUITE 1600 LOS ANGELES, CA 90067 UNITED STATES Primary Email: [email protected] Secondary Email(s): [email protected], MDan- [email protected], [email protected], [email protected], [email protected] 310-228-3700
Submission Motion to Suspend for Civil Action Filer's Name Paul A. Bost Filer's email [email protected] Signature /Paul A. Bost/ Date 07/15/2020 Attachments Motion to Suspend Combined Notice of Opposition - BLITZ TEAM-1.pdf(178316 bytes ) Motion to Suspend Combined Notice of Opposition - BLITZ TEAM-2.pdf(395815 bytes ) Motion to Suspend Combined Notice of Opposition - BLITZ TEAM- 3a.pdf(6011927 bytes ) Motion to Suspend Combined Notice of Opposition - BLITZ TEAM- 3b.pdf(1740097 bytes ) Motion to Suspend Combined Notice of Opposition - BLITZ TEAM- 3c.pdf(2510919 bytes ) Motion to Suspend Combined Notice of Opposition - BLITZ TEAM- 4a.pdf(4244523 bytes ) Motion to Suspend Combined Notice of Opposition - BLITZ TEAM- 4b.pdf(2866183 bytes ) Motion to Suspend Combined Notice of Opposition - BLITZ TEAM- 4c.pdf(3371734 bytes )
Docket No. 64MV-310566
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
In re Matter of Application Nos. 79/261,988 and
79/262,236 for the mark BLITZ TEAM (Stylized) and BLITZ TEAM in Class 42 Opposition No. 91-256209
OPPOSER’S MOTION TO SUSPEND Wargaming.net Limited Liability Company, COMBINED NOTICE OF OPPOSITION
Opposer,
vs.
Limited Liability Company “BlitzTeam,”
Applicant.
Pursuant to 37 C.F.R. § 2.177(a) and TBMP §510, Opposer Wargaming.net Limited
Liability Company (“Opposer”), by and through its counsel, hereby moves to suspend the above
proceedings on the grounds that Opposer, on the one hand, and Applicant Limited Liability
Company “BlitzTeam” (“Applicant”), on the other, are engaged in a civil case that will be
dispositive of these proceedings.
I. Factual Background
On March 25, 2020, Opposer filed a complaint against Applicant for infringement of
Opposer’s intellectual property. Among other things, the complaint requests cancellation of
Applicant’s trademark applications at issue in these proceedings, namely, Serial Nos. 79/261,988 and 79/262,236 to register the marks BLITZ TEAM (Stylized) and BLITZ TEAM, respectively
(the “Applications”). The case is pending in the United States District Court for the Central
District of California (the “Civil Action”). The Civil Action is designated as Case No. 2:20-cv-
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28763. A true and correct copy of the complaint in the Civil Action is attached hereto as Exhibit
A. Opposer has served the complaint on Applicant by means of the Hague Convention.
After the filing of the Civil Action, the Applications were published for opposition. In
order to preserve its rights and based on the allegations pleaded in the combined notice of
opposition, Opposer initiated these proceedings opposing registration of the Applications. 1
TTABVUE. Specifically, the proceedings are based upon Opposer’s prior rights in BLITZ-
formative marks and opposes registration of the Applications based on said rights. Id.
II. THE MOTION TO SUSPEND SHOULD BE GRANTED
Under 37 C.F.R. § 2.117(a), “[w]henever it shall come to the attention of the Board that
parties to a pending case are engaged in a civil action which may be dispositive of the case, proceedings before the Board may be suspended until termination of the civil action.” See also
TBMP §510.02(a) (“Unless there are unusual circumstances, the Board will suspend proceedings in the case before it if the final determination of the other proceeding may have a bearing on the
issues before the Board.”) (emphasis added).
The Civil Action will be dispositive of the proceedings, as the issues to be determined by
the Board here are identical (or substantially similar) to those that the United States District
Court will decide in the Civil Action. In addition, certain remedies Opposer seeks in the Civil
Action – namely, that the Court (1) find that Applicant’s use of BLITZ TEAM infringes
Opposer’s prior rights and (2) cancel the Applications – encompass and supersede the remedies
Opposer seeks in the proceedings. Therefore, the issues in the consolidated proceedings are virtually identical to those to be litigated in the Civil Action. See Other Telephone Co. v.
Connecticut Nat’l Telephone Co., 181 U.S.P.Q. 125, 126-27 (TTAB 1974):
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[T]he copy of the complaint in the civil action which opposer has furnished the Board shows that opposer, as plaintiff therein, is requesting that the Court determine the respective rights of the parties to use in commerce the designation ‘THE OTHER TELEPHONE COMPANY’ or any mark confusingly similar thereto. It is further noted that opposer is seeking, inter alia, to enjoin applicant from using the stated designation or any word or words confusingly similar thereto in connection with its telephonic communication services. It is clear therefore that the final determination of the civil suit will directly affect the resolution of the issue of likelihood of confusion which is involved in the proceeding before the Trademark Trial and Appeal Board.
Applicant will presumably deny the controversial allegations in Opposer’s complaint.
That said, the issue need not be joined in the Civil Action for Petitioner’s motion to be granted:
The fact that the defendant in the action has not yet served its answer does not serve to vitiate the effectiveness of the complaint. That is to say, the civil suit is pending and will be considered until the Board is informed that it has either been dismissed or been finally ruled upon. The only question for determination, therefore, is whether the outcome of the civil action will have a bearing on the issues involved in the opposition proceeding.
Id. at 126.
While the Board is just as capable of deciding whether there is a likelihood of confusion between Opposer’s and Applicant’s respective marks as the United States District Court deciding the Civil Action, it should not do so for the three reasons outlined below.
First, if the Board suspends the proceedings and allows the United States District Court to rule first, the United States District Court’s decision would be binding on the Board under the doctrines of res judicata and collateral estoppel. See Mother’s Restaurant Inc. v. Mama’s Pizza,
Inc., 723 F.2d 1566, 1569-73 (Fed. Cir. 1983) (collateral estoppel); Midland Cooperatives, Inc. v. Midland International Corp., 421 F.2d 754, 758-59 (C.C.P.A. 1970) (res judicata). By contrast, if the Board decides these proceedings before the United States District Court adjudicates the Civil Action, its findings are not necessarily binding upon the United States
District Court. Notably, the Board may only decide issues relating to the registration of
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trademarks. 15 U.S.C. § 1119; PHC, Inc. v. Pioneer Healthcare, Inc., 75 F.3d 75, 79 (1st Cir.
1996). Therefore, in the interest of judicial economy, the Board should suspend the proceedings.
See TBMP § 510.02(a) (“Although the Supreme Court held that issue preclusion can be based on a decision by the Board in a case in which the ordinary elements of issue preclusion are met, the
Board’s policy to suspend in favor of a civil action has not changed. A civil action may involve other matters outside Board jurisdiction and may consider broader issues beyond right to registration and, therefore, judicial economy is usually served by suspension.”).
Second, allowing these matters to be resolved by the Civil Action promotes judicial efficiency and encourages the parties themselves to resolve this dispute in the most efficient matter possible. The fundamental issues in these consolidated proceedings are essentially identical to – and encompassed within – certain of the issues in the Civil Action, as described above. Indeed, the Civil Action need only have a bearing on the Board’s decisions with respect to the proceedings to justify a suspension. See supra, TBMP § 510.02(a). If the proceedings are suspended pending the disposition of the Civil Action, the parties will avoid unnecessarily expending resources fighting the proverbial “battle” on two “fronts” instead of just one. Thus, suspending the proceedings will not prejudice either party, as it will allow the parties to resolve their entire dispute while expending the least amount of resources. Similarly, and as addressed above, the United States District Court in the Civil Action will ultimately determine not only
Applicant’s rights to registration of the Applications, but use of Applicant’s BLITZ TEAM marks and other issues not before the Board. The United States District Court Action will resolve all issues before the Board and then some, whereas the converse is not true.
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Third, the proceedings should be suspended to avoid inconsistent rulings between the
Board and the United States District Court, especially since the United States District Court’s
decision will ultimately be binding on the Board.
III. CONCLUSION
For the reasons stated herein, the Board should suspend the proceedings pending the outcome of the Civil Action.
Respectfully submitted,
Dated: July 15, 2020 /Paul A. Bost/ Jill M. Pietrini Paul A. Bost SHEPPARD MULLIN RICHTER & HAMPTON LLP 1901 Avenue of the Stars, Suite 1600 Los Angeles, California 90067-6017 (310) 228-3700 Attorneys for Opposer Wargaming.net Limited
CERTIFICATE OF E-FILING
I hereby certify that this OPPOSER’S MOTION TO SUSPEND COMBINED NOTICE OF OPPOSITION is being transmitted electronically to Commissioner of Trademarks, Attn: Trademark Trial and Appeal Board through ESTTA pursuant to 37 C.F.R. §2.195(a), on this 15th day of July, 2020.
/Paul A. Bost/ Paul A. Bost
CERTIFICATE OF SERVICE
I hereby certify that this OPPOSER’S MOTION TO SUSPEND COMBINED NOTICE OF OPPOSITION is being served by email to [email protected] [email protected] on this 15th day of July, 2020.
/Paul A. Bost/ Paul A. Bost
SMRH:4824-1033-5164.1
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Case 2:20-cv-02763 Document 1 Filed 03/25/20 Page 1 of 49 Page ID #:1
1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP JILL M. PIETRINI (Cal. Bar No. 138335) 2 [email protected] PAUL A. BOST (Cal. Bar No. 261531) 3 [email protected] 1901 Avenue of the Stars, Suite 1600 4 Los Angeles, California 90067-6017 Telephone: (310) 228-3700 5 Facsimile: (310) 228-3701
6 CHRIS PONDER (Cal Bar. 296546) [email protected] 7 379 Lytton Avenue Palo Alto, California 94301 8 Telephone: (650) 815-2676 Facsimile: (650) 815-2601 9 Attorneys for Plaintiff 10 WARGAMING.NET LIMITED 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 WESTERN DIVISION
14 WARGAMING.NET LIMITED, a Case No. 2:20-cv-2763 Cyprus limited company, 15 COMPLAINT FOR: Plaintiff, 16 (1) TRADEMARK INFRINGEMENT v. IN VIOLATION OF 15 U.S.C. § 17 1114; 18 BLITZTEAM LLC, a Belarus limited (2) FALSE DESIGNATION OF liability company; and DOES 1-10, ORIGIN IN VIOLATION OF 15 19 inclusive, U.S.C. § 1125(a); 20 Defendants. (3) COMMON LAW TRADEMARK 21 INFRINGEMENT; (4) UNFAIR COMPETITION IN 22 VIOLATION OF CAL. BUS. & 23 PROF. CODE §§ 17200, ET SEQ.; (5) COMMON LAW UNFAIR 24 COMPETITION; AND 25 (6) CANCELLATION OF 26 TRADEMARK APPLICATIONS DEMAND FOR JURY TRIAL 27 28
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1 Plaintiff Wargaming.net Limited (“Plaintiff”) hereby files its complaint 2 against defendants Blitz Team LLC (“Blitz Team”) and Does 1-10 (collectively 3 referred to as “Defendants”), and alleges as follows: 4 PRELIMINARY STATEMENT 5 1. This is a trademark infringement action against a company formed by 6 former employees of Plaintiff, who are now trading on the goodwill associated with 7 Plaintiff’s popular mobile computer games WORLD OF TANKS BLITZ and 8 WORLD OF WARSHIPS BLITZ. 9 2. Defendants worked for Plaintiff in its WORLD OF TANKS BLITZ 10 (“WOTB”) product group and were known as “The Blitг Team” amongst Plaintiff’s 11 employees and management and by the community of international computer 12 programmers that develop game properties. 13 3. Until just before Defendants’ separation from Wargaming, the WOTB 14 product group was led by Andrei Karpiuk, Vitali Baradouski, Stsiapan Drozd, and 15 Dzimitry Babraunichy (hereinafter “DAVA Individuals”). The DAVA Individuals 16 were afforded a high-level of autonomy to manage the WOTB product group and 17 were richly compensated for their efforts. In addition to ordinary employment 18 compensation, the DAVA Individuals received additional payments exceeding 19 $10,000,000, which included a share of WOTB’s net revenue. 20 4. In April 2017, the DAVA Individuals announced that they intended to 21 leave Plaintiff to start their own video game company. The DAVA Individuals and 22 Plaintiff parted ways in April 2018 after a year of failed negotiations for a new 23 business arrangement. Within days, Defendants formed a new company called 24 “BlitгTeam LLC,” and hired awaв over thirtв of Plaintiff’s emploвees. Defendants 25 are now using various BLITZ trademarks for mobile computer games. 26 JURISDICTION 27 5. This action arises under the trademark laws of the United States, 15 28 U.S.C. § 1051, et seq., and under the statutory and common law of unfair
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1 competition. This Court has jurisdiction under 28 U.S.C. §§ 1331 and 1338(a) and 2 (b), and § 1367, and 15 U.S.C. § 1121. 3 6. Venue is proper under 28 U.S.C. §§ 1391(b) and (c) in this case 4 because, on information and belief, Defendants are subject to personal jurisdiction 5 in this District and/or a substantial part of the events or omissions giving rise to the 6 instant claims occurred in this District. 7 PARTIES 8 7. Plaintiff is a Cyprus limited company, having its principal place of 9 business in Nicosia, Cyprus, with United States offices in Austin, TX, Bellevue, 10 WA and Chicago, IL. Plaintiff is actively engaged in business in the U.S. For 11 example, Plaintiff has held game competitions in New York under the name Blitz 12 Twister Cup, promoted the 2017 Mobile Masters tournament in Las Vegas, Nevada 13 and 2018 tournament in Seattle, Washington, and engaged in various promotions 14 and hired a U.S. public relations company in order to target U.S. consumers. 15 8. On information and belief, Blitz Team is a Belarusian limited liability 16 company, having its principal place of business in Minsk, Belarus, and does not 17 have a regular and established place of business in the United States. As described 18 below in Paragraphs 14, Defendants distribute their BATTLE PRIME game and 19 related apps on Google Play and Apple App Store to customers and end users in 20 this District and the United States, and Defendants’ own websites 21 (www.battleprime.com and www.blitzteam.com) are directed to end users in the 22 United States. As described below in Paragraph 66, Defendants retained counsel in 23 this District for the purpose of sending a letter warning Plaintiff against interfering 24 with its business in the United States. 25 9. Plaintiffs and Defendants are subject to personal jurisdiction in this 26 District because the claims arose in this District in that many of Plaintiff’s 27 customers and end users of its BLITZ games are located in this District, and 28 Defendants customers and end users of its BATTLE PRIME game are located in
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1 this District. 2 10. The true names, identities and capacities, whether individual, associate, 3 corporate or otherwise, of Defendants DOES 1 to 10, inclusive, and each of them 4 (“the DOE Defendants”), are unknown to Plaintiff at this time, who therefore sues 5 the DOE Defendants by such fictitious names. When the true names and capacities 6 or participation of the DOE Defendants are ascertained, Plaintiff will amend this 7 complaint to assert the true names, identities and capacities. Plaintiff is informed 8 and believes and thereon alleges that each of the DOE Defendants sued herein is 9 responsible for the wrongful acts alleged herein, and is therefore liable to Plaintiff 10 in some manner for the events and happenings alleged in this complaint. Plaintiff is 11 informed and believes and thereon alleges that at all times herein mentioned, the 12 DOE Defendants were and are doing business and/or residing in this District. 13 PLAINTIFF’S BUSINESS AND TRADEMARKS 14 11. Plaintiff is recognized internationally as one of the leading developers 15 and publishers of multiplayer online video games that are built upon a “freemium” 16 business model. Under the “freemium” business model, games are free-to-play, but 17 participants also have the option of paying a fee for use of “premium” features. 18 Such premium features may be purchased through Plaintiff’s own online store 19 located at
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1 the video game digital distribution service “Steam” operated by Valve Corporation, 2 mobile app platforms such as Google Play (for Android devices) and App Store (for 3 Apple iOS devices), and on such consoles as Xbox 360, Xbox One, and 4 PlayStation 4. 5 WORLD OF TANKS BLITZ GAME 6 15. One of Plaintiff’s video games is WORLD OF TANKS, which was 7 initially launched in 2009. It focuses on player vs. player gameplay with each 8 player controlling an armored vehicle. The WORLD OF TANKS game was very 9 successful, and versions of it were later released for play on multiple gaming 10 consoles, such as PlayStation 4, Xbox 360, and Xbox One. 11 16. In 2013, Plaintiff expanded its WORLD OF TANKS game with the 12 announcement of WORLD OF TANKS BLITZ, a mobile game for tablets and 13 smartphones using Windows 10, Android, and iOS. The WORLD OF TANKS 14 BLITZ game was released (on iOS only) on May 2014 in Europe and on June 27, 15 2014 in North America (again, on iOS only). The Android version of the WORLD 16 OF TANKS BLITZ game was released worldwide on December 4, 2014. And the 17 Windows 10 version of the WORLD OF TANKS BLITZ game was released in the 18 Windows Store on December 28, 2015. On November 9, 2016, the PC version of 19 the WORLD OF TANKS BLITZ game was also released on Valve Corporation’s 20 Steam, a video game digital distribution service, separately from the standard PC 21 version of the WORLD OF TANKS game, which is also available on Steam. 22 Although the WORLD OF TANKS BLITZ game is based on the WORLD OF 23 TANKS game, it is a different game with different game sessions. 24 17. Plaintiff’s WORLD OF TANKS BLITZ game was developed by a 25 team of computer programmers working within the Wargaming Group that came to 26 be known as “The Blitz Team.” The Wargaming Group is a group of affiliates of 27 Plaintiff, including, without limitation, Wargaming World Limited, Wargaming.net 28 Limited, and Game Stream JLLC. Attached hereto as Exhibit B are true and
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1 correct copies of relevant screenshot extracts from Plaintiff’s Facebook Workplace 2 platform, showing the use of the term “Blitz Team.” 3 18. Plaintiff’s WORLD OF TANKS BLITZ game has been a huge success 4 amongst gamers across the United States and worldwide, and is a well-known, if 5 not famous, trademark by reason of its extensive use and reputation. 6 19. Since its launch in 2014 and up until today, there have been more than 7 20 million downloads of the WORLD OF TANKS BLITZ game, generating 8 millions of dollars in revenue. On average, there are 300,000 monthly active users 9 of the game in the United States. 10 20. According to Newzoo, the world’s leading provider of market 11 intelligence covering the global games, esports, and mobile markets 12 (www.newzoo.com), Plaintiff is the 7th highest grossing mobile game publisher in 13 Eastern Europe. 14 21. The popularity and the success of the WORLD OF TANKS BLITZ 15 game is demonstrated by the significant number of installs the game has had in the 16 United States over the last few years. In 2014, the game was downloaded nearly 17 1.1. million times in the U.S.; in 2015, more than 1.3 million downloads; in 2016, 18 more than 1.35 million downloads; in 2017, more than 950,000 downloads; in 19 2018, almost 800,000 downloads; and in 2019, more than 800,000 downloads. In 20 the United States, as of January 2020, it is estimated that there are more than 21 242,000 monthly active users of the WORLD OF TANKS BLITZ game. At times, 22 there have been more than 400,000 monthly active users of the game. 23 22. Due to the popularity of the WORLD OF TANKS BLITZ game, the 24 game is commonly known and referred to as BLITZ. 25 23. Since the release of WORLD OF TANKS BLITZ game, Plaintiff has 26 incurred (and continue to incur) significant promotional, marketing and advertising 27 expenses to establish, maintain and further enhance the reputation of its trademark 28 WORLD OF TANKS BLITZ and for Plaintiff’s common rights to the name BLITZ
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1 as a standalone trademark to identify certain of its mobile video games. 2 24. Plaintiff has held and sponsored special events, published print 3 advertisements, engaged athletes as partners, engaged internet influencers, and 4 sponsored game competitions, all promoting, marketing, and advertising the 5 WORLD OF TANKS BLITZ and BLITZ trademarks in the United States. One of 6 the most significant promotional and marketing events is the Blitz Twister Cup, 7 which has been running successfully for the past four years. The Blitz Twister Cup 8 is an international gaming tournament centered around the WORLD OF TANKS 9 BLITZ game, and other Plaintiff’s BLITZ games (see infra), with various teams 10 from around the globe who compete for a cash prize. The Blitz Twister Cup is 11 considered the final of the international tournament since teams need to complete 12 the preliminary rounds in order to compete in the Blitz Twister Cup. In the 2018 13 Blitz Twister Cup preliminaries, more than 600 teams competed for a ticket to the 14 final. The Blitz Twister Cup is streamed and broadcasted with thousands of people 15 watching the progression of their team in the tournament. In November 2019, six 16 teams from around the world participated in the Blitz Twister Cup final. In total, 17 223 websites with an online readership of 3.64 billion people covered the 2019 18 Blitz Twister Cup, with an estimate of 27 million views. 19 25. Plaintiff has also promoted its WORLD OF TANKS BLITZ and 20 BLITZ trademarks on social media, including collaborating with various 21 YouTubers and content creators for the promotion of the WORLD OF TANKS 22 BLITZ video game platform in June 2019. YouTubers Younes Jones, who has a 23 following of 1.1 million subscribers, AviveHD with 1.62 million subscribers, 24 Simon Desue with 4.4 million subscribers, and JuniorTVLife with 1.07 million 25 subscribers, created videos which depicted their experience playing the WORLD 26 OF TANKS BLITZ game. 27 26. In order to further promote the WORLD OF TANKS BLITZ game, 28 Plaintiff has also initiated a merchandise collaboration with the well-known custom
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1 clothing website Spreadshirt.com. The collaboration enables fans and users of the 2 gaming platform to acquire their favorite merchandise bearing the WORLD OF 3 TANKS BLITZ trademark, such as t-shirts, hoodies, and mugs. The collaboration 4 is accessible to all, with products created for men, women, and children and with 5 more than 25 different styles for each category. 6 27. Since its launch, Plaintiff’s WORLD OF TANKS BLITZ game has 7 received numerous awards and nominations worldwide. For example, the WORLD 8 OF TANKS BLITZ game was recently nominated by Pocket Gamer for “Best 9 Mobile Esport” for the year 2020, which is an annual award recognizing and 10 celebrating the most impressively implemented and strategically sustained mobile 11 e-sport experience of the relevant year. The “Best Mobile Esport” award, together 12 with other video game awards, collectively known as “The Pocket Gamer Mobile 13 Games Awards,” are amongst the most prestigious awards in the video game 14 industry. 15 WORLD OF WARSHIPS BLITZ GAME 16 28. Another well-known video game developed and published by Plaintiff 17 is the game WORLD OF WARSHIPS, a free-to-play naval warfare-themed 18 Massively Multiplayer Online (“MMO”) video game. The WORLD OF 19 WARSHIPS game was released worldwide in September 2015. 20 29. In 2018, Plaintiff expanded globally WORLD OF WARSHIPS to 21 mobile platforms with the announcement of WORLD OF WARSHIPS BLITZ, a 22 mobile version of WORLD OF WARSHIPS for tablets and smartphones 23 using Windows 10, Android, and iOS. The WORLD OF WARSHIPS BLITZ game 24 is a free-to-play mobile action MMO that plunges users into intense naval combat 25 of the first half of the 20th century. 26 30. On July 14, 2017, Plaintiff completed a beta/soft launch of the 27 WORLD OF WARSHIPS BLITZ mobile video game, and on January 17, 2018, the 28 game was launched globally. Since its launch, the WORLD OF WARSHIPS
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1 BLITZ game has been a huge success amongst gamers in the United States and 2 worldwide and has acquired the status of a famous, or at least well-known, 3 trademark by reason of its extensive use and reputation. 4 31. Since its launch in January 2018 and up until today, there have been 5 more than 16.84 million downloads of the WORLD OF WARSHIPS BLITZ game. 6 Each month, there are approximately one million users actively playing the game. 7 32. Since adopting and using the trademark WORLD OF WARSHIPS 8 BLITZ and BLITZ to identifв certain of Plaintiff’s mobile video games, Plaintiff 9 has incurred (and continues to incur) significant amounts in promotional, 10 marketing, and advertising expenses to establish and maintain the reputation of the 11 WORLD OF WARSHIPS BLITZ trademark and Plaintiff’s common law rights to 12 the name BLITZ. 13 33. Examples of Plaintiff’s marketing, promotional, and advertising efforts 14 for its WORLD OF WARSHIPS BLITZ video game include co-operation 15 agreements, merchandise agreements, publications, organizing of specific events, 16 print advertisements, and social media. Plaintiff has specifically targeted 17 consumers in the United States as part of its marketing efforts. For example, as part 18 of a special event called “Victory Blitz,” Plaintiff joined forces with professional 19 hockey player, Stanley Cup winner, and three-times world champion Alexander 20 Ovechkin of the Washington Capitals NHL team. During the limited time period 21 that this version of the game was available, the players had the opportunity to 22 participate in a certain number of battles that enabled them to bring “Ovi” (aka 23 Alexander Ovechkin) aboard. The players were able to choose between different 24 versions of the Ovechkin avatar, to pick ice hockey-themed camo that could be 25 applied to the American Tier VIII battleship Alabama, and to add Ovechkin as a 26 commander of their ship and, as a result, receive an upgraded ship in the game. 27 34. In 2019, Plaintiff’s WORLD OF WARSHIPS BLITZ game was given 28 the People’s Choice award at the Mobile Games Awards. The Mobile Games
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1 Awards is a yearly celebration of the greatest games and developers around the 2 world given by the readers of PocketGamer.com, a leading website that focuses on 3 mobile, portable, and handheld games. 4 35. The WORLD OF WARSHIPS BLITZ game is the subject of 5 substantial publicity, including descriptions, reviews, and discussions of, and news 6 about, the game on a global basis, including in the United States. 7 36. Plaintiff’s trademarks WORLD OF TANKS BLITZ, WORLD OF 8 WARSHIPS BLITZ, and BLITZ have acquired secondary meaning in the United 9 States and worldwide, and are instantly recognizable and associated by the relevant 10 consumers in the United States with Plaintiff and its mobile video MMO game 11 products with a military theme. 12 ASSOCIATION OF BLITZ ALONE WITH PLAINTIFF 13 37. As a result of the extensive use and exposure of Plaintiff’s trademarks 14 WORLD OF TANKS BLITZ and WORLD OF WARSHIPS BLITZ to the relevant 15 public in the United States, and in particular the exposure of the relevant public to 16 the use of the name BLITZ both as a unique characteristic of the trademarks and as 17 a standalone distinctive mark used for Plaintiff’s relevant business, the name 18 BLITZ has come to be associated in the mind of the relevant public with Plaintiff 19 and its MMO mobile action video game business and mobile video game products 20 with a military theme. This has led to Plaintiff acquiring significant international 21 goodwill in the name BLITZ in connection with its relevant MMO mobile action 22 video game business and mobile video game products with a military theme, which 23 goodwill extends to the United States. 24 38. Consumers of Plaintiff’s games often abbreviate and use the name 25 BLITZ as a standalone reference to Plaintiff’s relevant video games. Plaintiff 26 facilitates this association by, for example, operating a game forum website called 27 “Won Blitz” where consumers can post their reviews and comments about 28 Plaintiff’s BLITZ games.
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1 39. The name BLITZ has been used extensively by Plaintiff and its “Blitz 2 Team” throughout the last 5 years, in the course of marketing campaigns, in 3 connection with merchandise related to Plaintiff’s games, and in promotional 4 videos, events, interviews, and other material published online in a wide range of 5 platforms and websites. WORLD OF TANKS BLITZ merchandise featured the 6 name BLITZ alone to identify Plaintiff’s games. The Blitz Twister Cup 7 promotional event described above made extensive use of the name BLITZ as the 8 distinctive name for Plaintiff’s relevant video games. 9 40. Given the success and reputation acquired by Plaintiff’s WORLD OF 10 TANKS BLITZ and WORLD OF WARSHIPS BLITZ games, Plaintiff is currently 11 in the process of developing additional BLITZ video games with a military theme. 12 41. Plaintiff advertises, promotes, and markets its BLITZ games together 13 such that Plaintiff owns a family of BLITZ trademarks 14 42. Plaintiff owns the following federally registered trademarks containing 15 the term BLITZ, and owns common law rights in the term BLITZ alone 16 (collectively “Plaintiff’s BLITZ Marks”): 17 18 Mark Reg. No. Class and Goods/Services Reg. Date 19 WORLD OF 4,590,703 Class 9: Computer games software; August 26, TANKS computer game discs; video games 2014 20 BLITZ software; computer game software 21 for video games and for games machines; computer programs for 22 video and computer games; video 23 discs featuring strategy games relating to armed conflict; optical 24 discs featuring strategy games 25 relating to armed conflict; audio tapes featuring strategy games 26 relating to armed conflict; 27 prerecorded video cassettes featuring strategy games relating to armed 28
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1 Mark Reg. No. Class and Goods/Services Reg. Date 2 conflict; compact discs featuring 3 strategy games relating to armed conflict; blank CD-ROMs for sound 4 or video recording; data bearing 5 record carriers for computers, namely, prerecorded magnetic data 6 carriers featuring strategy games 7 relating to armed conflict; musical sound recordings; video recordings 8 featuring strategy games relating to 9 armed conflict; computer game software for playing video, computer 10 and on-line games; software for 11 enabling video, computer and on-line games to be run on multiple 12 platforms; downloadable software 13 for developing, designing, modifying and customizing video, computer 14 and on-line games; computer game 15 software for use on mobile phones; downloadable electronic publications 16 in the nature of newsletters, journals, 17 magazines and guidebooks in the field of strategy games relating to 18 armed conflict; software for 19 enhancing and developing video games; structural parts and fittings 20 for all the aforesaid goods 21 Class 41: Entertainment provided 22 via the Internet, namely, providing on-line massively multi-player video 23 games; on-line gaming services, 24 namely, providing on-line massively multi-player war games; 25 entertainment services, namely, 26 providing on-line massively multi- player computer games; organizing 27 online multi-player computer games, 28 namely, matching players of online
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1 Mark Reg. No. Class and Goods/Services Reg. Date 2 computer games against each other; 3 on-line entertainment services in the nature of on-line computer game 4 tournaments and leagues; 5 entertainment services in the nature of on-line computer game 6 tournaments and leagues; providing 7 a web-based system and on-line portal for customers to participate in 8 virtual on-line gaming tournaments 9 and leagues, operation and coordination of virtual on-line 10 gaming tournaments and leagues; 11 entertainment services, namely, production and distribution of games 12 shows; providing on-line information 13 in the field of computer gaming entertainment; providing on-line 14 computer games accessed via 15 wireless communication; providing on-line computer games accessed via 16 cellular telephones; providing on- 17 line non-downloadable electronic publications in the nature of 18 newsletters, journals, magazines and 19 guidebooks in the field of strategy games relating to armed conflict 20 WORLD OF 5,809,262 Class 9: Computer games software; July 23, 21 WARSHIPS computer games discs; video games 2019 22 BLITZ cartridges; computer software for playing video games or for operating 23 games machines; computer programs 24 for playing video and computer games; video discs, discs, magnetic 25 tapes, cassettes, compact discs all in 26 the field of strategy and action games relating to armed conflict; 27 blank CD-ROMs for sound or video 28 recordings, data bearing record
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1 Mark Reg. No. Class and Goods/Services Reg. Date 2 carriers for computers, all having 3 game software recorded thereon, all in the field of strategy and action 4 games relating to armed conflict; 5 sound recordings and video recordings in the field of strategy 6 and action games relating to armed 7 conflict; software for playing video, computer and on-line games; 8 software for enabling video, 9 computer and on-line games to be run on multiple platforms; 10 downloadable software for 11 developing, designing, modifying and customizing video, computer 12 and on-line games; games software 13 for mobile phones; computer game software for use on mobile phones; 14 downloadable electronic publications 15 in the nature of newsletters, journals, magazines and guidebooks in the 16 field of strategy and action games 17 relating to armed conflict provided on-line from database for the 18 Internet; video games enhancers, 19 namely, high performance computer hardware with specialized features 20 for enhanced game playing ability; 21 structural parts and fittings for all the aforesaid goods 22 Class 41: Entertainment provided 23 via the Internet, namely, providing 24 online massively multi-player video games; on-line gaming services, 25 namely, providing online massively 26 multi-player video games; providing on-line computer games, multi- 27 player matching services for 28 computer game tournaments, and on-
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1 Mark Reg. No. Class and Goods/Services Reg. Date 2 line entertainment in the nature of 3 online computer game tournaments, virtual or cyber sports leagues 4 relating to armed conflict video 5 games, production and distribution of games shows; providing on-line 6 information in the field of computer 7 gaming entertainment; providing online non-downloadable games by 8 cellular telephone communication; 9 providing online non-downloadable games by or for use on cellular 10 telephones; providing on-line non- 11 downloadable electronic publications in the nature of newsletters, journals, 12 magazines and guidebooks in the 13 field of strategy and action games relating to armed conflict 14 15 True and correct copies of certificates of registration for Plaintiff’s federally 16 registered trademarks, which are valid and subsisting, are attached hereto as Exhibit C 17 . DEFENDANTS AND THEIR INFRINGING ACTIONS 18 19 43. On information and belief, Defendants are using the marks BLITZ 20 TEAM, , and BLITZ ENGINE (collectively the “BLITZ TEAM 21 Marks”) in conjunction with goods and services offered in the video game industry, 22 including in the United States, all without Plaintiff’s approval, license, or consent. 23 44. On or about May 2018, Plaintiff received notice for the first time of 24 Defendants’ company in Belarus, and of Defendants’ efforts to develop and release 25 a new action mobile video game with a military theme in the global market. 26 45. On information and belief, Blitz Team operates a website on the URL 27 www.blitzteam.com (the “Blitz Team Website”) which use the BLITZ TEAM 28 Marks.
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1 46. Defendants registered BLITZ TEAM, BLITZ TEAM & Design, and 2 BLITZ ENGINE in Belarus as national trademarks, which then served as the basis 3 for the subsequent filing by Defendants of the following three International BLITZ 4 trademark applications: IR 1475283 BLITZ TEAM in Class 42; IR 1474692 5 BLITZ TEAM & Design in Class 42; and IR 1478842 BLITZ ENGINE in Class 9. 6 The International applications were filed with the World Intellectual Property 7 Office (“WIPO”) under the Madrid Protocol and were extended to the U.S. and to 8 other jurisdictions. 9 47. Plaintiff immediately took steps and is currently in the process of 10 taking further legal steps in Belarus and in other jurisdictions worldwide to oppose 11 Defendants’ trademark applications or, as the case may be, to cancel the resulting 12 registrations on the basis of Plaintiff’s prior rights in its well-known trademarks 13 WORLD OF TANK BLITZ, WORLD OF WARSHIPS BLITZ, and BLITZ. 14 DEFENDANTS’ PRIOR EMPLOYMENT WITH PLAINTIFF 15 48. Plaintiff has reasonable grounds to believe that Blitz Team was set up 16 by former employees of Plaintiff, who focused on the development of the WORLD 17 OF TANKS BLITZ game when working for Plaintiff. Attached hereto as Exhibit 18 D is a true and correct copy of a letter from the Ministry of Justice of the Republic 19 of Belarus attaching an extract from the Republic of Belarus’ Unified State Register 20 of Legal Entities and Individual Entrepreneurs as of October 4, 2018. The extract 21 supplied by the Belarus authorities shows that Blitz Team was formed and is owned 22 by Kleshchenko Viktor Konstantinovich and Polyakov Kirill Nikolaevich, and that 23 the entity was formed on April 28, 2018. Before leaving their employment with 24 JLLC GameStream (a company within the Wargaming Group), Mr. Kleschenko 25 was Lead Tools Developer and Mr. Polyakov was the Product Manager for the 26 WORLD OF TANKS BLITZ game. Mr. Polyakov quit his employment by JLLC 27 GameStream on April 27, 2018, the day before Blitz Team was formed. 28 49. Plaintiff has reasonable grounds to suspect that that Defendants,
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1 through their agents and employees, improperly encouraged, induced, or solicited 2 more than thirty employees of Plaintiff to join Blitz Team, such former employees 3 being part of Plaintiff’s own “Blitz Team” referred to in Paragraph 2 above. These 4 suspicions are supported, amongst others, by various posts by numerous former 5 employees of Plaintiff on their respective social media profiles, such as Facebook 6 and LinkedIn, reflecting that they were employed with Plaintiff and are now 7 employed by Blitz Team. For example, the Facebook profile of former employee 8 UX Designer Artem Mazurkevich (Ар ё Ма р е ч) states that he was an 9 employee of the Wargaming Global Team from December 2015 until October 10 2018, at which time he became employed at “Blitz Team” as a UX Expert. Also, 11 Volha Mamul’s (О ь а Ма ь) profile reveals that she is an emploвee of Blitz 12 Team while in the past she worked as a Project Manager for Plaintiff. 13 50. Plaintiff’s “Blitz Team” was formed in approximately 2013 in 14 connection with an agreement known as the Transfer of Rights & Future 15 Cooperation Agreement (“TRFCA”), a true and correct copy of which is attached 16 hereto as Exhibit E. By that agreement, Mr. Karpiuk, Mr. Baradouski, Mr. Drozd, 17 and Mr. Babraunichy conveyed certain software to Plaintiff, and agreed to work on 18 the WORLD OF TANKS BLITZ game for Plaintiff. The agreement also required 19 Plaintiff to employ Mr. Kleschenko and Mr. Polyakov as “Key Personnel” for the 20 development of the WORLD OF TANKS BLITZ game. 21 51. Plaintiff has paid the DAVA Individuals in excess of US $10,000,000 22 under the TRFCA. 23 52. The TRFCA required the DAVA Individuals to enter into “Non- 24 Compete and Non-Solicitation Agreements.” Attached hereto as Exhibit F are true 25 and correct copies of the executed Non-Compete and Non-Solicitation Agreements. 26 53. Section 2.1 of the Non-Competition and Non-Solicitation Agreements 27 obligates the DAVA Individuals not to “personally or through others encourage, 28 induce, attempt to induce, solicit or attempt to solicit (on [their] own behalf or on
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1 behalf of any other person or entity), or take any other action which is intended to 2 induce or encourage, or has the effect of inducing or encouraging, any employee of 3 the Wargaming Group to leave his or her employment with the Wargaming Group 4 to engage in a Prohibited Activity with [the DAVA Individuals].” The DAVA 5 Individuals were obligated not to solicit Plaintiff’s employees “commencing on the 6 Effective Date and ending on the one (1)-year anniversary of the Employment 7 Termination.” The “Effective Date” is defined as the date of the execution of the 8 TRFCA (August 27, 2013). 9 54. Section 1.2 of the Non-Competition and Non-Solicitation Agreements 10 defines “Prohibited Activity” to include: “(a) [to] participate or engage, anywhere 11 in the Restricted Territory, in any business (including research and development), 12 operations, activities and/or services, that are or involve the creation, design, 13 development, modification, marketing, licensing, sale or other distribution of (1) 14 any Multiplayer Online Battle Arena (MOBA) electronic or video games, massively 15 multiplayer online games, multi- and single player electronic and video games 16 (whether for gaming consoles, PCs, hand-held devices, including tablets, mobile 17 and cell phone devices, or any other electronic platforms), where any such games 18 feature the use of tanks, warplanes, battleships, helicopters, or robots, or (2) games 19 that are based in significant part on elements substantially similar to those in the 20 Game and/or [WOTB] (as defined in the [TRFCA]), and/or any other electronic 21 and video games that are currently are [sic] planned and/or being developed by 22 Wargaming Group, without regard to [the DAVA Individuals’] actual involvement 23 into the development of such ) (‘Competing Business Purpose’); (b) be or become 24 an officer, director, stockholder, owner, Affiliate, salesperson, co-owner, partner, 25 trustee, promoter, technician, engineer, analyst, employee, agent, representative, 26 supplier, contractor, consultant, advisor or manager of or to, or otherwise acquire or 27 hold any interest in, or participate in or facilitate the financing, operation, 28 management or control of, or otherwise assist any firm, partnership, corporation,
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Case 2:20-cv-02763 Document 1 Filed 03/25/20 Page 19 of 49 Page ID #:19
1 person, entity or business that engages or participates in a Competing Business 2 Purpose in the Restricted Territory.” 3 55. Over the course of the six months after the DAVA Individuals left 4 Plaintiff’s emploв, from May 2018 to October 2018, thirty-four (34) employees left 5 Plaintiff and joined Defendants. The bulk of the improper hires occurred in May 6 2018 (the same month the DAVA Individuals left Plaintiff), when twenty-three (23) 7 members of Plaintiff’s mobile development team joined Defendants. 8 56. Plaintiff is informed and believes that the DAVA Individuals, as well 9 as others working in concert with the DAVA Individuals, contacted Plaintiff 10 employees on behalf of Defendants. 11 57. On February 20, 2018, Mr. Baradouski told one of Plaintiff’s 12 employees that the DAVA Individuals planned to leave Plaintiff to start a new 13 company, and asked the employee to join their new company. Mr. Baradouski 14 instructed the employee to keep the departure plan secret, and revealed that only 15 eight people knew about the departure plan. The eight people included the DAVA 16 Individuals, as well as Mr. Polyakov and Mr. Kleschenko, who are the two former 17 employees that formed Blitz Team LLC less than two months later. At the time of 18 the conversation, the DAVA Individuals, Mr. Polyakov and Mr. Kleschenko were 19 employed by Plaintiff. 20 58. Around that same time, Mr. Karpiuk separately met with another of 21 Plaintiff’s emploвees and, on information and belief, revealed the departure plan. 22 Plaintiff’s employee later left his employment, and joined Defendants at Blitz Team 23 LLC. 24 59. The selection of the name BLITZ by Defendants, as well as the filing 25 by Defendants of the trademark applications identified in Paragraphs 46 and 72 26 were made deliberately, in bad faith, and for the sole purpose of taking unfair 27 advantage of the reputation and goodwill of Plaintiff’s well-known BLITZ Marks. 28 60. Plaintiff suspects that the game which Defendants developed may also
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Case 2:20-cv-02763 Document 1 Filed 03/25/20 Page 20 of 49 Page ID #:20
1 infringe other intellectual property rights belonging exclusively to Plaintiff and in 2 particular rights to copyrights related to the WORLD OF TANKS BLITZ and/or 3 WORLD OF WARSHIPS BLITZ games. 4 61. The Higher Court of the Republic of Belarus is considering five 5 lawsuits filed by Plaintiff against the former employees of JLLC GameStream who 6 have left JLLC GameStream to work for Defendants. In these lawsuits, Plaintiff 7 claims that these individuals illegally published and communicated to the public the 8 source code of the technology owned by Plaintiff, namely, the DAVA Framework 9 (aka DAVA Engine). Plaintiff intends to amend this Complaint to add a copyright 10 claim after additional proof is obtained. 11 62. Since December 12, 2018, the Ministry of Antimonopoly Regulation 12 and Trade of Belarus has been considering JLLC GameStream’s application about 13 Defendants’ violation of antimonopoly legislation in the form of unfair 14 competition. 15 63. Like WORLD OF TANKS BLITZ and WORLD OF WARSHIPS 16 BLITZ video games Defendants’ first video game, BATTLE PRIME, is a free-to- 17 play multiplayer shooter with a military theme. On information and belief, the 18 battles in Defendants’ BATTLE PRIME video game last approximately five 19 minutes. In each game, two teams of up to six players must face each other in a 20 virtual world, where the goal is to earn points and move up the leaderboard by 21 destroying as many enemies as possible. Every time a player destroys an enemy, he 22 earns points. Players play with “primes,” i.e., universal war avatars with unique 23 attack abilities. Every prime has its own tactics and characteristics. Each time the 24 plaвer joins a new battle or rejoins a battle after the plaвer’s avatar is killed, the 25 plaвer switches to another one of the plaвer’s prime avatars. 26 64. As with Plaintiff’s WORLD OF TANKS BLITZ and WORLD OF 27 WARSHIPS BLITZ video games, Defendants’ BATTLE PRIME game is available 28 for download via Google Play (for Android devices) and App Store (for Apple iOS
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1 devices). BATTLE PRIME’s total worldwide revenue is $183,694, and the single 2 largest source of revenue was $70,023 from the United States. As such, 3 Defendants’ BATTLE PRIME game is advertised and marketed to the same public 4 as the one targeted by Plaintiff for its own BLITZ video games. 5 65. Plaintiff suspects that Defendants used the DAVA Framework (aka 6 DAVA Engine) source code while developing Defendants’ BATTLE PRIME game. 7 Plaintiff, through its affiliate JLLC GameStream, has made numerous requests to 8 Defendants to provide it with the computer code of the BATTLE PRIME game for 9 the purpose of its comparison by experts in order to ascertain if it includes any part 10 of the computer code of the DAVA Framework. So far, Defendants have failed to 11 respond to JLLC GameStream’s requests. 12 66. On July 19, 2019, Defendants’ U.S. attorneys, located in this District, 13 addressed a letter to Plaintiff, informing it of their clients’ intention to release to 14 market a test version of their BATTLE PRIME mobile game. The letter alleged, 15 amongst other things, that the BATTLE PRIME game would not infringe Plaintiff’s 16 copyright and warned Plaintiff not to unlawfully interfere with their clients’ 17 contractual or business relationships. Defendants’ counsel also alleged and 18 explained the reasons why, in their opinion, the overall elements of the BATTLE 19 PRIME game software are noticeably distinct from the WORLD OF TANKS 20 BLITZ software and invited Plaintiff’s U.S. attorneys to contact them should they 21 have any intellectual property concerns about the BATTLE PRIME game. A true 22 and correct copy of Defendants’ July 19, 2019 letter to Plaintiff is attached hereto 23 as Exhibit G. 24 67. On August 6, 2019, Plaintiff’s U.S. attorneys replied, denying any 25 allegations to the effect that Plaintiff acted unreasonably in defending its legal and 26 intellectual property rights in Belarus or anywhere else and making it clear that 27 Plaintiff’s concerns are not limited to the potential claim for copyright infringement 28 on the part of Defendants, but also to misappropriation of other intellectual property
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1 rights of Plaintiff, including Plaintiff’s BLITZ Marks. With this letter, it was also 2 made clear to Defendants’ lawyers that Plaintiff did not authorize Defendants’ use 3 of BLITZ TEAM or BLITZ GAME or the use of the name of BLITZ, and Plaintiff 4 demanded that Defendants cease use of the BLITZ mark. A true and correct copy 5 of Plaintiff’s August 6, 2019 letter to Defendants is attached hereto as Exhibit H. 6 68. On December 11, 2019, Defendants responded to Plaintiff’s August 6, 7 2019 letter. Defendants denied Plaintiff’s requests, and denied that Defendants 8 have wrongfully solicitated or induced former employees of Plaintiff to join Blitz 9 Team. 10 69. Defendants have not ceased their unlawful activities and continue to 11 infringe and otherwise violate Plaintiff’s BLITZ Marks. 12 70. On December 11, 2019, Defendants proceeded with the launch and 13 release of the final version of the BATTLE PRIME video game app in the United 14 States and worldwide, which can be downloaded and played by consumers in the 15 United States and worldwide on Android and iOS mobile devices. 16 71. Defendants’ BATTLE PRIME game and related apps on Google Play 17 and Apple App Store, as well as Defendants’ own websites (www.battleprime.com 18 and www.blitzteam.com), are directed to end users in the United States, and they all 19 make use of the name BLITZ, either as part of Defendants’ corporate name Blitг 20 Team or as part of the trademarks BLITZ TEAM, BLITZ ENGINE, 21 , and . Attached hereto as Exhibit I are true and 22 correct copies of screenshots and extracts from Google Play, the Apple App Store, 23 Defendants’ websites www.battleprime.com and www.blitzteam.com, and 24 www.battleprime.com’s “Terms of Use” “Privacв Policв,” all showing Defendants’ 25 unauthorized use of the BLITZ mark and corporate name in the United States. 26 Specifically, www.battleprime.com’s Terms of Use states: 27 For United States residents, these Terms of Use contain a 28
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1 binding arbitration clause in Section 8 and a class-action waiver 2 that affects your rights about how to resolve disputes. If you live in the United States, please read it carefully. Except where 3 you opt out, and except for certain types of disputes described 4 in Section 8, you agree that any disputes arising between you and Blitz Team will be resolved by binding, individual 5 arbitration and you waive your right to participate in any class- 6 action lawsuit or class-wide arbitration. . . . 7 8. 8. Dispute Resolution and Governing Law 8 If a dispute arises between you and BLITZ TEAM, we you 9 shall first contact us directly to seek a resolution by going to 10 our customer support site at https://blitzteam.helpshift.com/a/battle-prime/ You agree to 11 exhaust all reasonable resolution efforts with the BLITZ TEAM 12 before seeking dispute resolution elsewhere. If you are a resident of the United States of America, these Terms of Use 13 and any unresolved material dispute arising out of or related to 14 it or Privacy Policy or the Service shall be governed in all respects by the laws of the state of New York, without regard to 15 conflicts of law provisions. You agree that any unresolved 16 material claim or dispute that you may have against us must be resolved exclusively by a court located in Manhattan, New 17 York. If you are not a resident of the United States, you agree 18 that all unresolved material disputes between you and us shall be governed by the laws of Belarus without regard to conflict of 19 law provisions. You agree that any unresolved material claim 20 or dispute you may have against us may be resolved exclusively by a court located in Minsk, Belarus. 21 If you are a United States resident or otherwise make any 22 claim against us in the United States, you expressly agree that 23 any legal claim, dispute or other controversy between you and BLITZ TEAM arising out of or otherwise relating in any way to 24 Services, including controversies relating to the applicability, 25 enforceability or validity of any provision of these Terms of Use or our Privacy Policy (collectively Disputes ), shall be 26 “ ” resolved in confidential binding arbitration conducted before 27 one commercial arbitrator from the American Arbitration Association ( AAA ), rather than in a court, as described 28 “ ”
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1 herein. The arbitration will be governed by the AAA’s 2 commercial arbitration rules and, if the arbitrator deems them applicable, the supplementary procedures for consumer related 3 disputes (collectively “Rules and Procedures”). You 4 acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury and to otherwise proceed in a 5 lawsuit in state or federal court. 6 (Emphasis added.) 7 72. Defendants have also filed, through their International applications 8 with the WIPO, the following applications to register the BLITZ TEAM Marks 9 with the U.S. Patent and Trademark Office (“PTO”): 10
11 Ser. No. Mark Class and Services 12 Filing Date 13 BLITZ TEAM 79/262,236 Class 42: Scientific and technological services and research and design relating thereto; 14 March 11, 2019 industrial analysis and industrial research 15 services; design and development of computer Priority Date hardware and software; water analysis; 16 based on computer system analysis; handwriting analysis International 17 [graphology]; chemical analysis; energy Application 18 auditing; architectural services; recovery of Nov. 12, 2018 computer data; interior design; industrial 19 design; graphic arts design; oil-field surveys; 20 geological surveys; engineering; computer virus protection services; installation of 21 computer software; meteorological 22 information; material testing; textile testing; bacteriological research; biological research; 23 geological research; research in the field of 24 environmental protection; cosmetic research; mechanical research; chemical research; 25 research and development of new products for 26 others; scientific research; analysis for oil-field exploitation; underwater exploration; technical 27 research; calibration [measuring]; web site 28 design consultancy; computer security
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1 Ser. No. Mark Class and Services 2 Filing Date 3 consultancy; information technology [IT] consultancy; consultancy in the design and 4 development of computer hardware; 5 architectural consultancy; Internet security 6 consultancy; computer software consultancy; data security consultancy; technological 7 consultancy; oil-well testing; quality control; 8 vehicle roadworthiness testing; land surveying; dress designing; updating of computer 9 software; monitoring of computer systems to 10 detect breakdowns; monitoring of computer systems for detecting unauthorized access or 11 data breach; monitoring of computer systems 12 by remote access; software as a service [SaaS]; maintenance of computer software; 13 authenticating works of art; design of interior 14 decor; quality evaluation of standing timber; quality evaluation of wool; digitization of 15 documents [scanning]; conversion of data or 16 documents from physical to electronic media; urban planning; providing information on 17 computer technology and programming via a 18 web site / providing information on computer technology and programming via a website; 19 provision of scientific information, advice and 20 consultancy in relation to carbon offsetting; providing search engines for the Internet; 21 conversion of computer programs and data, 22 other than physical conversion; conducting technical project studies; computer system 23 design; rental of web servers; computer rental; 24 rental of computer software; unlocking of mobile phones; geological prospecting; oil 25 prospecting; hosting computer sites [web sites]; 26 server hosting; construction drafting; cloud seeding; consultancy in the field of energy- 27 saving; creating and designing website-based 28 indexes of information for others [information
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1 Ser. No. Mark Class and Services 2 Filing Date 3 technology services]; creating and maintaining web sites for others; computer programming; 4 technical writing; duplication of computer 5 programs; cloud computing; chemistry 6 services; outsource service providers in the field of information technology; packaging 7 design; off-site data backup; computer 8 technology consultancy; telecommunications technology consultancy; scientific laboratory 9 services; weather forecasting; styling 10 [industrial design]; cartography services; data encryption services; research in the field of 11 physics; electronic data storage; surveying; 12 electronic monitoring of credit card activity to detect fraud via the Internet; electronic 13 monitoring of personally identifying 14 information to detect identity theft via the Internet 15 79/261,988 Class 42: Scientific and technological services 16 and research and design relating thereto; March 11, 2019 17 industrial analysis and industrial research services; design and development of computer Priority Date 18 hardware and software; water analysis; based on computer system analysis; handwriting analysis 19 International [graphology]; chemical analysis; energy Application 20 auditing; architectural services; recovery of 21 Nov. 12, 2018 computer data; interior design; industrial design; graphic arts design; oil-field surveys; 22 geological surveys; engineering; computer 23 virus protection services; installation of computer software; meteorological 24 information; material testing; textile testing; 25 bacteriological research; biological research; geological research; research in the field of 26 environmental protection; cosmetic research; 27 mechanical research; chemical research; research and development of new products for 28
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1 Ser. No. Mark Class and Services 2 Filing Date 3 others; scientific research; analysis for oil-field exploitation; underwater exploration; technical 4 research; calibration [measuring]; web site 5 design consultancy; computer security 6 consultancy; information technology [IT] consultancy; consultancy in the design and 7 development of computer hardware; 8 architectural consultancy; Internet security consultancy; computer software consultancy; 9 data security consultancy; technological 10 consultancy; oil-well testing; quality control; vehicle roadworthiness testing; land surveying; 11 dress designing; updating of computer 12 software; monitoring of computer systems to detect breakdowns; monitoring of computer 13 systems for detecting unauthorized access or 14 data breach; monitoring of computer systems by remote access; software as a service [SaaS]; 15 maintenance of computer software; 16 authenticating works of art; design of interior decor; quality evaluation of standing timber; 17 quality evaluation of wool; digitization of 18 documents [scanning]; conversion of data or documents from physical to electronic media; 19 urban planning; providing information on 20 computer technology and programming via a web site / providing information on computer 21 technology and programming via a website; 22 provision of scientific information, advice and consultancy in relation to carbon offsetting; 23 providing search engines for the Internet; 24 conversion of computer programs and data, other than physical conversion; conducting 25 technical project studies; computer system 26 design; rental of web servers; computer rental; rental of computer software; unlocking of 27 mobile phones; geological prospecting; oil 28 prospecting; hosting computer sites [web sites];
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1 Ser. No. Mark Class and Services 2 Filing Date 3 server hosting; construction drafting; cloud seeding; consultancy in the field of energy- 4 saving; creating and designing website-based 5 indexes of information for others [information 6 technology services]; creating and maintaining web sites for others; computer programming; 7 technical writing; duplication of computer 8 programs; cloud computing; chemistry services; outsource service providers in the 9 field of information technology; packaging 10 design; off-site data backup; computer technology consultancy; telecommunications 11 technology consultancy; scientific laboratory 12 services; weather forecasting; styling [industrial design]; cartography services; data 13 encryption services; research in the field of 14 physics; electronic data storage; surveying; electronic monitoring of credit card activity to 15 detect fraud via the Internet; electronic 16 monitoring of personally identifying information to detect identity theft via the 17 Internet 18 BLITZ 79/263,707 Class 9: Scientific, nautical, surveying, 19 ENGINE photographic, cinematographic, optical, March 11, 2019 weighing, measuring, signalling, checking 20 (supervision), life-saving and teaching Priority Date apparatus and instruments; apparatus and 21 based on instruments for conducting, switching, International 22 transforming, accumulating, regulating or Application 23 controlling electricity; apparatus and Nov. 23, 2018 instruments for recording, transmitting, 24 reproducing sound or images; magnetic data 25 media, sound recording discs; compact discs, DVDs and other digital recording media; 26 mechanisms for coin-operated apparatus; cash 27 registers, calculating devices, data processing equipment and computers; computer software; 28
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1 Ser. No. Mark Class and Services 2 Filing Date 3 fire-extinguishing apparatus; 3D spectacles; DVD players; ticket dispensers; coin-operated 4 musical automata (juke boxes); fire engines; 5 answering machines; electrical adapters; 6 batteries for electronic cigarettes; accumulators, electric; accumulators, electric, 7 for vehicles; accelerometers; actinometers; 8 alidades; altimeters; ammeters; anemometers; anodes; antennas; anticathodes; apertometers 9 [optics]; high-frequency apparatus; testing 10 apparatus not for medical purposes; electro- dynamic apparatus for the remote control of 11 railway points; remote control apparatus; 12 electro-dynamic apparatus for the remote control of signals; monitoring apparatus, other 13 than for medical purposes; Global Positioning 14 System [GPS] apparatus; distillation apparatus for scientific purposes; diffraction apparatus 15 [microscopy]; air analysis apparatus; apparatus 16 to check stamping mail; sound transmitting apparatus; apparatus for fermentation 17 [laboratory apparatus]; breathing apparatus for 18 underwater swimming; breathing apparatus, except for artificial respiration; apparatus and 19 installations for the production of X-rays, not 20 for medical purposes; cash registers; electric apparatus for commutation; 21 intercommunication apparatus; stills for 22 laboratory experiments; projection apparatus; radiological apparatus for industrial purposes; 23 X-ray apparatus not for medical purposes; 24 blueprint apparatus; flashing lights [luminous signals]; stereoscopic apparatus; telephone 25 apparatus; facsimile machines; phototelegraphy 26 apparatus; igniting apparatus, electric, for igniting at a distance; acid hydrometers; 27 salinometers; acidimeters for batteries; 28 aerometers; beacons, luminous; accumulator
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1 Ser. No. Mark Class and Services 2 Filing Date 3 jars; barometers; anode batteries; galvanic batteries; batteries for lighting; solar batteries; 4 solar panels for the production of electricity; 5 batteries, electric; balances [steelyards]; 6 betatrons; binoculars; biochips; electronic tags for goods; lens hoods; magnetic tape units for 7 computers; computer memory devices; fire 8 hose nozzles; encoded identification bracelets, magnetic; connected bracelets [measuring 9 instruments]; safety tarpaulins; electronic key 10 fobs being remote control apparatus; bullet- proof clothing; signalling buoys; life buoys; 11 marking buoys; directional compasses; vacuum 12 gauges; electrolysers; variometers; verniers; scales; baby scales; bathroom scales; letter 13 scales; weighbridges; precision balances; scales 14 with body mass analysers; levelling staffs [surveying instruments]; rods [surveying 15 instruments]; camcorders; video baby 16 monitors; video cassettes; video telephones; video screens; viewfinders, photographic; 17 electric plugs; electric sockets; couplings, 18 electric; micrometer screws for optical instruments; viscosimeters; circuit closers; 19 wavemeters; voltmeters; mechanical signs; 20 signs, luminous; switchboxes [electricity]; current rectifiers; gas testing instruments; 21 gasometers [measuring instruments]; 22 galvanometers; hands-free kits for telephones; heliographic apparatus; hygrometers; 23 hydrometers; weights; peepholes [magnifying 24 lenses] for doors; holograms; plotters; loudspeakers; sounding leads; plumb bobs; 25 range finders; densimeters; densitometers; parts 26 of optical goods; detectors; smoke detectors; infrared detectors; counterfeit [false] coin 27 detectors; joysticks for use with computers, 28 other than for video games; transparencies
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Case 2:20-cv-02763 Document 1 Filed 03/25/20 Page 31 of 49 Page ID #:31
1 Ser. No. Mark Class and Services 2 Filing Date 3 [photography]; slide projectors; diaphragms [photography]; dictating machines; 4 dynamometers; light-emitting diodes [LED]; 5 floppy disks; disks, magnetic; optical discs; 6 circular slide rules; disk drives for computers; juke boxes for computers; DNA chips; 7 electronic interactive whiteboards; electronic 8 notice boards; bullet-proof waistcoats; life jackets; reflective safety vests; identification 9 threads for electric wires; nose clips for divers 10 and swimmers; locks, electric; bells [warning devices]; alarm bells, electric; electric door 11 bells; signal bells; audio interfaces; acoustic 12 conduits; mirrors for inspecting work; road signs, luminous or mechanical; marine depth 13 finders; probes for scientific purposes; buzzers; 14 needles for surveying compasses; needles for record players; measures; pressure measuring 15 apparatus; simulators for the steering and 16 control of vehicles; inverters [electricity]; pressure indicators; temperature indicators; 17 incubators for bacteria culture; cosmographic 18 instruments; mathematical instruments; levelling instruments; instruments containing 19 eyepieces; surveying instruments; azimuth 20 instruments; interfaces for computers; ionization apparatus not for the treatment of air 21 or water; spark-guards; coaxial cables; fibre 22 optic cables; cables, electric; calipers; slide calipers; screw-tapping gauges; calorimeters; 23 calculating machines; pocket calculators; 24 decompression chambers; cinematographic cameras; thermal imaging cameras; mouth 25 guards for sports; life-saving capsules for 26 natural disasters; electronic pens [visual display units]; holders for electric coils; identity cards, 27 magnetic; video game cartridges; toner 28 cartridges, unfilled, for printers and
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Case 2:20-cv-02763 Document 1 Filed 03/25/20 Page 32 of 49 Page ID #:32
1 Ser. No. Mark Class and Services 2 Filing Date 3 photocopiers; memory cards for video game machines; encoded magnetic cards; riding 4 helmets; protective helmets; carriers for dark 5 plates [photography]; automated teller 6 machines [ATM]; cathodes; spools [photography]; choking coils [impedance]; 7 coils, electric; electromagnetic coils; 8 cinematographic film, exposed; computer keyboards; solenoid valves [electromagnetic 9 switches]; wire connectors [electricity]; 10 encoded key cards; electronic book readers; electronic agendas; push buttons for bells; 11 magnetic encoders; anti-dazzle shades; 12 collectors, electric; calibrating rings; smart rings; protective suits for aviators; 13 commutators; compact discs [audio-video]; 14 compact discs [read-only memory]; comparators; marine compasses; laptop 15 computers; tablet computers; notebook 16 computers; condensers [capacitors]; contacts, electric; wind socks for indicating wind 17 direction; traffic cones; branch boxes 18 [electricity]; distribution boxes [electricity]; junction boxes [electricity]; connectors 19 [electricity]; accumulator boxes; cabinets for 20 loudspeakers; diving suits; galena crystals [detectors]; reflecting discs for wear, for the 21 prevention of traffic accidents; covers for 22 electric outlets; logs [measuring instruments]; lasers, not for medical purposes; 23 lactodensimeters; lactometers; vacuum tubes 24 [radio]; darkroom lamps [photography]; thermionic tubes; amplifying tubes; flashlights 25 [photography]; head cleaning tapes [recording]; 26 magnetic tapes; videotapes; surveying chains; fire escapes; rulers [measuring instruments]; 27 square rulers for measuring; slide-rules; contact 28 lenses; correcting lenses [optics]; close-up
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Case 2:20-cv-02763 Document 1 Filed 03/25/20 Page 33 of 49 Page ID #:33
1 Ser. No. Mark Class and Services 2 Filing Date 3 lenses; optical lenses; optical condensers; sounding lines; electricity conduits; measuring 4 spoons; magnifying glasses [optics]; thread 5 counters; magnets; decorative magnets; crash 6 test dummies; resuscitation mannequins [teaching apparatus]; mouse [computer 7 peripheral]; manometers; security tokens 8 [encryption devices]; divers’ masks; solderers’ helmets; protective masks; respiratory masks, 9 other than for artificial respiration; materials 10 for electricity mains [wires, cables]; voting machines; money counting and sorting 11 machines; material testing instruments and 12 machines; furniture especially made for laboratories; megaphones; portable media 13 players; diaphragms [acoustics]; diaphragms 14 for scientific apparatus; metal detectors for industrial or military purposes; digital weather 15 stations; metronomes; rules [measuring 16 instruments]; carpenters’ rules; dressmakers’ measures; mechanisms for coin-operated 17 apparatus; mechanisms for counter-operated 18 apparatus; coin-operated mechanisms for television sets; shutter releases [photography]; 19 micrometers; microprocessors; microscopes; 20 microtomes; microphones; audio mixers; modems; lightning rods; monitors [computer 21 hardware]; monitors [computer programs]; 22 selfie sticks [hand-held monopods]; terminals [electricity]; junction sleeves for electric 23 cables; teeth protectors; temperature indicator 24 labels, not for medical purposes; knee-pads for workers; headphones; surveyors’ levels; sound 25 recording carriers; optical data media; 26 electronic sheet music, downloadable; computer software, recorded; sheaths for 27 electric cables; identification sheaths for 28 electric wires; weighing machines; computer
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Case 2:20-cv-02763 Document 1 Filed 03/25/20 Page 34 of 49 Page ID #:34
1 Ser. No. Mark Class and Services 2 Filing Date 3 hardware; punched card machines for offices; lifesaving apparatus and equipment; shoes for 4 protection against accidents, irradiation and 5 fire; objectives [lenses] [optics]; lenses for 6 astrophotography; egg-candlers; fire extinguishers; electrified fences; limiters 7 [electricity]; clothing for protection against 8 accidents, irradiation and fire; asbestos clothing for protection against fire; clothing especially 9 made for laboratories; ozonisers [ozonators]; 10 octants; eyepieces; ohmmeters; wrist rests for use with computers; eyeglass frames; frames 11 for pince-nez; oscillographs; plumb lines; 12 mirrors [optics]; eyeglasses; sunglasses; googles for sports; electronic collars to train 13 animals; signalling panels, luminous or 14 mechanical; radio pagers; pince-nez; electronic pocket translators; transmitters 15 [telecommunication]; telephone transmitters; 16 transmitters of electronic signals; switches, electric; periscopes; gloves for divers; gloves 17 for protection against accidents; gloves for 18 protection against X-rays for industrial purposes; asbestos gloves for protection against 19 accidents; ovens for laboratory use; droppers 20 for measuring, other than for medical or household purposes; pyrometers; planimeters; 21 plane tables [surveying instruments]; plates for 22 batteries; wafers for integrated circuits; printed circuit boards; compact disc players; cassette 23 players; protective films adapted for computer 24 screens; protective films adapted for smartphones; sound recording strips; X-ray 25 films, exposed; films, exposed; life-saving 26 rafts; laboratory trays; digital signs; semi- conductors; polarimeters; fire pumps; 27 graduated glassware; life belts; fuses; circuit 28 breakers; converters, electric; telerupters; food
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Case 2:20-cv-02763 Document 1 Filed 03/25/20 Page 35 of 49 Page ID #:35
1 Ser. No. Mark Class and Services 2 Filing Date 3 analysis apparatus; diagnostic apparatus, not for medical purposes; distance recording 4 apparatus; distance measuring apparatus; speed 5 measuring apparatus [photography]; apparatus 6 for measuring the thickness of leather; apparatus for measuring the thickness of skins; 7 speed checking apparatus for vehicles; time 8 recording apparatus; apparatus and instruments for astronomy; navigational instruments; 9 apparatus and instruments for physics; 10 chemistry apparatus and instruments; measuring devices, electric; boiler control 11 instruments; meteorological instruments; naval 12 signalling apparatus; observation instruments; navigation apparatus for vehicles [on-board 13 computers]; satellite navigational apparatus; 14 regulating apparatus, electric; precision measuring apparatus; audio- and video- 15 receivers; prisms [optics]; computer software 16 applications, downloadable; printers for use with computers; hemline markers; retorts’ 17 stands; apparatus for changing record player 18 needles; drainers for use in photography; cleaning apparatus for sound recording discs; 19 fire beaters; sighting telescopes for firearms; 20 test tubes; pressure indicator plugs for valves; magnetic wires; telegraph wires; telephone 21 wires; wires, electric; conductors, electric; 22 copper wire, insulated; fuse wire; computer programs, recorded; computer game software; 23 computer programs, downloadable; computer 24 operating programs, recorded; record players; processors [central processing units]; rods for 25 water diviners; electronic publications, 26 downloadable; distribution consoles [electricity]; control panels [electricity]; radar 27 apparatus; baby monitors; masts for wireless 28 aerials; transmitting sets [telecommunication];
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Case 2:20-cv-02763 Document 1 Filed 03/25/20 Page 36 of 49 Page ID #:36
1 Ser. No. Mark Class and Services 2 Filing Date 3 radios; vehicle radios; sprinkler systems for fire protection; frames for photographic 4 transparencies; screens for photoengraving; 5 flowmeters; walkie-talkies; voltage surge 6 protectors; voltage regulators for vehicles; stage lighting regulators; light dimmers 7 [regulators], electric; speed regulators for 8 record players; reducers [electricity]; washing trays [photography]; marking gauges [joinery]; 9 T-squares for measuring; time switches, 10 automatic; relays, electric; safety restraints, other than for vehicle seats and sports 11 equipment; X-ray photographs, other than for 12 medical purposes; rheostats; respirators for filtering air; retorts; refractometers; refractors; 13 grids for batteries; humanoid robots with 14 artificial intelligence; speaking tubes; horns for loudspeakers; subwoofers; saccharometers; 15 optical fibers [fibres] [light conducting 16 filaments]; traffic-light apparatus [signalling devices]; dog whistles; signalling whistles; 17 sextants; inductors [electricity]; safety nets; 18 nets for protection against accidents; fire alarms; signals, luminous or mechanical; 19 sirens; electronic access control systems for 20 interlocking doors; scanners [data processing equipment]; integrated circuit cards [smart 21 cards]; smartglasses; smartphones; 22 smartwatches; connections for electric lines; couplings, electric; sonars; sound locating 23 instruments; lighting ballasts; resistances, 24 electric; spectrograph apparatus; spectroscopes; speed indicators; alcoholmeters; satellites for 25 scientific purposes; protection devices for 26 personal use against accidents; audiovisual teaching apparatus; radiotelegraphy sets; 27 charging stations for electric vehicles; 28 radiotelephony sets; spectacle lenses; anti-glare
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Case 2:20-cv-02763 Document 1 Filed 03/25/20 Page 37 of 49 Page ID #:37
1 Ser. No. Mark Class and Services 2 Filing Date 3 glasses; optical glass; personal stereos; stereoscopes; stands for photographic 4 apparatus; stroboscopes; fire boats; 5 sulfitometers; bags adapted for laptops; drying 6 racks [photography]; spherometers; integrated circuits; printed circuits; counters; parking 7 meters; kilometer recorders for vehicles; 8 revolution counters; abacuses; egg timers [sandglasses]; taximeters; ear plugs for divers; 9 tachometers; television apparatus; telegraphs 10 [apparatus]; telescopes; teleprompters; teleprinters; mobile telephones; cordless 11 telephones; theodolites; interactive touch 12 screen terminals; thermo-hygrometers; thermometers, not for medical purposes; 13 thermostats; thermostats for vehicles; crucibles 14 [laboratory]; tone arms for record players; totalizators; transistors [electronic]; 15 transponders; protractors [measuring 16 instruments]; transformers [electricity]; step-up transformers; vehicle breakdown warning 17 triangles; triodes; starter cables for motors; 18 discharge tubes, electric, other than for lighting; capillary tubes; neon signs; Pitot 19 tubes; X-ray tubes not for medical purposes; 20 telephone receivers; squares for measuring; gauges; quantity indicators; automatic 21 indicators of low pressure in vehicle tires 22 [tyres]; gasoline gauges; water level indicators; electric loss indicators; light-emitting 23 electronic pointers; slope indicators; levels 24 [instruments for determining the horizontal]; mercury levels; spirit levels; urinometers; 25 amplifiers; particle accelerators; electric 26 installations for the remote control of industrial operations; balancing apparatus; video 27 recorders; invoicing machines; tape recorders; 28 protection devices against X-rays, not for
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Case 2:20-cv-02763 Document 1 Filed 03/25/20 Page 38 of 49 Page ID #:38
1 Ser. No. Mark Class and Services 2 Filing Date 3 medical purposes; railway traffic safety appliances; data processing apparatus; oxygen 4 transvasing apparatus; theft prevention 5 installations, electric; film cutting apparatus; 6 drying apparatus for photographic prints; optical character readers; centering apparatus 7 for photographic transparencies; dosage 8 dispensers; battery chargers; chargers for electric batteries; chargers for electronic 9 cigarettes; sound alarms; sounding apparatus 10 and machines; apparatus for editing cinematographic film; cathodic anti-corrosion 11 apparatus; couplers [data processing 12 equipment]; wearable activity trackers; anti- theft warning apparatus; computer peripheral 13 devices; anti-interference devices [electricity]; 14 demagnetizing apparatus for magnetic tapes; acoustic couplers; alarms; fog signals, non- 15 explosive; whistle alarms; adding machines; 16 readers [data processing equipment]; heat regulating apparatus; photocopiers 17 [photographic, electrostatic, thermic]; electric 18 and electronic effects units for musical instruments; bar code readers; downloadable 19 ring tones for mobile phones; downloadable 20 image files; downloadable music files; animated cartoons; filters for use in 21 photography; filters for respiratory masks; 22 filters for ultraviolet rays, for photography; USB flash drives; magic lanterns; optical 23 lamps; signal lanterns; cameras [photography]; 24 glazing apparatus for photographic prints; shutters [photography]; darkrooms 25 [photography]; photometers; flash-bulbs 26 [photography]; digital photo frames; enlarging apparatus [photography]; photovoltaic cells; 27 containers for contact lenses; eyeglass cases; 28 cases for smartphones; containers for
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Case 2:20-cv-02763 Document 1 Filed 03/25/20 Page 39 of 49 Page ID #:39
1 Ser. No. Mark Class and Services 2 Filing Date 3 microscope slides; cases especially made for photographic apparatus and instruments; 4 chromatography apparatus for laboratory use; 5 chronographs [time recording apparatus]; 6 laboratory centrifuges; eyeglass chains; cyclotrons; compasses for measuring; 7 frequency meters; time clocks [time recording 8 devices]; petri dishes; sleeves for laptops; covers for personal digital assistants [PDAs]; 9 covers for tablet computers; covers for 10 smartphones; fire blankets; chips [integrated circuits]; jigs [measuring instruments]; 11 pedometers; meteorological balloons; 12 electrified rails for mounting spot lights; asbestos screens for firemen; fire hose; virtual 13 reality headsets; protective helmets for sports; 14 head guards for sports; cell phone straps; eyeglass cords; tripods for cameras; 15 switchboards; distribution boards [electricity]; 16 equalizers [audio apparatus]; screens [photography]; workmen’s protective face- 17 shields; projection screens; radiology screens 18 for industrial purposes; fluorescent screens; exposure meters [light meters]; ducts 19 [electricity]; galvanic cells; epidiascopes; 20 ergometers; armatures [electricity]; black boxes [data recorders] 21
22 73. Defendants use of, and applications to register, the BLITZ TEAM 23 ’ Marks are likely to cause consumers to mistakenly and erroneously believe that 24 Defendants, their marks, and/or the goods and services offered thereunder have 25 their source or origin with Plaintiff, are affiliated or connected with Plaintiff, or are 26 endorsed or approved or licensed by Plaintiff. 27 28
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Case 2:20-cv-02763 Document 1 Filed 03/25/20 Page 40 of 49 Page ID #:40
1 FIRST CAUSE OF ACTION 2 Trademark Infringement – Against all Defendants 3 (15 U.S.C. §§ 1114) 4 74. Plaintiff repeats and realleges each and every allegation of paragraphs 5 1 through 73, above, as though fully set forth herein. 6 75. Defendants have used in commerce, without Plaintiff’s permission or 7 authorization, Plaintiff’s BLITZ Marks or marks confusingly similar thereto – 8 specifically, the BLITZ TEAM Marks and the Blitz Team trade name – in a manner 9 that is likely to cause confusion with respect to the source and origin of Defendants’ 10 goods and services and is likely to cause confusion or mistake and to deceive 11 purchasers as to the source or origin of Defendants, their businesses, and/or their 12 goods and services or as to Plaintiff’s affiliation, connection, or association with, or 13 approval or sponsorship of, Defendants, their businesses, and/or their goods and 14 services. 15 76. Defendants’ acts constitute infringement of Plaintiff’s BLITZ Marks in 16 violation of 15 U.S.C. § 1114. 17 77. As a direct and proximate result of Defendants’ wrongful acts, Plaintiff 18 has suffered and continues to suffer and/or is likely to suffer damage to its 19 trademarks, business reputation, and goodwill. Defendants will continue to use, 20 unless restrained, Plaintiff’s BLITZ Marks or marks confusingly similar thereto, 21 and will cause irreparable damage to Plaintiff. Plaintiff has no adequate remedy at 22 law and is entitled to an injunction restraining Defendants and, as applicable, their 23 officers, members, agents, servants, and employees, and all persons acting in 24 concert with them, from engaging in further acts of infringement. 25 78. Plaintiff is further entitled to recover from Defendants the actual 26 damages that Plaintiff has sustained, is sustaining, and/or is likely to sustain as a 27 result of Defendants’ wrongful acts. 28 79. Plaintiff is further entitled to recover from Defendants the gains,
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Case 2:20-cv-02763 Document 1 Filed 03/25/20 Page 41 of 49 Page ID #:41
1 profits, and advantages that Defendants have obtained as a result of their wrongful 2 acts. 3 80. Because of the willful nature of Defendants’ wrongful acts, Plaintiff is 4 entitled to an award of treble damages and increased profits under 15 U.S.C. § 5 1117. 6 81. Pursuant to 15 U.S.C. § 1117, Plaintiff is also entitled to recover its 7 costs of suit, and its attorneys’ fees because this is an exceptional case. 8 SECOND CAUSE OF ACTION 9 False Designation of Origin and Association – Against all Defendants 10 (15 U.S.C. § 1125(a)) 11 82. Plaintiff repeats and realleges each and every allegation of paragraphs 12 1 through 81, above, as though fully set forth herein. 13 83. Defendants’ unauthorized use of Plaintiff’s BLITZ Marks or marks 14 confusingly similar thereto – specifically, the BLITZ TEAM Marks and the Blitz 15 Team trade name – in conjunction with Defendants’ businesses and their offering of 16 goods and services in the video game industry, Defendants’ false designation of 17 origin, and Defendants’ false and misleading descriptions and representations of 18 fact, as alleged herein, are likely to cause confusion, or to cause mistake, or to 19 deceive as to the source or origin of Defendants’ products, services, or commercial 20 activities or as to Plaintiff’s affiliation, connection, or association with, or 21 sponsorship or approval of, Defendant, Defendants’ products, services, or 22 commercial activities in violation of 15 U.S.C. § 1125(a). 23 84. As a direct and proximate result of Defendants’ wrongful acts, Plaintiff 24 has suffered and continues to suffer and/or is likely to suffer damage to its 25 trademarks, business reputation, and goodwill. Defendants will continue, unless 26 restrained, to conduct their business and offer goods and services using Plaintiff’s 27 BLITZ Marks or other trademarks confusingly similar thereto and will cause 28 irreparable damage to Plaintiff. Plaintiff has no adequate remedy at law and is
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Case 2:20-cv-02763 Document 1 Filed 03/25/20 Page 42 of 49 Page ID #:42
1 entitled to an injunction restraining Defendants and, as applicable, their officers, 2 members, agents, servants, and employees, and all persons acting in concert with 3 them, from engaging in further acts of false designation of origin or association. 4 85. Plaintiff is further entitled to recover from Defendants the actual 5 damages that Plaintiff has sustained, is sustaining, and/or is likely to sustain as a 6 result of Defendants’ wrongful acts. Plaintiff is presently unable to ascertain the 7 full extent of the monetary damages that it has suffered and/or is likely to sustain by 8 reason of Defendants’ acts of false designation of origin or affiliation. 9 86. Plaintiff is further entitled to recover from Defendants the gains, 10 profits, and advantages that Defendants have obtained as a result of their wrongful 11 acts. Plaintiff is presently unable to ascertain the extent of the gains, profits, and 12 advantages that Defendants have realized by reason of their acts of false 13 designation of origin or affiliation. 14 87. Because of the willful nature of Defendants’ wrongful acts, Plaintiff is 15 entitled to an award of treble damages and increased profits pursuant to 15 U.S.C. 16 § 1117. 17 88. Pursuant to 15 U.S.C. §1117, Plaintiff is also entitled to recover its 18 costs of suit, and its attorneys’ fees because this is an exceptional case. 19 THIRD CAUSE OF ACTION 20 Trademark Infringement – Common Law – Against all Defendants 21 89. Plaintiff repeats and realleges each and every allegation of paragraphs 22 1 through 88, above, as though fully set forth herein. 23 90. Defendants have used in commerce, without Plaintiff’s permission or 24 authorization, Plaintiff’s BLITZ Marks or marks confusingly similar thereto – 25 specifically, the BLITZ TEAM Marks and the Blitz Team trade name – in a manner 26 that is likely to cause confusion with respect to the source and origin of Defendants’ 27 goods and services and is likely to cause confusion or mistake and to deceive 28 purchasers as to Plaintiff’s affiliation, connection, or association with, or approval
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Case 2:20-cv-02763 Document 1 Filed 03/25/20 Page 43 of 49 Page ID #:43
1 or sponsorship of, Defendants, their businesses, and/or their goods or services. 2 91. Defendants’ acts constitute infringement of Plaintiff’s BLITZ Marks in 3 violation of the common law. 4 92. As a direct and proximate result of Defendants’ wrongful acts, Plaintiff 5 has suffered and continues to suffer and/or is likely to suffer damage to its 6 trademarks, business reputation, and goodwill. Defendants will continue to use, 7 unless restrained, Plaintiff’s BLITZ Marks or marks confusingly similar thereto, 8 and will cause irreparable damage to Plaintiff. Plaintiff has no adequate remedy at 9 law and is entitled to an injunction restraining Defendants and, as applicable, their 10 officers, members, agents, servants, and employees, and all persons acting in 11 concert with them, from engaging in further acts of infringement. 12 93. Plaintiff is further entitled to recover from Defendants the actual 13 damages that Plaintiff has sustained, is sustaining, and/or is likely to sustain as a 14 result of Defendants’ wrongful acts. 15 94. Plaintiff is further entitled to recover from Defendants the gains, 16 profits, and advantages that Defendants have obtained as a result of their wrongful 17 acts. 18 95. Because of the willful nature of Defendants’ wrongful acts, Plaintiff is 19 entitled to an award of punitive damages. 20 FOURTH CAUSE OF ACTION 21 Unfair Competition – Against all Defendants 22 (Cal. Bus. & Prof. Code §§ 17200, et seq.) 23 96. Plaintiff repeats and realleges each and every allegation of paragraphs 24 1 through 95, above, as though fully set forth herein. 25 97. By reason of the foregoing, Defendants have been, and are, engaged in 26 “unlawful, unfair or fraudulent business practices” in violation of §§ 17200 et seq. 27 of the California Bus. & Prof. Code. 28 98. Defendants’ acts complained of herein have injured and will continue
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Case 2:20-cv-02763 Document 1 Filed 03/25/20 Page 44 of 49 Page ID #:44
1 to injure Plaintiff irreparably. Plaintiff has no adequate remedy at law for these 2 wrongs and injuries. The injury to Plaintiff includes harm to Plaintiff’s BLITZ 3 Marks, goodwill, and reputation in the marketplace that money cannot compensate. 4 Plaintiff is therefore entitled to: (a) injunctive relief restraining and enjoining 5 Defendants and, as applicable, their officers, members, agents, servants, and 6 employees, and all persons acting thereunder, in concert with, or on their behalf, 7 from using Plaintiff’s BLITZ Marks or any mark, name, symbol, or logo which is 8 confusingly similar thereto, in connection with the marketing or sale of any services 9 by Defendants; and (b) restitution of Defendants’ profits earned from their 10 unauthorized use of Plaintiff’s BLITZ Marks or any mark, name, symbol, or logo 11 which is confusingly similar thereto, in which profits Plaintiff has a vested interest. 12 FIFTH CAUSE OF ACTION 13 Unfair Competition – Common Law – Against Defendants 14 99. Plaintiff repeats and realleges each and every allegation of paragraphs 15 1 through 98, above, as though fully set forth herein. 16 100. Plaintiff invested substantial time and money in its development of 17 Plaintiff’s BLITZ Marks. 18 101. Defendants used Plaintiff’s BLITZ Marks or marks confusingly similar 19 thereto – specifically, the BLITZ TEAM Marks and the Blitz Team trade name – to 20 build its business and/or pass off its business as that of Plaintiff’s without Plaintiff’s 21 authorization. 22 102. Likewise, Defendants passed off its goods and services offered under 23 Plaintiff’s BLITZ Marks or marks confusingly similar thereto – specifically, the 24 BLITZ TEAM Marks and the Blitz Team trade name – in a manner likely to cause 25 confusion as to the source of Defendants’ goods or services or as to Plaintiff’s 26 association or affiliation with, or sponsorship of, Defendants’ goods and services. 27 103. As a direct and proximate result of Defendants’ wrongful acts, Plaintiff 28 has suffered and continues to suffer and/or is likely to suffer damage to its
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Case 2:20-cv-02763 Document 1 Filed 03/25/20 Page 45 of 49 Page ID #:45
1 trademarks, trade name, business reputation, and goodwill. Defendants will 2 continue, unless restrained, to pass off its business as that of Plaintiff’s and to 3 conduct their business and offer goods and services using Plaintiff’s BLITZ Marks 4 or other trademarks confusingly similar thereto and will cause irreparable damage 5 to Plaintiff. Plaintiff has no adequate remedy at law and is entitled to an injunction 6 restraining Defendants and, as applicable, their officers, members, agents, servants, 7 and employees, and all persons acting in concert with them, from engaging in 8 further acts of unfair competition. 9 104. Plaintiff is further entitled to recover from Defendants the actual 10 damages that Plaintiff has sustained, is sustaining, and/or is likely to sustain as a 11 result of Defendants’ wrongful acts. Plaintiff is presently unable to ascertain the 12 full extent of the monetary damages that it has suffered and/or is likely to sustain by 13 reason of Defendants’ acts of unfair competition. 14 105. Plaintiff is further entitled to recover from Defendants the gains, 15 profits, and advantages that Defendants have obtained as a result of their wrongful 16 acts. Plaintiff is presently unable to ascertain the extent of the gains, profits, and 17 advantages that Defendants have realized by reason of their acts of unfair 18 competition. 19 106. Because of the willful nature of Defendants’ wrongful acts, Plaintiff is 20 entitled to an award of punitive damages. 21 SIXTH CAUSE OF ACTION 22 Cancellation of Trademark Applications – Against all Defendants 23 (15 U.S.C. § 1119) 24 107. Plaintiff repeats and realleges each and every allegation of paragraphs 25 1 through 106, above, as though fully set forth herein. 26 108. Defendant’s applications to register BLITZ TEAM (Ser. No. 27 79/262,236), (Ser. No. 79/261,988), and BLITZ ENGINE (Ser. No. 28 79/263,707) so resemble Plaintiff’s BLITZ Marks as to be likely, when used on or
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1 in connection with the services identified in the applications, to cause confusion, 2 cause mistake, or deceive, in violation of 15 U.S.C. § 1052(d). Defendants’ 3 applications are also subject to cancellation ,in whole or in part, because 4 Defendants lacked the requisite bona fide intent to use each BLITZ TEAM Mark 5 for all or some of the identified goods and services stated in the applications as of 6 the filing date of the applications. 7 109. Defendants’ applications to register each of the BLITZ TEAM Marks 8 should be canceled pursuant to 15 U.S.C. §1119. 9 PRAYER FOR RELIEF 10 WHEREFORE, Plaintiff prays that this Court enter judgment against 11 Defendants as follows: 12 1. Finding that Defendants have: infringed Plaintiff’s BLITZ Marks 13 under 15 U.S.C. § 1114 and the common law; violated 15 U.S.C. § 1125(a); 14 violated Cal. Bus. & Prof. Code § 17200 by engaging in unlawful, unfair, and 15 fraudulent business practices; and committed unfair competition under the common 16 law; 17 2. Ordering the cancellation of Blitz Team’s applications to register 18 BLITZ TEAM (Ser. No. 79/262236), (Ser. No. 79/261,988) and 19 BLITZ ENGINE (Ser. No. 79/263,707; 20 3. Ordering that Defendants and, as applicable, their officers, agents, 21 servants, directors, employees, servants, partners, representatives, assigns, 22 successors, related companies, and attorneys and all persons in active concert or 23 participation with Defendants or with any of the foregoing be enjoined 24 preliminarily during the pendency of this action and permanently thereafter from: 25 a. Manufacturing, transporting, promoting, importing, advertising, 26 publicizing, distributing, offering for sale, or selling any goods or services offered 27 under the BLITZ TEAM Marks, Plaintiff’s BLITZ Marks, or any other mark, name, 28 symbol, or logo, which is likely to cause confusion or to cause mistake or to
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Case 2:20-cv-02763 Document 1 Filed 03/25/20 Page 47 of 49 Page ID #:47
1 deceive persons into the erroneous belief that any goods or services that Defendants 2 caused to enter the stream of commerce or any of Defendants’ commercial 3 activities are sponsored or licensed by Plaintiff, are authorized by Plaintiff, or are 4 connected or affiliated in some way with Plaintiff, Plaintiff’s BLITZ Marks, or the 5 goodwill associated therewith; 6 b. Manufacturing, transporting, promoting, importing, advertising, 7 publicizing, distributing, offering for sale, or selling any goods or services offered 8 under the BLITZ TEAM Marks, Plaintiff’s BLITZ Marks, or any other mark, name, 9 symbol, or logo that is a copy or colorable imitation of, incorporates, or is 10 confusingly similar to Plaintiff’s BLITZ Marks; 11 c. Implying Plaintiff’s approval, endorsement, license, or 12 sponsorship of, or affiliation or connection with, Defendants’ goods, services, or 13 commercial activities, passing off Defendants’ business as that of Plaintiff, or 14 engaging in any act or series of acts which, either alone or in combination, 15 constitutes unfair methods of competition with Plaintiff and from otherwise 16 interfering with or injuring Plaintiff’s BLITZ Marks or the goodwill associated 17 therewith; 18 d. Representing or implying that Defendants are in any way 19 sponsored by, affiliated with, or licensed by Plaintiff; 20 e. Using “Blitz Team LLC,” Plaintiff’s BLITZ Marks, or any other 21 mark, name, symbol, or logo that is a copy or colorable imitation of, incorporates, 22 or is confusingly similar to Plaintiff’s BLITZ Marks, as a trade name. 23 f. Knowingly assisting, inducing, aiding, or abetting any other 24 person or business entity in engaging in or performing any of the activities referred 25 to in paragraphs 3(a) to (e) above. 26 4. Ordering that Plaintiff is the exclusive owner of Plaintiff’s BLITZ 27 Marks and that such marks are valid and protectable; 28 5. Ordering that Defendants be required to deliver to Plaintiff for
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Case 2:20-cv-02763 Document 1 Filed 03/25/20 Page 48 of 49 Page ID #:48
1 destruction any and all digital files, packaging, printed graphics, promotional 2 materials, business cards, signs, labels, advertisements, flyers, circulars, and any 3 other items in any of their possession, custody, or control bearing the BLITZ 4 TEAM Marks, the trade name Blitz Team, Plaintiff’s BLITZ Marks, or any other 5 mark, name, symbol, or logo that is a copy or colorable imitation of, incorporates, 6 or is confusingly similar to Plaintiff’s BLITZ Marks; 7 6. Ordering the transfer of the domain name
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1 14. Granting such other and further relief as is just and proper. 2 Respectfully submitted,
3 SHEPPARD MULLIN RICHTER & HAMPTON LLP 4 5 Dated: March 25, 2020 By: /s/Jill M. Pietrini Jill M. Pietrini 6 Paul A. Bost Attorneys for Plaintiff 7 WARGAMING.NET LIMITED 8 9 10 JURY DEMAND 11 Plaintiff demands a trial by jury of all issues triable by jury. 12 Respectfully submitted, 13 SHEPPARD MULLIN RICHTER & HAMPTON LLP 14 15 Dated: March 25, 2020 By: /s/Jill M. Pietrini Jill M. Pietrini 16 Chris Ponder Paul A. Bost 17 Attorneys for Plaintiff WARGAMING.NET LIMITED 18
19 SMRH:4824-3812-1651
20 21 22 23 24 25 26 27 28
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Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 1 of 102 Page ID #:50
EXHIBIT A
Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 2 of 102 Page ID #:51 Screen Shots from Wargaming.com
Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 3 of 102 Page ID #:52 Screen Shots from NA.Wargaming.net
Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 4 of 102 Page ID #:53 Screen Shot from NA.Wargaming.net/shop/
Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 5 of 102 Page ID #:54
EXHIBIT B
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Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 8 of 102 Page ID #:57
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Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 10 of 102 Page ID #:59
Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 11 of 102 Page ID #:60
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EXHIBIT C
Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 17 of 102 Page ID #:66 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 18 of 102 Page ID #:67 Trademark Electronic Search System (TESS) Page 1 of 1 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 19 of 102 Page ID #:68
United States Patent and Trademark Office
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Word Mark WORLD OF TANKS BLITZ Goods and IC 009. US 021 023 026 036 038. G & S: Computer games software; computer game discs; video games software; computer game software for video games Services and for games machines; computer programs for video and computer games; video discs featuring strategy games relating to armed conflict; optical discs featuring strategy games relating to armed conflict; audio tapes featuring strategy games relating to armed conflict; prerecorded video cassettes featuring strategy games relating to armed conflict; compact discs featuring strategy games relating to armed conflict; blank CD-ROMs for sound or video recording; data bearing record carriers for computers, namely, prerecorded magnetic data carriers featuring strategy games relating to armed conflict; musical sound recordings; video recordings featuring strategy games relating to armed conflict; computer game software for playing video, computer and on-line games; software for enabling video, computer and on-line games to be run on multiple platforms; downloadable software for developing, designing, modifying and customizing video, computer and on-line games; computer game software for use on mobile phones; downloadable electronic publications in the nature of newsletters, journals, magazines and guidebooks in the field of strategy games relating to armed conflict; software for enhancing and developing video games; structural parts and fittings for all the aforesaid goods
IC 041. US 100 101 107. G & S: Entertainment provided via the Internet, namely, providing on-line massively multi-player video games; on-line gaming services, namely, providing on-line massively multi-player war games; entertainment services, namely, providing on-line massively multi-player computer games; organizing online multi-player computer games, namely, matching players of online computer games against each other; on-line entertainment services in the nature of on-line computer game tournaments and leagues; entertainment services in the nature of on-line computer game tournaments and leagues; providing a web-based system and on-line portal for customers to participate in virtual on-line gaming tournaments and leagues, operation and coordination of virtual on-line gaming tournaments and leagues; entertainment services, namely, production and distribution of games shows; providing on-line information in the field of computer gaming entertainment; providing on-line computer games accessed via wireless communication; providing on-line computer games accessed via cellular telephones; providing on-line non-downloadable electronic publications in the nature of newsletters, journals, magazines and guidebooks in the field of strategy games relating to armed conflict Standard Characters Claimed Mark Drawing (4) STANDARD CHARACTER MARK Code Serial Number 79133149 Filing Date March 1, 2013 Current Basis 66A Original Filing 66A Basis Published for June 10, 2014 Opposition Registration 4590703 Number International Registration 1168091 Number Registration August 26, 2014 Date Owner (REGISTRANT) Wargaming.net LLP LIMITED PARTNERSHIP UNITED KINGDOM Sterling House, Fulbourne Road Walthamstow, London E17 4EE UNITED KINGDOM
(LAST LISTED OWNER) Wargaming.net Limited UNKNOWN 105 Agion Omologiton Avenue, Agioi Omologites CY-1080 Nicosia CYPRUS Priority Date September 18, 2012 Prior 4008136 Registrations Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "TANKS" APART FROM THE MARK AS SHOWN Type of Mark TRADEMARK. SERVICE MARK Register PRINCIPAL Live/Dead LIVE Indicator
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http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4805:erhtmx.2.1 3/20/2020 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 20 of 102 Page ID #:69
Generated on: This page was generated by TSDR on 2020-03-20 16:39:38 EDT Mark: WORLD OF TANKS BLITZ
US Serial Number: 79133149 Application Filing Mar. 01, 2013 Date: US Registration 4590703 Registration Date: Aug. 26, 2014 Number: Register: Principal Mark Type: Trademark, Service Mark TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.
Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: Aug. 26, 2014 Publication Date: Jun. 10, 2014
Mark Information
Mark Literal WORLD OF TANKS BLITZ Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim: Mark Drawing 4 - STANDARD CHARACTER MARK Type: Disclaimer: "TANKS" Related Properties Information
International 1168091 Registration Number: International Mar. 01, 2013 Registration Date: Claimed Ownership 4008136 of US Registrations: Goods and Services
Note: The following symbols indicate that the registrant/owner has amended the goods/services: Brackets [..] indicate deleted goods/services; Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and Asterisks *..* identify additional (new) wording in the goods/services.
For: Computer games software; computer game discs; video games software; computer game software for video games and for games machines; computer programs for video and computer games; video discs featuring strategy games relating to armed conflict; optical discs featuring strategy games relating to armed conflict; audio tapes featuring strategy games relating to armed conflict; prerecorded video cassettes featuring strategy games relating to armed conflict; compact discs featuring strategy games relating to armed conflict; blank CD-ROMs for sound or video recording; data bearing record carriers for computers, namely, prerecorded magnetic data carriers featuring strategy games relating to armed conflict; musical sound recordings; video recordings featuring strategy games relating to armed conflict; computer game software for playing video, computer and on-line games; software for enabling video, computer and on- line games to be run on multiple platforms; downloadable software for developing, designing, modifying and customizing video, computer and on-line games; computer game software for use on mobile phones; downloadable electronic publications in the nature of newsletters, journals, magazines and guidebooks in the field of strategy games relating to armed conflict; software for enhancing and developing video games; structural parts and fittings for all the aforesaid goods International 009 - Primary Class U.S Class(es): 021, 023, 026, 036, 038 Class(es): Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 21 of 102 Page ID #:70
Class Status: ACTIVE Basis: 66(a)
For: Entertainment provided via the Internet, namely, providing on-line massively multi-player video games; on-line gaming services, namely, providing on-line massively multi-player war games; entertainment services, namely, providing on-line massively multi-player computer games; organizing online multi-player computer games, namely, matching players of online computer games against each other; on-line entertainment services in the nature of on-line computer game tournaments and leagues; entertainment services in the nature of on-line computer game tournaments and leagues; providing a web-based system and on-line portal for customers to participate in virtual on-line gaming tournaments and leagues, operation and coordination of virtual on-line gaming tournaments and leagues; entertainment services, namely, production and distribution of games shows; providing on-line information in the field of computer gaming entertainment; providing on-line computer games accessed via wireless communication; providing on-line computer games accessed via cellular telephones; providing on-line non-downloadable electronic publications in the nature of newsletters, journals, magazines and guidebooks in the field of strategy games relating to armed conflict International 041 - Primary Class U.S Class(es): 100, 101, 107 Class(es): Class Status: ACTIVE Basis: 66(a) Basis Information (Case Level)
Filed Use: No Currently Use: No Filed ITU: No Currently ITU: No Filed 44D: No Currently 44E: No Filed 44E: No Currently 66A: Yes Filed 66A: Yes Currently No Basis: No Filed No Basis: No Current Owner(s) Information
Owner Name: Wargaming.net Limited Owner Address: 105 Agion Omologiton Avenue, Agioi Omologites CY-1080 Nicosia CYPRUS Legal Entity Type: UNKNOWN State or Country No Place Where Organized Found Where Organized: Attorney/Correspondence Information
Attorney of Record Docket Number: 007929.00167 Correspondent Correspondent Ross A. Dannenberg Name/Address: Banner & Witcoff, Ltd. 1100 13th Street, N.W. Suite 1200 Washington, DISTRICT OF COLUMBIA UNITED STATES 20005 Domestic Representative - Not Found Prosecution History
Proceeding Date Description Number Oct. 09, 2019 COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED Sep. 05, 2019 NEW REPRESENTATIVE AT IB RECEIVED Aug. 26, 2019 COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED Dec. 28, 2018 NEW REPRESENTATIVE AT IB RECEIVED May 12, 2016 CHANGE OF OWNER RECEIVED FROM IB Feb. 27, 2015 FINAL DECISION TRANSACTION PROCESSED BY IB Feb. 26, 2015 CHANGE OF NAME/ADDRESS REC'D FROM IB Feb. 03, 2015 FINAL DISPOSITION NOTICE SENT TO IB Feb. 03, 2015 FINAL DISPOSITION PROCESSED 68359 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 22 of 102 Page ID #:71
Nov. 26, 2014 FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB Aug. 26, 2014 REGISTERED-PRINCIPAL REGISTER Jun. 10, 2014 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Jun. 10, 2014 PUBLISHED FOR OPPOSITION Jun. 06, 2014 NOTIFICATION PROCESSED BY IB May 21, 2014 NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB May 21, 2014 NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB May 21, 2014 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED May 06, 2014 LAW OFFICE PUBLICATION REVIEW COMPLETED 73296 May 05, 2014 ASSIGNED TO LIE 73296 Apr. 17, 2014 APPROVED FOR PUB - PRINCIPAL REGISTER Apr. 17, 2014 EXAMINER'S AMENDMENT ENTERED 88888 Apr. 17, 2014 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328 Apr. 17, 2014 EXAMINERS AMENDMENT E-MAILED 6328 Apr. 17, 2014 EXAMINERS AMENDMENT -WRITTEN 77299 Apr. 03, 2014 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED Apr. 03, 2014 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED Mar. 27, 2014 NEW REPRESENTATIVE AT IB RECEIVED Jan. 29, 2014 FINAL REFUSAL MAILED Jan. 29, 2014 FINAL REFUSAL WRITTEN 77299 Jan. 28, 2014 TEAS/EMAIL CORRESPONDENCE ENTERED 88889 Jan. 27, 2014 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889 Jan. 27, 2014 TEAS RESPONSE TO OFFICE ACTION RECEIVED Aug. 18, 2013 REFUSAL PROCESSED BY IB Aug. 01, 2013 NON-FINAL ACTION MAILED - REFUSAL SENT TO IB Aug. 01, 2013 REFUSAL PROCESSED BY MPU 68359 Jul. 31, 2013 NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW Jul. 31, 2013 APPLICATION FILING RECEIPT MAILED Jul. 30, 2013 NON-FINAL ACTION WRITTEN 77299 Jul. 27, 2013 ASSIGNED TO EXAMINER 77299 Jul. 27, 2013 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Jul. 25, 2013 SN ASSIGNED FOR SECT 66A APPL FROM IB International Registration Information (Section 66a)
International 1168091 International Mar. 01, 2013 Registration Registration Date: Number: Priority Claimed Yes Date of Section 67 Sep. 18, 2012 Flag: Priority Claim: Intl. Registration REQUEST FOR EXTENSION OF PROTECTION Date of Jul. 25, 2013 Status: PROCESSED International Registration Status: Notification of Jul. 25, 2013 Date of Automatic Jan. 25, 2015 Designation Date: Protection: International Mar. 01, 2023 Registration Renewal Date: First Refusal Flag: Yes TM Staff and Location Information
TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Aug. 26, 2014 Assignment Abstract Of Title Information Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 23 of 102 Page ID #:72
Summary Total Assignments: 1 Registrant: Wargaming.net LLP
Assignment 1 of 1
Conveyance: CHANGE OF ADDRESS Reel/Frame: 5540/0662 Pages: 2 Date Recorded: Feb. 26, 2015 Supporting assignment-tm-5540-0662.pdf Documents: Assignor Name: WARGAMING.NET LLP Execution Date: Dec. 22, 2014 Legal Entity Type: UNKNOWN State or Country NOT PROVIDED Where Organized: Assignee Name: WARGAMING.NET LLP Legal Entity Type: UNKNOWN State or Country NOT PROVIDED Where Organized: Address: STERLING HOUSE, FULBOURNE ROAD WALTHAMSTOW, LONDON E17 4EE, UNITED KINGDOM Correspondent Correspondent WARGAMING.NET LLP Name: Correspondent STERLING HOUSE, FULBOURNE ROAD Address: WALTHAMSTOW, LONDON E17 4EE UNITED KINGDOM Domestic Representative - Not Found Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 24 of 102 Page ID #:73
Reg. No. 5,809,262 Wargaming.net Limited (CYPRUS Limited Company ) 105 Agion Omologiton Avenue, Registered Jul. 23, 2019 Agioi Omologites Cy-1080 Nicosia CYPRUS
Int. Cl.: 9, 41 CLASS 9: Computer games software; computer games discs; video games cartridges; computer software for playing video games or for operating games machines; computer Service Mark programs for playing video and computer games; video discs, discs, magnetic tapes, cassettes, compact discs all in the field of strategy and action games relating to armed conflict; blank Trademark CD-ROMs for sound or video recordings, data bearing record carriers for computers, all having game software recorded thereon, all in the field of strategy and action games relating Principal Register to armed conflict; sound recordings and video recordings in the field of strategy and action games relating to armed conflict; software for playing video, computer and on-line games; software for enabling video, computer and on-line games to be run on multiple platforms; downloadable software for developing, designing, modifying and customizing video, computer and on-line games; games software for mobile phones; computer game software for use on mobile phones; downloadable electronic publications in the nature of newsletters, journals, magazines and guidebooks in the field of strategy and action games relating to armed conflict provided on-line from database for the Internet; video games enhancers, namely, high performance computer hardware with specialized features for enhanced game playing ability; structural parts and fittings for all the aforesaid goods
CLASS 41: Entertainment provided via the Internet, namely, providing online massively multi-player video games; on-line gaming services, namely, providing online massively multi-player video games; providing on-line computer games, multi-player matching services for computer game tournaments, and on-line entertainment in the nature of online computer game tournaments, virtual or cyber sports leagues relating to armed conflict video games, production and distribution of games shows; providing on-line information in the field of computer gaming entertainment; providing online non-downloadable games by cellular telephone communication; providing online non-downloadable games by or for use on cellular telephones; providing on-line non-downloadable electronic publications in the nature of newsletters, journals, magazines and guidebooks in the field of strategy and action games relating to armed conflict
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT STYLE, SIZE OR COLOR
OWNER OF INTERNATIONAL REGISTRATION 1421850 DATED 03-29-2018, EXPIRES 03-29-2028
SER. NO. 79-240,307, FILED 03-29-2018 Trademark Electronic Search System (TESS) Page 1 of 2 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 25 of 102 Page ID #:74
United States Patent and Trademark Office
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Word Mark WORLD OF WARSHIPS BLITZ Goods and IC 009. US 021 023 026 036 038. G & S: Computer games software; computer games discs; video games cartridges; computer software for Services playing video games or for operating games machines; computer programs for playing video and computer games; video discs, discs, magnetic tapes, cassettes, compact discs all in the field of strategy and action games relating to armed conflict; blank CD-ROMs for sound or video recordings, data bearing record carriers for computers, all having game software recorded thereon, all in the field of strategy and action games relating to armed conflict; sound recordings and video recordings in the field of strategy and action games relating to armed conflict; software for playing video, computer and on-line games; software for enabling video, computer and on-line games to be run on multiple platforms; downloadable software for developing, designing, modifying and customizing video, computer and on-line games; games software for mobile phones; computer game software for use on mobile phones; downloadable electronic publications in the nature of newsletters, journals, magazines and guidebooks in the field of strategy and action games relating to armed conflict provided on-line from database for the Internet; video games enhancers, namely, high performance computer hardware with specialized features for enhanced game playing ability; structural parts and fittings for all the aforesaid goods
IC 041. US 100 101 107. G & S: Entertainment provided via the Internet, namely, providing online massively multi-player video games; on- line gaming services, namely, providing online massively multi-player video games; providing on-line computer games, multi-player matching services for computer game tournaments, and on-line entertainment in the nature of online computer game tournaments, virtual or cyber sports leagues relating to armed conflict video games, production and distribution of games shows; providing on-line information in the field of computer gaming entertainment; providing online non-downloadable games by cellular telephone communication; providing online non- downloadable games by or for use on cellular telephones; providing on-line non-downloadable electronic publications in the nature of newsletters, journals, magazines and guidebooks in the field of strategy and action games relating to armed conflict Standard Characters Claimed Mark Drawing (4) STANDARD CHARACTER MARK Code Serial Number 79240307 Filing Date March 29, 2018 Current Basis 66A Original Filing 66A Basis Published for May 7, 2019 Opposition Registration 5809262 Number International Registration 1421850 Number Registration July 23, 2019 Date Owner (REGISTRANT) Wargaming.net Limited Limited Company CYPRUS 105 Agion Omologiton Avenue, Agioi Omologites CY-1080 Nicosia CYPRUS Attorney of Heather Smith-Carra Record Type of Mark TRADEMARK. SERVICE MARK Register PRINCIPAL Live/Dead LIVE Indicator
http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4805:erhtmx.3.1 3/20/2020 Trademark Electronic Search System (TESS) Page 2 of 2 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 26 of 102 Page ID #:75
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http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4805:erhtmx.3.1 3/20/2020 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 27 of 102 Page ID #:76
Generated on: This page was generated by TSDR on 2020-03-20 16:41:55 EDT Mark: WORLD OF WARSHIPS BLITZ
US Serial Number: 79240307 Application Filing Mar. 29, 2018 Date: US Registration 5809262 Registration Date: Jul. 23, 2019 Number: Register: Principal Mark Type: Trademark, Service Mark TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.
Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: Jul. 23, 2019 Publication Date: May 07, 2019
Mark Information
Mark Literal WORLD OF WARSHIPS BLITZ Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim: Mark Drawing 4 - STANDARD CHARACTER MARK Type: Related Properties Information
International 1421850 Registration Number: International Mar. 29, 2018 Registration Date: Goods and Services
Note: The following symbols indicate that the registrant/owner has amended the goods/services: Brackets [..] indicate deleted goods/services; Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and Asterisks *..* identify additional (new) wording in the goods/services.
For: Computer games software; computer games discs; video games cartridges; computer software for playing video games or for operating games machines; computer programs for playing video and computer games; video discs, discs, magnetic tapes, cassettes, compact discs all in the field of strategy and action games relating to armed conflict; blank CD-ROMs for sound or video recordings, data bearing record carriers for computers, all having game software recorded thereon, all in the field of strategy and action games relating to armed conflict; sound recordings and video recordings in the field of strategy and action games relating to armed conflict; software for playing video, computer and on-line games; software for enabling video, computer and on-line games to be run on multiple platforms; downloadable software for developing, designing, modifying and customizing video, computer and on-line games; games software for mobile phones; computer game software for use on mobile phones; downloadable electronic publications in the nature of newsletters, journals, magazines and guidebooks in the field of strategy and action games relating to armed conflict provided on-line from database for the Internet; video games enhancers, namely, high performance computer hardware with specialized features for enhanced game playing ability; structural parts and fittings for all the aforesaid goods International 009 - Primary Class U.S Class(es): 021, 023, 026, 036, 038 Class(es): Class Status: ACTIVE Basis: 66(a)
For: Entertainment provided via the Internet, namely, providing online massively multi-player video games; on-line gaming services, namely, Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 28 of 102 Page ID #:77
providing online massively multi-player video games; providing on-line computer games, multi-player matching services for computer game tournaments, and on-line entertainment in the nature of online computer game tournaments, virtual or cyber sports leagues relating to armed conflict video games, production and distribution of games shows; providing on-line information in the field of computer gaming entertainment; providing online non-downloadable games by cellular telephone communication; providing online non- downloadable games by or for use on cellular telephones; providing on-line non-downloadable electronic publications in the nature of newsletters, journals, magazines and guidebooks in the field of strategy and action games relating to armed conflict International 041 - Primary Class U.S Class(es): 100, 101, 107 Class(es): Class Status: ACTIVE Basis: 66(a) Basis Information (Case Level)
Filed Use: No Currently Use: No Filed ITU: No Currently ITU: No Filed 44D: No Currently 44E: No Filed 44E: No Currently 66A: Yes Filed 66A: Yes Currently No Basis: No Filed No Basis: No Current Owner(s) Information
Owner Name: Wargaming.net Limited Owner Address: 105 Agion Omologiton Avenue, Agioi Omologites CY-1080 Nicosia CYPRUS Legal Entity Type: Limited Company State or Country CYPRUS Where Organized: Attorney/Correspondence Information
Attorney of Record Attorney Name: Heather Smith-Carra Docket Number: 007929.00249 Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent Heather Smith-Carra Name/Address: Banner & Witcoff, Ltd. 1100 13th Street NW Suite 1200 Washington, DISTRICT OF COLUMBIA UNITED STATES 20005 Phone: 202-824-3000 Fax: 202-824-3001 Correspondent e- [email protected] Correspondent e- Yes mail: mail Authorized: Domestic Representative - Not Found Prosecution History
Proceeding Date Description Number Dec. 01, 2019 FINAL DECISION TRANSACTION PROCESSED BY IB Nov. 12, 2019 FINAL DISPOSITION NOTICE SENT TO IB Nov. 12, 2019 FINAL DISPOSITION PROCESSED 68359 Oct. 23, 2019 FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB Sep. 05, 2019 NEW REPRESENTATIVE AT IB RECEIVED Jul. 23, 2019 REGISTERED-PRINCIPAL REGISTER May 07, 2019 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED May 07, 2019 PUBLISHED FOR OPPOSITION May 03, 2019 NOTIFICATION PROCESSED BY IB Apr. 17, 2019 NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 29 of 102 Page ID #:78
Apr. 17, 2019 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Apr. 17, 2019 NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB Mar. 27, 2019 APPROVED FOR PUB - PRINCIPAL REGISTER Mar. 27, 2019 EXAMINER'S AMENDMENT ENTERED 88888 Mar. 27, 2019 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328 Mar. 27, 2019 EXAMINERS AMENDMENT E-MAILED 6328 Mar. 27, 2019 EXAMINERS AMENDMENT -WRITTEN 83171 Mar. 25, 2019 TEAS/EMAIL CORRESPONDENCE ENTERED 88889 Mar. 24, 2019 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889 Mar. 24, 2019 TEAS RESPONSE TO OFFICE ACTION RECEIVED Oct. 13, 2018 REFUSAL PROCESSED BY IB Sep. 25, 2018 NON-FINAL ACTION MAILED - REFUSAL SENT TO IB Sep. 24, 2018 REFUSAL PROCESSED BY MPU 70029 Sep. 22, 2018 NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW Sep. 21, 2018 NON-FINAL ACTION WRITTEN 83171 Sep. 18, 2018 APPLICATION FILING RECEIPT MAILED Sep. 13, 2018 ASSIGNED TO EXAMINER 83171 Sep. 13, 2018 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Sep. 06, 2018 SN ASSIGNED FOR SECT 66A APPL FROM IB International Registration Information (Section 66a)
International 1421850 International Mar. 29, 2018 Registration Registration Date: Number: Intl. Registration REQUEST FOR EXTENSION OF PROTECTION Date of Sep. 06, 2018 Status: PROCESSED International Registration Status: Notification of Sep. 06, 2018 Date of Automatic Mar. 06, 2020 Designation Date: Protection: International Mar. 29, 2028 Registration Renewal Date: First Refusal Flag: Yes TM Staff and Location Information
TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Jul. 23, 2019 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 30 of 102 Page ID #:79
EXHIBIT D
Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 31 of 102 Page ID #:80 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 32 of 102 Page ID #:81 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 33 of 102 Page ID #:82 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 34 of 102 Page ID #:83
EXHIBIT E
Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 35 of 102 Page ID #:84 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 36 of 102 Page ID #:85 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 37 of 102 Page ID #:86 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 38 of 102 Page ID #:87 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 39 of 102 Page ID #:88 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 40 of 102 Page ID #:89 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 41 of 102 Page ID #:90 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 42 of 102 Page ID #:91 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 43 of 102 Page ID #:92 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 44 of 102 Page ID #:93 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 45 of 102 Page ID #:94 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 46 of 102 Page ID #:95 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 47 of 102 Page ID #:96 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 48 of 102 Page ID #:97 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 49 of 102 Page ID #:98 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 50 of 102 Page ID #:99 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 51 of 102 Page ID #:100 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 52 of 102 Page ID #:101 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 53 of 102 Page ID #:102 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 54 of 102 Page ID #:103 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 55 of 102 Page ID #:104 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 56 of 102 Page ID #:105 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 57 of 102 Page ID #:106 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 58 of 102 Page ID #:107 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 59 of 102 Page ID #:108 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 60 of 102 Page ID #:109 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 61 of 102 Page ID #:110 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 62 of 102 Page ID #:111 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 63 of 102 Page ID #:112
EXHIBIT F
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EXHIBIT G
Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 89 of 102 Page ID #:138
EMANUEL LAW FIRM
1100 GLENDON AVENUE, 15th FLOOR LOS ANGELES, CALIFORNIA 90024 FROM THE DESK OF SACHA V. EMANUEL, APC TELEPHONE (310) 881-6814
Direct E-mail: FACSIMILE (310) 881-6801 [email protected] ______
July 19, 2019
VIA EMAIL ONLY
Roman Zanin General Counsel Wargaming World Limited 105, Agion Omologiton Avenue 1080 Nicosia, Cyprus [email protected]
Re: Blitz Team’s release of the new mobile game tentatively entitled Battle Prime
Dear Mr. Zanin, We represent the Belarusian company BlitzTeam LLC (“Blitz Team”). I am writing today to give you notice that our client will soon be releasing a test version of its new mobile game tentatively called Battle Prime. I am informed that Wargaming World Limited (“Wargaming”) and its affiliate Game Stream JLLC (“Game Stream”) have been quite aggressive in their efforts in the country of Belarus to prevent Blitz Team from exercising its legal right to develop Battle Prime in that country. I am also aware that Wargaming appears to be concerned that Blitz Team has used elements of Wargaming’s World of Tanks Blitz mobile game (“WOTB”), including the engine code from the WOTB DAVA Framework Engine, in Battle Prime. My client has asked me to address those concerns with you as Blitz Team itself has some natural concern that Wargaming and/or Game Stream might continue with its litigious course of conduct and wrongfully act to prevent Blitz Team’s lawful worldwide release and commercial exploitation of Battle Prime. Given the nature of these ongoing disputes, we feel that it is important to address with you ahead of time some critical elements of Battle Prime and its engine code, so that we can Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 90 of 102 Page ID #:139 EMANUEL LAW FIRM
Wargaming World Limited Roman Zanin July 19, 2019 Page 2
avoid still another potentially damaging and unnecessary conflict. In particular, we wish to ensure that there is no misunderstanding on your part as to the lawful nature of Battle Prime. As you will immediately see upon Battle Prime’s release, its overall elements are noticeably distinct from WOTB. Battle Prime is a 3rd person Hero shooter game, set in the future. It is not a tank battle game. It is fast-paced, with characters that can respawn and can use different guns and special abilities. The characters and weapons are fictional and possess unique abilities. The monetization is mainly timer-based. Simply put, what that means is that players can pay to speed up the timers controlling their gameplay. There is an option for a paid subscription which gives the player unique content. Battle Prime is like many, many other similar combat games that are and have been on the market for years. Comparing this game to the proprietary elements of WOTB clearly shows no substantial similarities and in fact no proprietary elements of WOTB have been copied in Battle Prime. Further, while our client indubitably has had the right to use the DAVA Framework Engine ever since it was posted as Open Source on GitHub, the Blitz Team nonetheless chose to develop Battle Prime with an entirely new engine that is not derived from the DAVA Framework Engine and shares no code therewith. To be clear, this was not done because our client believes Wargaming’s claim that the DAVA Framework Engine had been wrongfully posted to GitHub in an unauthorized manner, but because Blitz Team believed that it could build a better engine than the DAVA Framework Engine by starting their coding process from scratch. Given this, Wargaming should have no intellectual property concerns about Battle Prime. However, if upon viewing Battle Prime, Wargaming has any concerns that Battle Prime wrongfully utilizes any proprietary aspects of WOTB, I invite you to contact me immediately with those specific concerns and I will address them with my client and respond to you about them. All of that said, I must warn you that should Wargaming undertake to interfere with the Blitz Team’s contractual or business relationships or any of its other lawful rights to compete in the open worldwide video game market by, for example, making false claims to any third party based in the United States that the Blitz Team has violated Wargaming’s copyrights, the Blitz Team will hold Wargaming fully responsible for any and all damages caused to the Blitz Team by virtue of these wrongful claims; damages which we believe, given the success that our client expects for Battle Prime, may well amount to millions of dollars per each month that Wargaming wrongfully keeps Battle Prime off the market.
Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 91 of 102 Page ID #:140 EMANUEL LAW FIRM
Wargaming World Limited Roman Zanin July 19, 2019 Page 3
The Digital Millennium Copyright Act provides that a party who makes a knowing, material misrepresentation to a service provider such as Google or Apple that a third party’s content infringes its copyrights is liable for damages, including costs and attorneys’ fees incurred by that third party if it is injured by the misrepresentation as a result of a service provider relying on such a misrepresentation in removing content from its site. See, 17 U.S.C. §512(f); Lenz v. Universal Music Corp., 801 F.3d 1126 (2015); Automattic Inc. v. Steiner, 82 F.Supp.3d 1011 (N.D. Cal. 2014). A “knowing, material” misrepresentation occurs when a party actually knew or should have known if it acted with reasonable care or diligence that it was making a misrepresentation with respect to infringement. Online Policy Group v. Diebold, Inc., 337 F.Supp.2d 1195, 1204 (N.D. Cal. 2004) (emphasis added). Our client has undertaken its new project with care and attention to, and respect for, Wargaming’s intellectual property rights. No elements of the Battle Prime game or its underlying code infringe on WOTB or any of Wargaming’s other games or proprietary intellectual property of which our client is aware. We hope that you will recognize this fact and not take any steps regarding Battle Prime which would create unnecessary and damaging conflict and which we caution you, at the end of the day, will very likely be extremely costly to Wargaming. This letter does not constitute a complete or exhaustive statement of my client’s rights, claims, contentions, or legal theories. Nothing stated in this letter is intended as, nor should it be deemed to constitute, a waiver or relinquishment of any of my client’s rights or remedies whether legal or equitable, all of which are expressly reserved.
Sincerely,
Sacha V. Emanuel EMANUEL LAW FIRM
Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 92 of 102 Page ID #:141
EXHIBIT H
Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 93 of 102 Page ID #:142
Sheppard, Mullin, Richter & Hampton LLP 379 Lytton Avenue Palo Alto, California 94301-1479 650.815.2600 main 650.815.2601 fax www.sheppardmullin.com
650.815.2673 direct [email protected] August 6, 2019
VIA ELECTRONIC MAIL
Sacha V. Emanuel Emanuel Law Firm 1100 Glendon Avenue, 15th Floor Los Angeles, CA 90024 [email protected]
Re: BlitzTeam LLC’s Release of Battle Prime
Dear Mr. Emanuel:
We write on behalf of our client, Wargaming World Limited, in response to your letter dated July 19, 2019, which you sent on behalf of your client, BlitzTeam LLC.
Wargaming welcomes Blitz Team’s willingness to demonstrate that its new mobile game entitled Battle Prime does not make unauthorized use of Wargaming’s intellectual property. However, Wargaming disagrees with your letter’s suggestion that Wargaming has acted unreasonably in defending its legal and intellectual property rights in Belarus or anywhere else. Wargaming hopes that Blitz Team’s newly stated willingness to assure Wargaming that its intellectual property is being respected means that Blitz Team will be more cooperative with the Belarus authorities and responsive to their inquiries.
Your letter insinuates that Wargaming’s concerns are limited to Blitz Team’s potential use of the DAVA Framework Engine or the misappropriation of proprietary elements of World of Tanks Blitz. That is not the case. Wargaming has reason to believe that Blitz Team has misappropriated Wargaming’s intellectual property, which includes, but is in no way limited to, the DAVA Framework Engine.
Moreover, Wargaming did not authorize your client’s use of “Blitz Team” or “Blitz Engine” in commerce. Your client’s use of “Blitz” is likely to cause confusion among members of the public as to the source of Battle Prime, the “Blitz Engine,” and any other products or services your client provides in connection with the “Blitz” mark. Because Blitz Team is not affiliated or authorized by Wargaming to use the “Blitz” mark, Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 94 of 102 Page ID #:143
August 6, 2019 Page 2
Wargaming demands that your client cease using the “Blitz” mark to describe itself or any of its products or services.
As you are undoubtably aware, Wargaming also contends that Blitz Team, through its agents and employees, improperly encouraged, induced, or solicited more than thirty Wargaming employees to join Blitz Team. The circumstances surrounding Blitz Team’s hiring of Wargaming’s employees provide further reason to believe that Blitz Team has misappropriated Wargaming’s intellectual property and confidential information.
Wargaming appreciates your client’s representation that Battle Prime should not raise intellectual property concerns from Wargaming. I am sure that your client appreciates, in return, Wargaming’s need to verify the accuracy of that representation, particularly in light of the issues referenced above. In that vein, in your letter, your client represents that Battle Prime shares no source code with the DAVA Framework Engine and that Battle Prime includes no proprietary elements of Wargaming’s World of Tanks Blitz. However, we understand that Blitz Team has refused to make its source code available for inspection by the Belarus authorities, and therefore Wargaming is not satisfied by your client’s naked assurances that no part of Wargaming’s intellectual property has been misappropriated.
If Blitz Team is sincere in its desire to “ensure that there is no misunderstanding on [Wargaming’s] part as to the lawful nature of Battle Prime,” as a starting point Wargaming proposes that Blitz Team make its Battle Prime source code (and architecture) available for inspection in the United States under the terms of a suitable non-disclosure agreement. As you know, this is frequently done in software disputes here, and companies typically engage outside source code consultants to conduct the analysis in order to maintain the confidentiality of the source code. We are happy to discuss logistics for such an inspection.
On behalf of Wargaming, we thank you for your letter and look forward to your client’s response and cooperation.
Very truly yours,
/s/ Harper S. Batts
Harper S. Batts for SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
SMRH:4831-7736-0543.1 Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 95 of 102 Page ID #:144
EXHIBIT I
Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 96 of 102 Page ID #:145 Screen Shot from Google Play
Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 97 of 102 Page ID #:146
Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 98 of 102 Page ID #:147 Screen Shot from Apple App Store
Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 99 of 102 Page ID #:148
Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 100 of 102 Page ID #:149 Screen Shot from BattlePrime.com
Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 101 of 102 Page ID #:150 Screen Shot from BlitzTeam.com
Case 2:20-cv-02763 Document 1-1 Filed 03/25/20 Page 102 of 102 Page ID #:151 Screen Shot from BattlePrime.com’s Terms of Use