36480889.Pdf

1 NATURE OF THE ACTION 2 1. Plaintiff Digital Chocolate, Inc. (“Digital Chocolate”) is a leading developer and 3 publisher of innovative games played by individuals in more than 53 countries on mobile devices, 4 online social networks, and other platforms. Since 2004, Digital Chocolate has offered for sale a 5 popular action game under the mark MAFIA WARS. Notwithstanding Digital Chocolate’s well- 6 known and longstanding use of the MAFIA WARS mark, in September 2008 Defendant Zynga 7 Game Network Inc. (“Defendant” or “Zynga”) introduced a competing game under the mark 8 MAFIA WARS. 9 2. Digital Chocolate has repeatedly objected to Zynga’s ongoing use of the MAFIA 10 WARS mark, but despite Digital Chocolate’s notices and demands, Zynga has persisted in 11 offering its game under the MAFIA WARS mark. Although in May 2009 Zynga expressly 12 assured Digital Chocolate, in writing, that “Zynga does not claim trademark rights in MAFIA 13 WARS,” just two months later Zynga filed an application with the United States Patent and 14 Trademark Office (“USPTO”) seeking to register MAFIA WARS as its trademark. Despite being 15 on notice of Digital Chocolate’s senior rights and infringement claim, Zynga repeatedly 16 misrepresented to the USPTO that no other entity owned or claimed rights in the MAFIA WARS 17 mark. 18 3. Through duplicity and bad faith, Zynga has effectively hijacked the MAFIA 19 WARS mark from Digital Chocolate and is aggressively marketing its games under the MAFIA 20 WARS mark to Digital Chocolate’s substantial detriment. To protect its intellectual property 21 rights and prevent Zynga from benefitting from its wrongful conduct, Digital Chocolate has 22 initiated this action.

23 THE PARTIES 24 4. Plaintiff Digital Chocolate, Inc. (“Digital Chocolate”) is a Delaware corporation 25 having its principal place of business at 1855 South Grant Street, San Mateo, California 94402- 26 7017. 27 /// 28 ///

COOLEY LLP ATTORNEYS AT LAW 2 DIGITAL CHOCOLATE, INC.’S COMPLAINT

1 5. Digital Chocolate is informed and believes, and based thereon alleges that 2 Defendant Zynga Game Network Inc. is a Delaware corporation having its principal place of 3 business at 365 Vermont Street, San Francisco, California 94103.

4 JURISDICTION AND VENUE 5 6. This Court has jurisdiction of this action under 15 U.S.C. §§ 1119, 1121, and 6 1125, and 28 U.S.C. §§ 1331, 1338, and 1367. This action is filed, inter alia, under the United 7 States Trademark Act of July 5, 1946, as amended, 15 U.S.C. § 1501 et seq. (the “Lanham Act”). 8 7. This Court has personal jurisdiction over Defendant because, inter alia, Defendant 9 maintains its principal place of business in California. 10 8. Venue is proper in this District pursuant to 28 U.S.C. § 1391, as both parties 11 maintain their principal place of business in this District and a substantial part of the events 12 giving rise to the claims alleged herein occurred in this District.

13 INTRA-DISTRICT ASSIGNMENT 14 9. This is an Intellectual Property Action within the meaning of Civil Local Rule 3- 15 2(c), and is to be assigned on a District-wide basis accordingly.

16 GENERAL ALLEGATIONS

17 DIGITAL CHOCOLATE AND ITS MAFIA WARS MARK 18 10. Digital Chocolate is a developer and publisher of popular mass market games and 19 social networking applications which are made available to consumers through a variety of 20 platforms, including mobile phones, the Internet, social networking services, and game consoles. 21 Founded in 2003, Digital Chocolate rapidly developed a reputation as a producer of high-quality 22 and popular multi-platform games. Via partnerships with leading distributors, Digital 23 Chocolate’s products are available throughout the United States and around the world. Digital 24 Chocolate has engaged in strategic acquisitions to expand its distribution and product offerings 25 and, in June 2004, acquired Sumea Interactive Ltd. (“Sumea”), a premier game developer based 26 in Finland. That acquisition expanded Digital Chocolate’s reach to 110 distribution partners in 27 more than 53 countries on 5 continents. 28 ///

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1 11. In 2004, Digital Chocolate adopted and began using the mark MAFIA WARS in 2 the United States and throughout the world in connection with a new game developed by its 3 wholly owned subsidiary, Digital Chocolate, Ltd. MAFIA WARS is a story-driven action game 4 in which the player takes on the character of an aspiring member of a fictional crime syndicate. 5 The game requires players to complete gangster-related tasks and assignments (known as 6 “missions”) in order to advance their standing within the criminal organization. Digital 7 Chocolate’s MAFIA WARS game quickly became popular and developed a reputation for 8 offering a rich game playing environment, compelling storyline, and rewarding challenges. 9 Digital Chocolate’s MAFIA WARS game also has been highly rated and favorably reviewed in 10 the industry press. (See, e.g., June 27, 2005 review by IGN Entertainment, a true and correct 11 copy of which is attached as Exhibit A and incorporated by reference as though set forth herein.) 12 12. Given the early success of its initial MAFIA WARS game, Digital Chocolate 13 subsequently released a number of sequels under the MAFIA WARS brand. These include 14 MAFIA WARS “Scarlotti’s War,” launched in July 2005; MAFIA WARS “Yakuza Wars,” 15 launched in January 2007; and MAFIA WARS NEW YORK, launched in April 2009. The 16 sequels are also story-driven action games where the player takes on the role of a figure in a 17 fictional organized crime syndicate. The games have enjoyed success comparable to that of the 18 original, and have been widely downloaded throughout the United States and the world. 19 13. Indeed, nearly two million consumers worldwide have downloaded Digital 20 Chocolate’s MAFIA WARS games, including hundreds of thousands of users in the United 21 States. 22 14. As a result of the consumer appeal and popularity of its MAFIA WARS game 23 series, Digital Chocolate’s MAFIA WARS mark has come to embody the reputation and goodwill 24 Digital Chocolate has earned in the marketplace for producing high quality products. The 25 MAFIA WARS mark is therefore a valuable asset of Digital Chocolate.

26 ZYNGA GAME NETWORK’S INFRINGING MAFIA WARS MARK 27 15. Digital Chocolate is informed and believes, and based thereon alleges that 28 Defendant is a developer and distributor of games available through various computer, online,

COOLEY LLP ATTORNEYS AT LAW 4 DIGITAL CHOCOLATE, INC.’S COMPLAINT

1 and mobile phone platforms. Defendant was founded in 2007 and has subsequently produced 2 several game products. In or about September 2008, well after Digital Chocolate introduced three 3 game titles in its MAFIA WARS series, Defendant introduced and began selling a game under the 4 mark MAFIA WARS and subsequently expanded its use of the MAFIA WARS mark to related 5 products and services. As it has grown in dominance in the game industry, Zynga has garnered a 6 reputation for its predatory business and suspect marketing tactics. (See, e.g., Zynga’s Secret To 7 Success: Steal Great Ideas!, http://www.businessinsider.com/how-zynga-is-just-like-microsoft- 8 2010-1; Zynga Guerilla Marketing Ploy Gets Legal Response, http://www.sfgate.com/cgi- 9 bin/blogs/cityinsider/detail?entry_id=70526&tsp=1, true and correct copies of which are attached 10 as Exhibit B and incorporated by reference as though set forth herein.) 11 16. Defendant’s MAFIA WARS game is similar to Digital Chocolate’s MAFIA 12 WARS game in that players must complete various tasks and activities in order to advance their 13 status (or level) within a fictional crime organization. Subsequent versions of Defendant’s game 14 have taken place in a number of virtual “locales” including Bangkok, where users can join the 15 Yakuza crime syndicate (similar to Digital Chocolate’s MAFIA WARS “Yakuza Wars” game), 16 and New York (similar to Digital Chocolate’s MAFIA WARS NEW YORK game). 17 17. Since introducing its game in 2008, Defendant has utilized its substantial financial 18 resources to market its MAFIA WARS games broadly and also has introduced and marketed 19 associated virtual goods and other related products and services via a variety of platforms, 20 including social game networks, mobile phone platforms, and the Internet. Defendant’s 21 marketing has expanded well beyond these platforms however, and in June 2010 Defendant 22 launched a multi-million dollar marketing campaign with 7-Eleven, whereby its MAFIA WARS 23 games were promoted throughout over 7,000 convenience stores nationwide. Customers were 24 invited to redeem codes found on MAFIA WARS branded products available at those stores for 25 limited edition MAFIA WARS virtual goods and merchandise. True and correct copies of online 26 articles describing the breadth of Defendant’s advertising and promotion campaign are attached 27 as Exhibit C and incorporated by reference as though set forth herein. 28 ///

COOLEY LLP ATTORNEYS AT LAW 5 DIGITAL CHOCOLATE, INC.’S COMPLAINT

1 18. As a result of its aggressive marketing, Defendant has enjoyed substantial success 2 in the marketplace for its MAFIA WARS products and services, claiming over 1.1 million daily 3 active users of its MAFIA WARS game as of February 2009, over 4 million daily active users as 4 of July 2009, and more than 7 million daily active users as of December 2009. 5 19. Digital Chocolate is informed and believes, and based thereon alleges that 6 Defendant has earned substantial revenue from sales of its MAFIA WARS games and related 7 virtual goods and associated merchandise. Accordingly, Defendant has profited unjustly through 8 its misappropriation of Digital Chocolate’s MAFIA WARS mark.

9 ZYNGA’S BAD FAITH USE OF THE MAFIA WARS MARK 10 20. On January 21, 2009, Digital Chocolate gave Defendant written notice of its senior 11 rights in the MAFIA WARS mark, which include Digital Chocolate’s registration for the MAFIA 12 WARS mark in the European Community, and demanded that Defendant immediately cease and 13 desist its use of the MAFIA WARS mark. A true and correct copy of this correspondence is 14 attached hereto as Exhibit D and incorporated by reference as though set forth herein. 15 21. On or about May 5, 2009, counsel for Defendant responded to Digital Chocolate’s 16 January 21 letter and stated:

17 Zynga does not claim Mafia Wars as a trademark. Zynga uses the term “Mafia Wars” to describe the genre of Zynga’s game MAFIA WARS from ZYNGA or 18 ZYNGA MAFIA WARS. Zynga disclaims any trademark rights in the term “Mafia Wars” in connection with its game. 19 Despite Zynga’s position that its use of Mafia Wars does not infringe your client’s 20 trademark, Zynga would be willing to forego claiming trademark rights in the term MAFIA WARS in the EC and will undertake not to use the term on 21 materials that are targeted at and distributed in the EC. 22 A true and correct copy of this correspondence is attached hereto as Exhibit E and incorporated 23 by reference as though set forth herein. 24 22. In direct contradiction to the representations made in its May 2009 letter to Digital 25 Chocolate, Defendant continued to make its MAFIA WARS game available in multiple European 26 jurisdictions through Apple’s iTunes online stores and the Facebook social networking service. 27 Moreover, despite being on notice of Digital Chocolate’s senior trademark registration for the 28 MAFIA WARS trademark in the EU, Defendant filed a trademark application for MAFIA WARS

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1 in the United Kingdom, a member country of the European Community. 2 23. On June 11, 2009, Defendant initiated an action in this District for trademark 3 infringement and false advertising against Playdom, Inc. based on Defendant’s purported rights in 4 the MAFIA WARS mark. Defendant’s allegations in that proceeding included the following 5 misleading and false claims:

6 Mafia Wars is one of Zynga’s most popular games, with over 2.5 million daily users. Zynga has invested significant resources in developing and promoting 7 Mafia Wars, and users have come to associate the game, the name, and the trademark “Mafia Wars” with a high standard of quality and innovation. Zynga is 8 the senior user of the “Mafia Wars” mark. (Emphasis added.) 9 A true and correct copy of the Complaint in that proceeding is attached hereto as Exhibit F and 10 incorporated by reference as though set forth herein. 11 24. On or about July 1, 2009, Zynga filed a U.S. trademark application to register a 12 stylized version of the MAFIA WARS trademark for “downloadable computer game software for 13 use on wireless devices and computers” in Class 9, and “entertainment services, namely, 14 providing on-line computer games” in Class 41. A true and correct copy of the USPTO record 15 reflecting the status of this application is attached as Exhibit G and incorporated by reference as 16 though set forth herein. 17 25. In filing the foregoing trademark application, Defendant repeatedly attested to the 18 following under penalty of perjury:

19 The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both . . . declares that he/she is 20 properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be 21 registered . . .; to the best of his/her knowledge and belief no other person, firm, corporation or association has the right to use the mark in commerce, either in 22 the identical form thereof or in such near resemblance thereto as to be likely . . . to cause confusion, or to cause mistake, or to deceive . . . . (Emphasis added.) 23

24 A true and correct copy of the application containing this declaration is attached hereto as Exhibit 25 H and incorporated by reference as though set forth herein. The declaration in this application 26 was executed by the same attorney who only two months earlier wrote (in the May 5, 2009 letter 27 to Digital Chocolate) that Zynga “does not claim Mafia Wars as a trademark” and “disclaims any 28 trademark rights in the term ‘Mafia Wars’ in connection with its game.” (See Exhibit E.) By the

COOLEY LLP ATTORNEYS AT LAW 7 DIGITAL CHOCOLATE, INC.’S COMPLAINT

1 time it filed its U.S. MAFIA WARS application, Defendant was on notice of Digital Chocolate’s 2 senior rights in the MAFIA WARS mark, rendering its affirmations to the USPTO fraudulent. 3 Defendant made this same affirmation to the USPTO on two subsequent occasions, true and 4 correct copies of which are attached as Exhibits I and J and incorporated by reference as though 5 set forth herein. 6 26. On or about January 4, 2010, Defendant applied to expand protection of its 7 MAFIA WARS trademark to Australia, China, Japan, and South Korea, under the Madrid 8 Protocol, on the basis of its fraudulent U.S. trademark application. A true and correct copy of the 9 WIPO record reflecting the current status of Defendant’s Madrid Protocol filing is attached as 10 Exhibit K and incorporated by reference as though set forth herein. Defendant also filed separate 11 applications in the United Kingdom, Canada, and New Zealand, claiming the asserted priority 12 date of its U.S. trademark application. True and correct copies of the online database records 13 reflecting the current status of these filings are attached hereto as Exhibits L, M, and N, 14 respectively, and incorporated by reference as though set forth herein. 15 27. On or about March 26, 2010, Defendant filed a second application in the United 16 States to register its MAFIA WARS mark in connection with additional goods, including “art 17 paper, decals, gift bags, greeting cards, memo pads, stationery, stickers, toilet paper, wrapping 18 paper, and writing paper” in Class 16; “beer mugs, beverage glassware, beverage stirrers, bottle 19 openers, bowls, coffee cups, tea cups and mugs, containers for ice, dishes, flower pots, napkin 20 holders, pans, salt shakers, and tooth brushers” in Class 21; and “clothing, namely t-shirts, 21 sweatshirts, hooded pullovers, tank tops, footwear, socks, jackets, button down shirts, polo shirts, 22 dresses, skirts, jeans, shorts, sweatpants, neckties, aprons, belts, gloves, jerseys, baseball caps and 23 hats, and headwear” in Class 25. A true and correct copy of the USPTO record reflecting this 24 application is attached hereto as Exhibit O and incorporated by reference as though set forth 25 herein. Defendant again affirmed under oath in its application that “no other person, firm, 26 corporation or association has the right to use the mark in commerce, either in the identical form 27 thereof or in such near resemblance thereto as to be likely . . . to cause confusion, or to cause 28 mistake, or to deceive.” A true and correct copy of Defendant’s affirmation to that effect is

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1 attached hereto as Exhibit P and incorporated by reference as though set forth herein. 2 28. Defendant’s knowing submission of false and misleading statements to the 3 USPTO in the prosecution of its applications renders the applications void on the grounds of 4 fraud. Registration of Defendant’s pending MAFIA WARS trademark applications should be 5 refused accordingly. 6 29. In light of Defendant’s continued use and exploitation of the MAFIA WARS 7 mark, representatives of Digital Chocolate sent repeated communications to Defendant in the 8 months following Defendant’s May 5, 2009 letter in a further effort to obtain Defendant’s 9 agreement to cease use of the mark. Defendant, however, refused to cease use of the mark and 10 failed to provide any justification for its continued use and promotion of the MAFIA WARS 11 mark, expansion of its MAFIA WAR game offerings, and aggressive claim of rights in the mark. 12 30. On or about March 11, 2010, Defendant initiated another trademark infringement 13 action in this District, again based on its purported rights in the MAFIA WARS mark. Despite its 14 communications with Digital Chocolate regarding Digital Chocolate’s prior use of the MAFIA 15 WARS mark for its games, Zynga submitted the following false and misleading allegations in that 16 proceeding:

17 Zynga coined the service mark MAFIA WARS and has made use of the service mark MAFIA WARS in commerce since September 2008. Zynga coined the 18 trademark MAFIA WARS and has made use of the trademark MAFIA WARS in commerce since April 2009. 19 * * * 20 The mark MAFIA WARS is inherently distinctive, and furthermore, by virtue of 21 the extensive online sales and advertising under the mark MAFIA WARS, the MAFIA WARS mark has become well-known within social gaming circles as a 22 source identifier for [Zynga’s] game. (Emphasis added.) 23 A true and correct copy of this Complaint is attached hereto as Exhibit Q and incorporated by 24 reference as though set forth herein. 25 31. Defendant’s adoption of Digital Chocolate’s mark has caused actual consumer 26 confusion in the marketplace. Indeed, Digital Chocolate has received inquiries from consumers 27 who are confused as to the source of the parties’ respective games. 28 ///

COOLEY LLP ATTORNEYS AT LAW 9 DIGITAL CHOCOLATE, INC.’S COMPLAINT

1 32. In a good faith effort to resolve this matter, Digital Chocolate has attempted to 2 engage Defendant multiple times. In response, Defendant has made false promises of cooperation 3 and offered lip service that it respected Digital Chocolate’s rights in the MAFIA WARS mark. 4 Zynga’s bad faith is demonstrated by actions that belie its pretense of good faith; among other 5 acts, Zynga filed an application for MAFIA WARS in the U.K. and in several other countries 6 around the world (while engaged in discussions with Digital Chocolate); Zynga continued to 7 zealously market and expand use of the MAFIA WARS mark in connection with its games and 8 related products; and Zynga falsely claimed to the public, the USPTO, and the courts that it 9 “coined” the MAFIA WARS mark and owns superior rights in the mark. Zynga’s wrongful 10 misappropriation of Digital Chocolate’s MAFIA WARS mark has damaged Digital Chocolate’s 11 rights, goodwill, and revenue associated with its MAFIA WARS games.

12 FIRST CAUSE OF ACTION

13 FEDERAL TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION, 15 U.S.C. § 1125 14 33. Digital Chocolate incorporates by reference paragraphs 1 through 32, inclusive, as 15 if fully set forth herein. 16 34. Digital Chocolate began offering games and related services under the MAFIA 17 WARS mark in the United States in 2004 and has used the MAFIA WARS mark continuously in 18 United States commerce since that time. 19 35. Digital Chocolate’s MAFIA WARS goods and services are made available in the

20 United States on its website at http://digitalchocolate.com and through mobile network operators.

21 36. Digital Chocolate has invested substantial time, effort, and financial resources in 22 the development, promotion, and sale of its MAFIA WARS games in interstate commerce in the 23 United States. The MAFIA WARS mark has become, through widespread and favorable public 24 acceptance and recognition, an asset of substantial value as a symbol of Digital Chocolate, its 25 quality products and services, and its goodwill. 26 37. Notwithstanding Digital Chocolate’s rights in the MAFIA WARS mark, beginning 27 in or about September 2008 Defendant adopted and began to use the identical MAFIA WARS 28 mark in interstate commerce in connection with the sale and offering for sale of its games and

COOLEY LLP ATTORNEYS AT LAW 10 DIGITAL CHOCOLATE, INC.’S COMPLAINT

1 ancillary products and services. 2 38. Digital Chocolate is informed and believes, and based thereon alleges that 3 Defendant adopted the MAFIA WARS mark with knowledge of Digital Chocolate’s MAFIA 4 WARS mark and, without Digital Chocolate’s consent and in contravention of Digital 5 Chocolate’s rights, has continued to use that mark in connection with the sale, offering for sale, 6 distribution, and promotion of its goods and services. 7 39. Defendant’s MAFIA WARS mark is identical to Digital Chocolate’s MAFIA 8 WARS mark in appearance, sound, and meaning; is being used in connection with the same type 9 of goods and services as those offered by Digital Chocolate; is being offered through the same 10 channels of trade, i.e., mobile telephone platforms and the Internet; and targets the same 11 consumer market. 12 40. The instantaneous nature of Internet navigation, the speed at which people 13 navigate and are presented with advertisements, images and/or data on the Internet, and the speed 14 at which consumers perform transactions on the Internet, all tend to increase the risk of confusion 15 or mistake about the source of a product or service. 16 41. Defendant has misrepresented the nature of its rights in the MAFIA WARS mark 17 to the USPTO in its efforts to secure registration of the mark, such that its pending applications 18 should be declared void ab initio for fraud. 19 42. Defendant’s continued use of the MAFIA WARS mark has injured and will 20 continue to injure Digital Chocolate by causing a likelihood that the public will continue to be 21 confused into believing that the goods or services provided by Defendant are endorsed or 22 sponsored by Digital Chocolate and constitutes trademark infringement and unfair competition in 23 violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). 24 43. Digital Chocolate has no control over the nature and quality of the goods and 25 services offered by Defendant under the MAFIA WARS mark, and Digital Chocolate’s reputation 26 and goodwill will be damaged and the value of its common law MAFIA WARS mark jeopardized 27 by Defendant’s continued use of the MAFIA WARS name and mark. 28 ///

COOLEY LLP ATTORNEYS AT LAW 11 DIGITAL CHOCOLATE, INC.’S COMPLAINT

1 44. Because of the actual confusion and the likelihood of continued confusion between 2 the parties’ marks, defects, objections, or faults found with Defendant’s products and services 3 offered under the MAFIA WARS mark could negatively reflect upon and injure the reputation 4 that Digital Chocolate has established for the services it offers in connection with its MAFIA 5 WARS mark. 6 45. In the alternative, the confusion created by Defendant’s adoption of the MAFIA 7 WARS mark and aggressive promotion of its MAFIA WARS products and services has 8 overwhelmed the market presence of Digital Chocolate’s MAFIA WARS game, resulting in 9 reverse confusion. Defendant’s acts as alleged herein could cause consumers to believe that 10 Digital Chocolate is the unauthorized infringer of Zynga’s purported MAFIA WARS mark, 11 resulting in injury to Digital Chocolate’s reputation and goodwill in its business and MAFIA 12 WARS mark. 13 46. Defendant’s acts as alleged above, if not enjoined, will continue. Digital 14 Chocolate has no adequate remedy at law in that the amount of its damages is difficult to 15 ascertain with specificity. 16 47. As a result of Defendant’s infringement of Digital Chocolate’s marks, Digital 17 Chocolate has incurred damages in an amount to be proven at trial consisting of, among other 18 things, diminution in the value of and goodwill associated with the marks. 19 48. Defendant’s unauthorized use of the MAFIA WARS mark in interstate commerce 20 as described herein constitutes trademark infringement and unfair competition under 15 U.S.C. § 21 1125(a), as it is likely to cause consumer confusion, mistake, or deception.

22 SECOND CAUSE OF ACTION

23 FEDERAL FALSE DESIGNATION OF ORIGIN, 15 U.S.C. § 1125 24 49. Digital Chocolate incorporates by reference paragraphs 1 through 48, inclusive, as 25 if fully set forth herein. 26 50. In connection with Defendant’s goods and services, Defendant has used in 27 commerce and without Digital Chocolate’s authorization or consent the MAFIA WARS mark for 28 game products and services, which is identical to Digital Chocolate’s MAFIA WARS mark for

COOLEY LLP ATTORNEYS AT LAW 12 DIGITAL CHOCOLATE, INC.’S COMPLAINT

1 game products and services in appearance, sound, meaning, and commercial impression. 2 51. Such acts have caused confusion, and are likely to continue to cause confusion and 3 deception among the purchasing public and/or are likely to lead the consuming public to believe 4 that Digital Chocolate has authorized, approved or somehow sponsored Defendant’s MAFIA 5 WARS products and services. 6 52. Defendant’s unauthorized sale and marketing of its products and services in 7 interstate commerce using the MAFIA WARS mark constitutes a use of a false designation of 8 origin or false representation that wrongfully and falsely designates Defendant’s products as 9 originating from or connected with Digital Chocolate, and constitutes the use of false descriptions 10 or representations in interstate commerce in violation of 15 U.S.C. § 1125(a). 11 53. Defendant’s false designation of origin and false description through its use of the 12 MAFIA WARS mark has caused, and if not enjoined will continue to cause, irreparable and 13 continuing harm to Digital Chocolate’s marks, business, reputation, and goodwill, for which 14 Digital Chocolate has no adequate remedy at law. 15 54. As a direct and proximate result of Defendant’s wrongful use of the MAFIA 16 WARS mark, Digital Chocolate has been and will continue to be damaged by, without limitation, 17 the diminution in the value of its trademarks, reputation, business, and goodwill in an amount to 18 be proven at trial. 19 55. Digital Chocolate is informed and believes, and based thereon alleges that 20 Defendant adopted the MAFIA WARS mark with knowledge of Digital Chocolate’s MAFIA 21 WARS mark, and with the intent to create a likelihood of confusion with regard to and/or trade 22 off of Digital Chocolate’s MAFIA WARS mark.

23 THIRD CAUSE OF ACTION

24 VIOLATION OF ANTI-CYBERSQUATTING CONSUMER PROTECTION ACT, 15 U.S.C. § 1125(D) 25 56. Digital Chocolate incorporates by reference paragraphs 1 through 55, inclusive, as 26 if fully set forth herein. 27 57. Digital Chocolate is informed and believes, and based thereon alleges that 28 Defendant acquired the MAFIAWARS.COM domain name in July 2009, and that Defendant

COOLEY LLP ATTORNEYS AT LAW 13 DIGITAL CHOCOLATE, INC.’S COMPLAINT

1 subsequently made use of the MAFIAWARS.COM domain name. True and correct copies of the 2 domain name registration records for MAFIAWARS.COM reflecting the acquisition are attached 3 hereto as Exhibit R and incorporated herein by reference. True and correct print-screens of the 4 website affiliated with the MAFIAWARS.COM domain name as of August 5, 2010, reflecting 5 Defendant’s use of the domain name, are attached hereto as Exhibit S and incorporated herein by 6 reference. 7 58. Digital Chocolate began using the distinctive MAFIA WARS mark almost five 8 years prior to Defendant’s acquisition of the MAFIAWARS.COM domain name. By the time 9 Defendant acquired the MAFIAWARS.COM domain name, the MAFIA WARS mark was widely 10 recognized as an indicator of source for Digital Chocolate’s games. 11 59. Defendant’s MAFIAWARS.COM domain name is identical to Digital Chocolate’s 12 MAFIA WARS trademark. 13 60. Digital Chocolate is informed and believes and thereon alleges that Defendant 14 acquired and has used the MAFIAWARS.COM domain name with a bad faith intent to profit 15 from Digital Chocolate’s MAFIA WARS mark. 16 61. Defendant’s actions have caused, and continue to cause, great and irreparable 17 injury to Digital Chocolate. Unless these acts are restrained by this Court, they will continue, and 18 Digital Chocolate will continue to suffer such injury. 19 62. Digital Chocolate is entitled to cancellation of Defendant’s MAFIAWARS.COM 20 domain name registration and transfer of the domain name to Digital Chocolate, along with 21 monetary compensation and statutory penalties pursuant to the Anti-Cybersquatting Consumer 22 Protection Act, 15 U.S.C. § 1125(d).

23 FOURTH CAUSE OF ACTION

24 COMMON LAW TRADEMARK INFRINGEMENT 25 63. Digital Chocolate incorporates by reference paragraphs 1 through 62, inclusive, as 26 if fully set forth herein. 27 /// 28 ///

COOLEY LLP ATTORNEYS AT LAW 14 DIGITAL CHOCOLATE, INC.’S COMPLAINT

1 64. Defendant’s acts alleged herein and specifically, without limitation, Defendant’s 2 use of the MAFIA WARS mark, infringe Digital Chocolate’s exclusive trademark rights in the 3 MAFIA WARS mark, in violation of the common law. 4 65. Defendant’s acts as alleged above, if not enjoined, will continue. Digital 5 Chocolate has no adequate remedy at law in that the amount of its damages is difficult to 6 ascertain with specificity. 7 66. As a result of Defendant’s acts as alleged above, Digital Chocolate has incurred 8 damages in an amount to be proven at trial consisting of, among other things, diminution in the 9 value of the goodwill associated with Digital Chocolate’s marks.

10 FIFTH CAUSE OF ACTION

11 COMMON LAW UNFAIR COMPETITION 12 67. Digital Chocolate incorporates by reference paragraphs 1 through 66, inclusive, as 13 if fully set forth herein. 14 68. Digital Chocolate is informed and believes, and based thereon alleges that 15 Defendant has engaged in and continues to engage in unfair competition by using the MAFIA 16 WARS mark with the intention of interfering with and trading on the business reputation and 17 goodwill engendered by Digital Chocolate in the MAFIA WARS mark through Digital 18 Chocolate’s hard work and diligent effort. 19 69. Defendant’s acts have caused Digital Chocolate competitive injury, as described 20 herein, and specifically have caused Digital Chocolate to incur damages in an amount to be 21 proven at trial consisting of, among other things, diminution in the value of and goodwill 22 associated with Digital Chocolate’s marks. 23 70. Defendant’s acts as alleged above, and specifically, without limitation, 24 Defendant’s use of the MAFIA WARS mark, if not enjoined, will continue. Digital Chocolate 25 has no adequate remedy at law in that the amount of its damages is difficult to ascertain with 26 specificity. 27 /// 28 ///

COOLEY LLP ATTORNEYS AT LAW 15 DIGITAL CHOCOLATE, INC.’S COMPLAINT

1 SIXTH CAUSE OF ACTION 2 STATE UNFAIR COMPETITION, CAL. BUS. & PROF. CODE §§ 17200, ET SEQ. 3 71. Digital Chocolate incorporates by reference paragraphs 1 through 70, inclusive, as 4 if fully set forth herein. 5 72. By the acts described herein, Zynga has engaged in unlawful and unfair business 6 practices that have injured and will continue to injure Digital Chocolate in its business and 7 property, in violation of California Business and Professions Code §§ 17200 et seq. 8 73. Defendant’s acts alleged herein have caused monetary damages to Digital 9 Chocolate in an amount to be proven at trial, and have caused, and will continue to cause, 10 irreparable injury to Digital Chocolate and its business, reputation, and trademarks, unless and 11 until Defendant is permanently enjoined. 12 74. As a direct and proximate result of Defendant’s conduct alleged herein, Defendant 13 has been unjustly enriched and should be ordered to disgorge any and all profits earned as a result 14 of such unlawful conduct.

15 PRAYER FOR RELIEF 16 WHEREFORE, Digital Chocolate prays: 17 A. That this Court grant permanent injunctive relief enjoining Defendant and all 18 others acting in concert with and having knowledge thereof from using the MAFIA WARS mark, 19 and any similar trade name or mark or variant thereof, as a trade name, trademark, service mark, 20 domain name, or for any other purpose; 21 B. That this Court declare the pending MAFIA WARS USPTO trademark 22 applications void ab initio; 23 C. That this Court order Defendant to account to Digital Chocolate and disgorge any 24 and all revenues and profits that Defendant has derived from its wrongful actions; 25 D. That this Court hold Defendant liable for all compensatory and/or statutory 26 damages suffered by Digital Chocolate resulting from the acts alleged. 27 E. That this Court award Digital Chocolate treble damages, reasonable attorney’s fees 28 and expenses, and costs;

COOLEY LLP ATTORNEYS AT LAW 16 DIGITAL CHOCOLATE, INC.’S COMPLAINT

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Mafia Wars LIKE THIS ARTICLE Like You and 2 others like this.2 people like this. Sumea has an offer that you may or may not be able to refuse. · Admin Page · Error · Unlike June 27, 2005 You like Mafia Wars. · Unlike You like Mafia Wars. · Admin Page · Error · Unlike American pop culture has embraced the Mafia -- romanticized by Levi Buchanan organized crime has never looked better through the eyes of Hollywood, save for the warts-and-all "Sopranos." Sumea, LATEST IMAGES part of the Digital Chocolate family, has taken on a snippet of the mythos -- the high-rolling 1920s -- for the setting of their action/adventure game. You are a young hoodlum yearning to work your way up through the ranks of the mob. The best way to reach the top of La Costa Nostra is via successfully performing a series of jobs at the Don's request.

Your reputation and ranking is directly affected by your actions. For example, every time you slaughter a handful of brown- suited rival gang members, your stature increases. Every time GAME DETAILS you complete a mission -- usually resulting in death and mayhem -- you get a bump in the family tree.

The story of Mafia Wars unfolds over seven missions, laid out in a linear fashion. You unlock new missions when you complete previous tasks. Each mission has a little story that fits into the overall arc, which might not contain any surprises, but is

View all 3 images » certainly appreciated. Mafia Wars (2004) There is a depth to Mafia Wars that is definitely appreciated, too. The levels are large and intricately designed, full of Published by: Sumea Developed by: Sumea buildings you can step into, even if official business doesn't Genre: Action require you to do so. (Some of these buildings contain health Number of Players: 1 power-ups, so if you've taken a few slugs, it's best to become Release Date: US: January 1, 2004 downright neighborly.) There is a map that shows you the general lay-out, as well as where you and your targets are located. In later missions, this is incredibly helpful, as there are ways to get lost.

http://wireless.ign.com/articles/629/629386p1.html[8/19/2010 2:04:49 PM] Mafia Wars - Wireless Review at IGN

As you attempt to conquer the streets, you must mind your weapon. Walking around with a tommy gun, shotgun, or pistol IGN SCORE will attract the unwanted attention of the cops. Killing civilians 7.7 "Good" will also land you in hot water, so that should be avoided unless Press Score - 2 Ratings 3.8 you want to make your rep as a maniac. Reader Score - 7 Ratings 7.7

Optional: 0.0 There is a secondary game mode, too, called Last Man Write a full review Standing. This is a pure action game where you must drop screen after screen of gangsters in an effort to be, well, the last man standing. AROUND THE NETWORK Mafia Wars (2004) at IGN The action elements work pretty well, save for the auto-aim Mafia Wars (2004) at GameSpy feature that is a tab too temperamental. When you have your Mafia Wars (2004) at GameStats gun drawn and you are facing an enemy, a target will appear over them to let you know you can shoot. The problem is getting lined-up properly enough to make your shot, especially in later missions when the screen is a little more littered with enemy gangsters. It can get frustrating, waiting for the target to appear when you see blood pouring out of your own bullet wounds.

The game is kinda violent -- but that's what you would expect from a game called Mafia Wars. Blood spurts from gunshot wounds. Barrels of whiskey or period cars explode when shot, resulting in damaging flames. Burning enemies will run around in a panic when caught in the blast radius.

CLOSING COMMENTS Mafia Wars is a pretty tight little package. The two game modes are solid. Last Man Standing is good for lightning-fast game sessions, while the story mode will fill a fifteen minute break without a problem. I wish the game moved a little faster, especially considering the size of some of the levels. Getting through a mission can take longer than it should just because it takes so long to walk to your objective. However, I enjoyed the bits with keeping your weapon hidden until need, the easily explored real estate, and the mission structure.

IGN RATINGS FOR MAFIA WARS (2004) (CELL)

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7.7 Good OVERALL (out of 10)

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http://wireless.ign.com/articles/629/629386p1.html[8/19/2010 2:04:49 PM] EXHIBIT B Zynga's Secret To Success: Steal Great Ideas!

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Your Money Sponsored by One reason people love to hate Zynga is the approach Zynga has taken to becoming Dow 10271.21 so successful: The Microsoft approach. -144.33 -1.39% Nasdaq 2178.95 -36.75 -1.66% Specifically: Copy a competitor's product, S&P 500 1075.63 then crush the competitor. -18.53 -1.69%

Bill Gates did not grow Microsoft into an global giant by purely innovating or creating Advertisement completely new products. Instead, he identified successful products, duplicated them, and used Microsoft's superior positioning and power to crush the existing competition.

For instance, Microsoft's Windows banished See Also: the Macintosh to years of relative obscurity; Internet Explorer killed off Netscape; Excel "High Level Ex-Facebook Exec" Says walloped Lotus, and Word replaced Zuckerberg Wants To Hire A CEO – WordPerfect as the gold standard in word- Analyst processing. Places Is Facebook's Biggest Bet To Similarly, to grow his company, Zynga Date founder and CEO Mark Pincus has applied this model to the social gaming industry. Get Ready For A Wave Of Annoying One way Zynga creates huge hits is by Facebook Places Check Ins identifying popular games from other studios, creating a near replica, and then beating the original with a bigger marketing Facebook → Placebook budget. • The Implications Of Facebook's As with Microsoft, this strategy has made Zynga unpopular. The company has already paid one seven- "Places" figure settlement, and is mired in a slew of ongoing lawsuits.

But unpopularity -- and even perpetual legal battling -- may be problems Zynga is happy to put up with. As Microsoft has demonstrated, the strategy works. • REVEALED: Facebook's Wacky Until his recent displays of philanthropic munificence, Bill Gates was never a beloved figure -- not the Product Launch way Steve Jobs and Larry Ellison were. But you never caught his shareholders complaining. Ceremonies

So far, Mark Pincus and Zynga appear to be making that same trade-off.

http://www.businessinsider.com/how-zynga-is-just-like-microsoft-2010-1[8/19/2010 2:08:38 PM] Zynga's Secret To Success: Steal Great Ideas!

Take a look at Zynga's games, the games it copied, and how • Facebook Places Is An Obvious it has crushed the innovators → • Three Engineers Foursquare Rip-Off Who Made And It's Going To Photo: Joi Facebook Be Huge View As Slideshow » Something 500 Million People Love Just Quit

Before Zynga came out with Mafia Wars… • Facebook Places Off To A Rough Start In San Francisco

HOT QUESTIONS What Smart People Are Discussing Right Now

Q: Should a mosque be built at Ground Zero? 41 Answers 12 minutes ago

Q: Foursquare users, are you still going to use Foursquare--or switch to Facebook? 2 Answers 48 minutes ago

Q: QUESTION OF THE DAY: Is Foursquare toast? 4 Answers 2 hours ago …Psycho Monkey developed Mob Wars More | All » And here's where things stand now:

MOB WARS Jobs Date Released: Machine Learning September 2008 Engineer San Mateo, CA (United Developer: Psycho States) Monkey LLC Redbeacon Users: 1,205,879 More Jobs > Post a Job >

MAFIA WARS Date Released: Read Me November 2008 Users: 23,256,287 John Battelle | 3 Developer: Zynga AT&T on net neutrality: Trust us, we know what you want.Read » What it is: Commit crimes or attack other Dan Frommer | 7 players with the click of a button, then read about how it all turned out. Criminal activity Shopkick could have been earns you in-game cash to buy weapons, equipment, and real estate, and experience points popular with teens, but doesn't that allow you to improve your abilities. work on the teen-friendly iPod touch.Read » RESOLUTION: Psycho Monkey filed a lawsuit against Zynga that was ultimately settled for between $7-$9 million. Henry Blodget | 32 Okay, folks, here's something we'd love your help with: SAI is

http://www.businessinsider.com/how-zynga-is-just-like-microsoft-2010-1[8/19/2010 2:08:38 PM] Zynga's Secret To Success: Steal Great Ideas!

looking for a great editor-in- chief.Read »

Before Zynga's FarmVille… Mark Suster You have 20 seconds to get someone's attention. Here's how to make them count.Read »

Owen Thomas | 1 From Groupon to Etsy and FreshDirect to Diapers.com, a cunning new breed of e- commerce players should be ready to test the public markets soon.Read »

…there was Slashkey's Farm Town

And here's where things stand now:

Farm Town: Date Released: THE HIVE What Smart People Are Reading April 2009 Right Now Developer: Slashkey Twifficiency 53 Users: 14,104,459 The Tragic Death of Practically Everything 31 FARMVILLE: Date Released: The Web Is Dead. Long Live the Internet | June 2009 Magazine 30 Users: 74,008,714 More | All » What it is: You farm. You plant seeds, which take time to grow, at which point you can harvest and sell them. You advance in much the same manner as in Mafia Wars (and nearly all of Zynga's other games), gaining cash and experience for your work, allowing you to expand and improve your farm. Friends playing Small Business Tech Technology reviews and advice for small FarmVille can become your 'neighbors', their farms actually appearing right next to yours; businesses. Hardware, software, mobile, interacting with them, or getting more people to sign up, helps you earn more. network & social media strategies to help grow your company. 7,443 businesstech

Jim Goldman Technology reporter and journalist for Before Zynga made FishVille… CNBC. Writer of TechCheck. Focused on tech news, trends, analysis & economics.

1,517 jimgoldman

jeffersongraham Tech reporter for USA TODAY. Host & producer of Talking Tech web video show. Journalist covering consumer electronics and internet culture.

http://www.businessinsider.com/how-zynga-is-just-like-microsoft-2010-1[8/19/2010 2:08:38 PM] Zynga's Secret To Success: Steal Great Ideas!

2,129 jeffersongraham

Christine Gilbert Fortune 500 manager turned travel blogger and digital nomad offers tech reviews. Updates on documentary, The Wireless Generation. 47,311 almostfearless

Twelpforce Best Buy A collective force of Best Buy technology pros offering tech advice in Tweet form. Search www.bbyfeed.com to find your own answers... 28,079 twelpforce

Sponsors …TallTree Games had a hit with Fish World

And here's where things stand now:

FISH WORLD Date Released: October 2009 Developer: TallTree Games Users: 7,607,655

FISHVILLE Date Released: November 2009 Users: 24,460,783

What it is: You can read much, much more about FishVille and how it makes money here, but the premise is pretty simple: you start with an empty fish tank, and you want to build up a fish tank filled with exotic fish and neat decorations. You buy baby fish and sell grown fish, which are mysteriously more valuable. As always, you can Sponsor Business Insider » trade with friends who also play.

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Here It Is: The World's Most Expensive Home 198,982 Views Zynga's game Cafe World came after…

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http://www.businessinsider.com/how-zynga-is-just-like-microsoft-2010-1[8/19/2010 2:08:38 PM] Zynga's Secret To Success: Steal Great Ideas!

…Playfish's Restaurant City

And here's where things stand now:

RESTAURANT CITY Date Released: April 2009 Developer: Playfish Users: 15,009,117

CAFE WORLD Date Released: September 2009 Users: 29,967,961

What it is: You are the owner and chef of a new restaurant. After hiring a waiter, you begin cooking food, which is served to customers. This earns you money. Money allows you to buy more cooking equipment. And so on.

Zynga's PetVille…

http://www.businessinsider.com/how-zynga-is-just-like-microsoft-2010-1[8/19/2010 2:08:38 PM] Zynga's Secret To Success: Steal Great Ideas!

…followed Playfish's Pet Society

And here's where things stand now:

PET SOCIETY: Date Released: September 2008 Developer: Playfish Users: 20,042,566

PETVILLE: Date Released: December 2009 Users: 17,944,083

What it is: You have a new pet to take care of. This involves feeding him, washing him, playing with him, and the like. Keeping him happy earns you money to decorate your home, which is very important to your pet. You can also take him to your friends houses to play with their pets, which makes him very happy.

Zynga's came out with Word Twist after…

…GameHouse made TextTwist

And here's where things stand now:

TEXTTWIST Date Released: July 2009 (for the Facebook version, but it has existed as a web game for years)

http://www.businessinsider.com/how-zynga-is-just-like-microsoft-2010-1[8/19/2010 2:08:38 PM] Zynga's Secret To Success: Steal Great Ideas!

Developer: GameHouse Users: 195,229

WORD TWIST Date Released: September 2008 Users: 445,228

What it is: Find as many words as you can using the letters provided. You can play by yourself, or challenge up to four friends at a time.

Zynga's Game: YoVille

What Came First: Nothing!

YoVille Date Released: September 2008 Users: 15,234,993 What it is: YoVille is PetVille without the pets, or FishVille without the fish. Decorating your home is a big part of it. So is visiting the homes of your friends. You can earn money by actually going to work (at a factory!) and by

http://www.businessinsider.com/how-zynga-is-just-like-microsoft-2010-1[8/19/2010 2:08:38 PM] Zynga's Secret To Success: Steal Great Ideas!

playing mini-games with other players (tic-tac-toe, rocks, paper, scissors, etc.).

It isn't too closely modeled on anything as far as we can tell. This one is Zynga all the way.

Summary

In addition to the games profiled here, Zynga has a number of Mafia Wars clones, with nearly identical game play but different subject matter: Fashion Wars, Dragon Wars, Pirates, Vampires, Street Racing, and Special Forces. It also has a game called Roller Coaster Kingdom which is fairly close to Cafe World. Finally, it has versions of a few common games that either aren't anyone's intellectual property (poker) or are regularly duplicated with impunity (Boggle).

All in all, then, Zynga has one original game in its 19-strong Facebook lineup, just over 5% of its total output.

Don't Miss:

How Zynga makes millions off FishVille >>

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Electronic Arts Edit This » Zynga Edit This » Facebook Edit This »

Summary Summary Summary Electronic Arts is an Social games maker Zynga Facebook is one of the international video game develops browser-based largest web sites in the developer, marketer, games that work both stand- world. The site was started publisher and distributor. alone and as application in 2004 by Mark Zuckerberg More » widgets on social networking when he was an websites such as Facebook. undergraduate student at Its games include FarmVille, Harvard and grew rapidly to Mafia Wars, Zynga Poker, include hundreds of millions YoVille... More » of users. Since September... More »

Nick Saint is a reporter at The Business Recent Posts Insider. FarmVille Creator Zynga Hir... Contact: e-mail: [email protected] Jonah Peretti's Awesome Vir... AIM: erraticnyc Are You Smart Enough To Get... Subscribe to his twitter feed

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Comment kicked to The Bleachers.

http://www.businessinsider.com/how-zynga-is-just-like-microsoft-2010-1[8/19/2010 2:08:38 PM] Zynga's Secret To Success: Steal Great Ideas!

Comment kicked to The Bleachers.

OK on Jan 19, 3:15 PM said: 4 1

Zynga bought yoville and poker so in fact zynga has never made a original Flag as Offensive successful game. I doubt they ever will.

Parker (URL) on Jan 19, 3:22 PM said: 2 1

This post reeked of M$ hate, but its true. Flag as Offensive

just.a.guy on Jan 19, 3:33 PM said: 4 0

It's pretty amazing how fast Zynga's offerings have followed the competitors. If Flag as Offensive they are in fact copies after the fact, which seems likely, that is some very very fast fast-following. And some amazingly efficient and fast marketing as well.

The products are simpler and easier to distribute, but given the timescales, this is like the Microsoft model on crack.

togilvie on Jan 19, 3:38 PM said: 4 0 This has been practiced by the smartest companies for many years. Pretty sure Flag as Offensive that the standard b-school example for this is Toyota.

Muhammad (URL) on Jan 19, 3:39 PM said: 3 0 You could say the exact same thing about Facebook copying liberally from Flag as Offensive Tumblr/Twitter: status updates, "like", lists, now retweets.

Henry Blodget on Jan 19, 5:31 PM said: 2 0 @Muhammad: Yes. We have said that, actually. It's a good Flag as Offensive strategy.

henry blodget on Jan 19, 9:24 PM said: 3 0 now they have the money Flag as Offensive so they can buy real game developers i just wonder how long that business model will last since they have NO MOAT

Kareem on Jan 19, 10:05 PM said: 0 2

Not sure if you guys are aware, but your site is deathly slow a lot of the time Flag as Offensive lately (30 second page loads). It also appears to be maxing out DB connections or something, because the content will load to a point (header) then stop.

Lawrence on Jan 19, 10:14 PM said: 0 0

http://www.businessinsider.com/how-zynga-is-just-like-microsoft-2010-1[8/19/2010 2:08:38 PM] Zynga's Secret To Success: Steal Great Ideas!

Sounds like YoVille is a copy of the Sims and Animal Crossing. Flag as Offensive

FML for your school -> (URL) on Jan 20, 10:29 AM said: 0 1 @Lawrence: Agree. You can trace anything to something b/c seriously at Flag as Offensive this point of history no idea is truly "innovative."

However, I find this article insightful. For once SAI is giving some fresh news! lolz (I love SAI nevertheless).

The similarity of graphics is striking.

I wonder if this will be taught as a legitimate business model in the future...I mean...the only cost is couple million in lawsuit settlement, whereas the payoff is not spending money on R & D and cash flow in the future...as long as the latter is greater than former...well, "breaking" a law seems a pretty good strategy.

Money wins.

popo on Jan 20, 12:16 AM said: 1 5

Nick, Flag as Offensive

What part of business competition, product development and researching the competitive- marketplace do you not understand?

Good for Zynga.

And by the way -- this has nothing to do with Microsoft. The Microsoft strategies were based on:

1) Bundling 2) Backdoor technical advantages through the OS 3) Acquisition

This post reeks of junior-varsity "hate", and makes BusinessInsider look like a whine-rag run by a bunch of losers who are neither business-people, nor "insiders".

Thomas Aquinas on Jan 20, 9:27 AM said: 1 1

@popo: Wait. Did you read the article? Flag as Offensive

There's some gentle mockery of a company whose whole model is based on flirting with copyright infringement. But there is also acknowledgment of the model's success. I quote:

"But unpopularity -- and even perpetual legal battling -- may be problems Zynga is happy to put up with. As Microsoft has demonstrated, the strategy works.

Until his recent displays of philanthropic munificence, Bill Gates was never a beloved figure -- not the way Steve Jobs and Larry Ellison were. But you never caught his shareholders complaining.

So far, Mark Pincus and Zynga appear to be making that same trade-off."

That seems more cool rationality than JV haterade.

Scholasticism rulez!!1!

sent2null (URL) on Jan 20, 12:31 AM said: 2 0

Time out Flag as Offensive

Larry Ellison was beloved? by who?

*grin*

http://www.businessinsider.com/how-zynga-is-just-like-microsoft-2010-1[8/19/2010 2:08:38 PM] Zynga's Secret To Success: Steal Great Ideas!

Matt on Jan 20, 9:08 AM said: 2 0 Lotus sucked. I had to build an interactive training package on it once, hated Flag as Offensive every minute of using it.

Neek on Jan 20, 10:43 AM said: 2 2

There seems to be a lot of mistaken assumptions here. Flag as Offensive

1) Larry Ellison, beloved by users? 2) MS didn't banish the Mac, it was a combination of Apple's early mistakes and MS taking advantage of holes in its strategy (It DID copy the Mac, but that's another story altogether, and Apple DID steal that interface from Xerox too) 3) Internet Explorer used the Mosaic license early on, from Spyglass 4) Excel didn't "copy" Lotus, MS made its own after Lotus wouldn't support MS-Windows early on. 5) Ditto for Wordperfect.

etc. etc.

Dude, the ancient Greeks, Rome and many/most companies get big by assimilating or embracing technology not just in-house, but elsewhere, and use it to great effect.

Why single out MS? Because of its success? Zynga does that as its own strategy to get a leg up, MS or not.

Prick on Jan 20, 11:18 AM said: 1 1

@Neek: Not sure your comment on excel is correct. Excel was created in Flag as Offensive the 80s in response to the completely shitty "visicalc". I could be wrong

Neek on Jan 23, 11:28 AM said: 1 1

@Prick: You must be referring to MS Multiplan. Excel was made for Flag as Offensive Windows to be a graphical app after Lotus, Ashton-Tate (before it was acquired by Borland) and Wordperfect Corp. tried to stifle MS hegemony by not supporting Windows and opting instead to stay with DOS and OS/2.

Excel et al took advantage of the graphical interface of Windows, giving it years of leeway before Lotus and the rest of the gang could catch up, having made the wrong bet, and all the while MS's stranglehold on Windows grew stronger.

NameCaster (URL) on Mar 6, 6:22 PM said: 0 0 @SonicMaBro Flag as Offensive It may be a possibility that what you say could actually be useful but I refuse to read a post that is all caps. You should fill out an app for Zynga.

Alacrity on Mar 7, 6:24 PM said: 0 0

Zynga steals good ideas? Did WoW steal their MMO idea from Everquest, Flag as Offensive FFXI, Ultima Online? The statement that there is stealing involved does not take into consideration that everything is spawned from something. Because of this there is an evolution in games. Zynga took the base idea, and evolved it into something bettwe than what it was. Even for real world markets, did Pepsi steal Coke's idea? Does the cosmetic industry repeatedly steal from eachother? How about the fashion industry? When one takes a good look at the big picture, one can realize that all things are derived from something else. The very essence of

http://www.businessinsider.com/how-zynga-is-just-like-microsoft-2010-1[8/19/2010 2:08:38 PM] Zynga's Secret To Success: Steal Great Ideas!

originality is the innovation involved with taking old ideas and making them better.

Muhammad Asad on Apr 28, 8:20 AM said: 0 0 this post is very informative Flag as Offensive cheack it out...... Weighing Equipment

Iamgod Inhell on May 6, 10:29 AM said: 0 0 Recently, A very good friend of mine has had her acount hacked and Flag as Offensive all her tradable items stolen in Zynga's Mafia Wars. I had heard rumors in the past that Zynga has been suspected of doing such things themselves, but talking with ppl lately I have found that higher lvl powerful players have suddenly had all there items removed....and gotten absolutly no where with zynga as the only response from them is that they have no record of ppl ever having the said missing items...... my question is....how can one be lvl 500+ and have NO items at all?...... and how is it that a facebook account is hacked yet all other games left untouched as well as the facebook acount itself? the more i talk to ppl the more I believe that it is zynga behind all of this, and the crooked nature of there entire business and history, has me inclined to believe that this is the act of zynga. Im wondering how many ppl know about this epidemic of account hackings and lack of response and support by zynga.

missy johnson on Aug 6, 3:10 AM said: 0 0 i sent my idea into zynga about making farmville a little better, i suggested they Flag as Offensive make it where you can build your own storage sheds, barns etc with tools. i also made a suggestion they be able to paint them different colors. i spent over 200 dollors on the different games. well needless to say i got my account taken away. they would not tell me why or give me a reason.

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« Anonymous cabbie... | Main | Gascon Calls Out the... » Welcome to the blog from the reporters and editors who tirelessly cover the issues of San Zynga guerilla marketing ploy gets legal response Francisco. By Audrey Cooper, John Coté, Kristen Go, Rachel 113 233 Gordon, Heather Knight, Marisa Lagos, Meredith May, C.W. Nevius, Jill Tucker, Read Bios He may not be Nick the "button man," but San Francisco City Attorney Dennis Herrera has Mafia Wars in his sights. advertisement | your ad here Herrera's office sent a letter Thursday to Znyga Game Network threatening a lawsuit over a guerrilla marketing campaign the San Francisco-based gaming company is apparently using to drum up interest in the latest version of its Mafia Wars online game. It seems that dozens of fake $25,000 bills have been glued to the sidewalk in five locations in Hayes Valley, and the Department of Public Works is sick and tired of cleaning them up. A steam cleaner has to be brought in to do the work, and it takes about 45 minutes in each location, plus DPW administrative time, DPW officials said. Some of the offending bills. "We don't have any staff to spare," DPW spokeswoman Christine Falvey said. The total cleanup costs are still being tabulated. RECENT ENTRIES Muni service restorations: a bumpy ride Each bill has the website address "mafiawarslv.com," which links to the Las Vegas version of game. Like it or not, Newsom takes backseat The grand prize in a drawing for visiting the site is $25,000. Gascon Calls Out the City for Lack of Concern Over Shooting The company also blew up an armored car in the desert to commemorate the Vegas game, saying: Zynga guerilla marketing ploy gets legal response Anonymous cabbie honored at old-time SF watering Yeah, you read that right. We're taking a 4 1/2 ton armored truck into the Nevada desert, filling it hole with dynamite and then kaboom! Rec & Park Commission chooses out-of-state vendor We're not sure if that's kosher with authorities in Nevada, but the fake bills are definitely not cool for Stow Lake boathouse It's a lean, mean, weed-fighting machine. with Herrera. Neighborhood groups sue over waterfront plan The city wants Zynga to turn over all its information about the guerrilla marketing campaign, asking Newsom calls for dancing in the streets for "emails, work orders, scope of work, contracts, marketing plans or other records -- that show Jelly's nightclub will fight eviction notice, points to poop as cause when and where the graffiti in San Francisco was placed, and by whom," Deputy City Attorney Alex More » Tse wrote to the company. The city also wants Zynga to offer "a proposal to fully resolve the issue." Just paying for the cleanup CATEGORIES won't be enough, officials said. Art (16) Being green (67) "The City Attorney takes violations such as these very seriously and intends to pursue every Board of Supervisors (329) available cause of action aggressively against Zynga for these illegal marketing tactics," Tse wrote. Budget crisis (172) Campaign finances (10) City Attorney Dennis Herrera (28) Posted By: John Coté (Email) | August 20 2010 at 09:00 AM City icons (38) Listed Under: City Attorney Dennis Herrera Crime (95) DA Kamala Harris (13) Share | Email Development (46) education (2) « Anonymous cabbie... | Main | Gascon Calls Out the... » Film (4) Health programs (57) (128) Homeless issues (16) Housing (38) Add Your Comment Sort comments by: If you build it, they will come (94) Immigration (8) In the classroom (87) Landmarks (7)

1 of 3 8/23/2010 1:15 PM Zynga guerilla marketing ploy gets legal response : City Insider http://www.sfgate.com/cgi-bin/blogs/cityinsider/detail?entry_id=70526&...

sillyvalley 9:31 AM on August 20, 2010 Libraries (21) What's to discuss? Just send them the bill. Living here (241) Mayor Gavin Newsom (335) REPLY POPULARITY: 221 | | [Report Abuse] (230) (9) Movers and shakers (84) 9 replies November campaigns (94) Presidio (8) Name withheld 9:32 AM on August 20, 2010 Protest of the day (27) Ranking SF (22) This comment has violated our Terms and Conditions, and has been removed. Rec and Parks (91) Sanctuary city (23) See you in court (70) SF Zoo (3) jetgirl 9:34 AM on August 20, 2010 The Arts (1) I kind of liked it...money trees! The Road to Sacramento (18) REPLY (5) (70) POPULARITY: -65 | | [Report Abuse] Transit, traffic and just getting around (233)

1 reply ARCHIVES joe_friday 9:34 AM on August 20, 2010 « AUGUST 2010 Good thing they didn't pull this in Boston. SUN MON TUE WED THU FRI SAT 12 34 567 REPLY (44) (7) POPULARITY: 37 | | [Report Abuse] 8 9 10 11 12 13 14 4 replies 15 16 17 18 19 20 21 22 23 24 25 26 27 28 cronmunist 9:35 AM on August 20, 2010 29 30 31 Yeah this seems like a no brainer. if anyone has the bucks to clean up the situation, it's a gaming company, and if they opt to clean it up themselves, they can just hire some guys for $12/hr vs. the city paying identically skilled workers $100/hr.

REPLY (100) (21) POPULARITY: 79 | | [Report Abuse]

7 replies

trer 9:36 AM on August 20, 2010 No wonder the City is unhappy. Now they have to actually get off their bums and do some work!

REPLY (35) (91) POPULARITY: -56 | | [Report Abuse] 2 replies

JuiceWeasel 9:38 AM on August 20, 2010 Why doesnt the human feces on SF's sidewalks get the same cleaning treatment as these fake bills?

REPLY (165) (20) POPULARITY: 145 | | [Report Abuse] Home News Sports Business [return to top] 11 replies Entertainment Food Living Travel Columns Buy & Sell Jobs Real Estate Cars Site Index

bearsandgiants 9:38 AM on August 20, 2010 i'm tired of picking up homeless poop and scraping graffiti off the walls. where do i send the bill?

REPLY (93) (14) POPULARITY: 79 | | [Report Abuse]

4 replies

joescales 9:39 AM on August 20, 2010 ...and then they get more publicity when they get the bill. (probably cheaper than putting an ad in the paper)

REPLY (28) (2) POPULARITY: 26 | | [Report Abuse]

jellybean3 9:40 AM on August 20, 2010 Charge them with littering. One count for every bill x a $500 fine. It would easily cure the city's budget woes.

REPLY (111) (9) POPULARITY: 102 | | [Report Abuse]

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2 of 3 8/23/2010 1:15 PM Zynga guerilla marketing ploy gets legal response : City Insider http://www.sfgate.com/cgi-bin/blogs/cityinsider/detail?entry_id=70526&...

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3 of 3 8/23/2010 1:15 PM EXHIBIT C 7-Eleven Promotion FAQs

English CONNECTING THE WORLD THROUGH games forums support suggestions GAMES Get Answers 7-Eleven Promotion FAQs Email Us Updated 07/01/2010 05:22 PM Answers in 24-48 hrs Email us with your questions

Click on the images to visit the promotion's official website: Search Answers Immediate Solution!

7-Eleven has teamed up with your favorite Zynga games to offer exclusive gifts with purchase for players of FarmVille, Mafia Wars and YoVille.

Select from the links below for more information:

CLICK HERE! The Basics of the 7-Eleven Promo CLICK HERE! How to get my UBER gift

CLICK HERE! What are In-Game Tasks CLICK HERE! 7-Eleven Zynga Game Ca

CLICK HERE! Gift List CLICK HERE! Who do I contact?

THE BASICS

How do I play?

1. Purchase specially marked products and Zynga Game Cards at your local 7-Eleven store. Click Store Locator to find a store near you! Zynga Game Cards must be purchased at 7-Eleven to qualify.

2. Go to BuyEarnPlay.com; you can click HERE to register and log in with Facebook Connect.

3. Redeem your purchased product's code by entering it in the top right-hand corner:

http://zynga.custhelp.com/app/answers/detail/a_id/1529/~/7-eleven-promotion-faqs[8/19/2010 2:23:04 PM] 7-Eleven Promotion FAQs

Your virtual gifts will be available within the applicable Zynga game.

What do I get?

Every product earns you something different. Click on Get Complete Gift List to check out the complete list of Zynga gifts.

How much do I get?

That's the spirit! Daily redemption is limited to 10 total gifts per day, and 3 gifts per product type.

Can I print a shopping list of all products and gifts involved in the promotion?

Yes. Click on Get Complete Gift List to view and print a list of the participating products and associated gifts.

How do I know how many codes I have redeemed?

Once you are logged into http://www.BuyEarnPlay.com you can click on the Gift Tracker tab and view the products you have purchased, the codes you have redeemed and the virtual gifts you have collected.

When do my codes expire?

Codes can be redeemed from 5/21/10 to 12/31/10 at 11:59:59 PM, ET. For US residents, Slurpee codes can only be redeemed from 6/1/10-7/15/10 at 11:59:59 PM, ET. For both US and Canada residents, Zynga Game Cards can only be redeemed under the Buy.Earn.Play. promotion from 6/1/10-7/15/10 at 11:59:59 PM, ET.

Where do I find codes on the products?

Codes are found on a sticker on the outer packaging of most products. On 7-Select Water and Orange Soda, codes are found under the cap.

What if the product I want is out of inventory at my local 7-Eleven store?

Please visit another 7-Eleven store in your area. To find a store near you, click Store Locator.

How long does the gift with purchase promotion last?

The gift with purchase promotion runs from 5/21/10 to 12/31/10 at 11:59:59 PM, ET. You can purchase products with codes in store beginning on 6/1/10 while supplies last. For US residents, Slurpee codes can only be redeemed from 6/1/10-7/15/10 at 11:59:59 PM, ET. For both US and Canada residents, Zynga Game Cards can only be redeemed under the Buy.Earn.Play promotion from 6/1/10-7/15/10 at 11:59:59 PM, ET.

http://zynga.custhelp.com/app/answers/detail/a_id/1529/~/7-eleven-promotion-faqs[8/19/2010 2:23:04 PM] 7-Eleven Promotion FAQs

ÜBER GIFTS

What are ÜBER GIFTS?

There are three ÜBER Gifts that, when unlocked upon completing the requirements, can be used in the following Zynga Games: FarmVille, Mafia Wars and YoVille: · FarmVille: 200 FarmVille cash · YoVille: A virtual Slurpee machine · Mafia Wars: 50 Skill points

The right combination of credits will earn you the 3 ÜBER gifts: 200 Farm Cash in FarmVille, 50 skill points in Mafia Wars and your own Slurpee machine for your YoVille house.

NOTE: Zynga virtual gifts and ÜBER Gifts are virtual items that exist in-game only; they have no cash value, may not be redeemed for cash and are subject to all Zynga terms and conditions. · How do I unlock the ÜBER Gifts?

To earn your UBER Gift, you must have 9 green stamps:

How do I get the stamps?

You’ll need to redeem 5 to 8 Buy.Earn.Play. credits as well as complete 1 to 3 Zynga tasks to earn a total of 9 green stamps on your virtual punch-card. Each 7-Eleven product is worth 1 Buy.Earn.Play credit, while a Zynga game card is worth 2 credits. In-game tasks earn you one credit. After acquiring 9 stamps, you’ll unlock all 3 incredible ÜBER gifts at once. Don’t forget to keep track of your progress in the Gift Tracker tab at BuyEarnPlay.com.

What are the different ways that I can get an Uber gift?

The right combination of credits (9 green stamps) will earn you the 3 ÜBER gifts: 200 Farm Cash in FarmVille, 50 Skill Points in Mafia Wars and your own Slurpee machine for your YoVille house. Here's how:

* Purchase specially marked items and redeem their unique codes on BuyEarnPlay.com

* Use a Zynga Game Card that was purchased at a 7-Eleven (each 7-Eleven Zynga game card will grant you two green stamps on the virtual punch card).

* Complete the Zynga in-game task

For example: Slurpee + Big Gulp + Ice Cream + Bottled Water + Hot Coffee + Chips + Grill Item + Orange Soda + Complete One Zynga Task = 9 green stampes = All 3 Uber gifts!

http://zynga.custhelp.com/app/answers/detail/a_id/1529/~/7-eleven-promotion-faqs[8/19/2010 2:23:04 PM] 7-Eleven Promotion FAQs

ZYNGA IN-GAME TASKS

What is a Zynga in-game task?

By completing the requirements for a Zynga in-game task within FarmVille, Mafia Wars or YoVille, you get specified in-game bonuses that may include a bonus virtual item, and earn a credit towards the 3 ÜBER gifts. Each in-game task can only be completed once for credit towards the ÜBER gifts.

How do I complete an in-game Zynga task?

In order to complete an in-game Zynga task, you must satisfy the following task requirements:

FarmVille:

Upon initial redemption of specially marked products for FarmVille, users unlock a limited edition Goji berry crop. Users must plant and harvest enough Goji berry crops to achieve level 3 crop mastery. Once users achieve level 3 crop mastery they will have satisfied the Zynga in-game task for FarmVille.

Mafia Wars:

Upon initial redemption of specially marked products for Mafia Wars, users unlock the Corner Store Collection of virtual items. Users will need to complete a total of 41 jobs and win 10 fights in order to unlock all items in the Corner Store Collection and receive a Limited Edition bonus gift. Upon completing the Corner Store Collection users will have satisfied the Zynga in-game task for Mafia Wars.

YoVille:

After redeeming codes from 7 products specially marked for YoVille, users will receive a Limited Edition bonus gift and will have satisfied the Zynga in-game task for YoVille.

ZYNGA GAME CARDS

How many points are Zynga Game Cards worth?

Zynga Game Cards are worth 2 points towards the 9 needed to win the Uber gifts.

Where can I find Zynga Game Cards?

Zynga Game Cards for FarmVille, Mafia Wars and YoVille can be purchased at 7-Eleven stores. Click Store Locator to find a 7-11 near you!

How can I learn more about playing FarmVille, Mafia Wars, and YoVille?

Click on the following links to learn more about how to play your favorite Zynga games:

Zynga's Official Website

FarmVille.com

MafiaWars.com

YoVille.com

ERROR MESSAGES

I received an error message or an invalid code message when I entered a code. What does this mean?

If you received an error message, the code may have been entered incorrectly or may be invalid. Try entering the code again. If you continue to receive an error message, please contact BuyEarnPlay.com; you can click HERE to submit a ticket.

Hint: Be sure to include the dashes! The dashes are part of the code and leaving them out can

http://zynga.custhelp.com/app/answers/detail/a_id/1529/~/7-eleven-promotion-faqs[8/19/2010 2:23:04 PM] 7-Eleven Promotion FAQs

cause your code to fail. It is important to enter your code exactly as it appears.

I purchased a participating 7-Eleven product at 7-Eleven, but there wasn't a code on the package. What do I do?

If you purchased a participating product at 7-Eleven and there wasn't a code on the package, please contact BuyEarnPlay.com; you can click HERE to submit a ticket.

I entered the code and received the wrong virtual gift. What do I do?

Please contact BuyEarnPlay.com; you can click HERE to submit a ticket.

REQUIREMENTS

Can I redeem codes if I live outside of the United States or Canada?

No. Buy.Earn.Play is only open to legal residents of the 50 United States, the District of Columbia and Canada (excluding Puerto Rico and Quebec).

I live in Canada. Can I redeem codes at BuyEarnPlay.com?

Yes. If you live in Canada, you may redeem your codes at http://www.buyearnplay.com.

How old do you have to be to play Buy.Earn.Play.?

You must be 13 years old or older.

PARTICIPATING 7-ELEVEN PRODUCTS AND GIFT CARD REWARDS

7-ELEVEN PRODUCT IN-GAME VIRTUAL GIFT WITH PURCHASE

Slurpee FarmVille Fun Slide

Slurpee Mafia Wars Showman (Weapon)

Slurpee YoVille Wall Freezer

Sandwich FarmVille Sandwich Cart

Cut Fruit FarmVille Chocolate Persimmon

Coffee (Large only) Mafia Wars Lone Wolf (Weapon)

Iced Coffee (Large only) FarmVille Coffee Cart

Large Pizza, Pizza Slice, Wings, Big Bite Products, Mafia Wars Sleek Bullet Proof Vest (Armor) Chicken Tenders, Breakfast Quesadilla

Hash Brown, Taquito, Burrito Roller, Potato Wedges Mafia Wars Pepper Shaker (Weapon)

7-Select Candy YoVille Candy Stand

7-Select Chips Mafia Wars Palermo Prowler (Vehicle)

7-Select Orange Soda YoVille Soda Machine

7-Select Packaged Donuts YoVille Donut Display

7-Select Vanilla Ice Cream FarmVille Neapolitan Cow

7-Select Water FarmVille Water Tower

Big Gulp FarmVille Big Splash

Big Gulp Mafia Wars Trio Diva (Vehicle)

Big Gulp YoVille Hamburger Stand

http://zynga.custhelp.com/app/answers/detail/a_id/1529/~/7-eleven-promotion-faqs[8/19/2010 2:23:04 PM] 7-Eleven Promotion FAQs

7-Select Brownie YoVille Coffee Machine

7-ELEVEN ZYNGA GAME CARDS IN-GAME VIRTUAL GIFT WITH PU

FarmVille Zynga Game Card FarmVille 10 Fuel Tanks

Mafia Wars Zynga Game Card Mafia Wars Combat Helmet (Armor)

YoVille Zynga Game Card YoVille Nacho Machine

Was this answer helpful?

Answers others found helpful The Basics of the 7- Eleven Promotion 7-Eleven Promo: How to use the 7-Eleven Zynga Game Cards 7-Eleven Promo: How to get my UBER Gift 7-Eleven Promo: Who do I contact? 7-Eleven Promo: Gift list

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http://zynga.custhelp.com/app/answers/detail/a_id/1529/~/7-eleven-promotion-faqs[8/19/2010 2:23:04 PM] Zynga, 7-Eleven to promote Facebook games in stores | VentureBeat

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Zynga, 7-Eleven to promote Facebook games in stores May 23, 2010 | Dean Takahashi 7 Comments

Social gaming firm Zynga is moving from the virtual storefront to the real one in a broad partnership deal today with the 7-Eleven convenience store chain.

This summer, 7-Eleven will offer exclusive virtual gift products for Zynga’s FarmVille, Mafia Wars and YoVille social games on Facebook. The deal shows that Zynga is going after the mass market by teaming up with a retailer that is popular among young people. Nearly 7,000 stores will participate in the promotion, which is Zynga’s first major tie-up with a physical retailer.

It’s a sign of the growing maturity of social games and their reach into the mass market. Zynga hasn’t been viewed as a traditional video game company, especially by hardcore game companies. But this move shows that it is beginning to think big, just as companies such as Electronic Arts. EA stages big promotions for its EA Sports games in the name of making them ubiquitous. Here, Zynga is doing the same, though its audience is arguably much more mass market and casual.

Under the promotion, millions of consumers will be able to redeem exclusive virtual items with Zynga games during a campaign that runs for six weeks starting June 1. For instance, you can buy a real Big Gulp from 7-Eleven and get a virtual version as well. 7- Eleven will advertise the promotion across satellite TV, local radio, VB Writers print and outdoor venues. Matt Marshall Editor-in-Chief Consumers will be able to purchase specially marked products to receive a redemption code that can be used for a new, limited-edition virtual good in one of three Zynga games. That helps draw attention and traffic to Zynga’s games. Gamers can play those games for free on Owen Thomas Executive Editor Facebook, but if they want to buy a virtual good within the games, they have to pay real money for virtual currency. When that happens, Zynga makes money. Dean Takahashi Lead Writer, Consumers can earn gifts by buying certain items GamesBeat and participating in at least one activity inside a game, such as mastering the growth of a crop Anthony Ha FarmVille. If you do the activity, you can earn $200 in Assistant Editor, FarmVille virtual cash. Rita Bargerhuff, chief VentureBeat marketing officer at 7-Eleven, said it is one of the

most unique campaigns in the chain’s history as it Camille Ricketts gives more than 30 product incentives to Zynga’s 239 Lead Writer, million monthly active users. GreenBeat

“Through our promotion with 7-Eleven, we are Devindra Hardawar expanding our reach and making our games more Writer, VentureBeat accessible to consumers,” said Vish Makhijani, senior vice president of business operations at Zynga. Matthaus Krzykowski The promotion runs through July 15 or while supplies Mobile Consultant & and codes last. Coordinator

http://games.venturebeat.com/2010/05/23/zynga-cuts-a-big-deal-with-7-eleven-to-promote-its-facebook-games-in-stores/[8/19/2010 2:23:45 PM] Zynga, 7-Eleven to promote Facebook games in stores | VentureBeat

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EMPLOYEES: 712 RELATED COMPANIES: MyTopia, Xoost.com, Zoosk, Moofaces, FriendFeedMachine, Sometrics, TAGS: platform, game, network, Bebo, casual Swindlr, Friendster, Kaixin001, FamilyBuilder gaming, Facebook, social network, social, internet, Recent News myspace, Fun, Farmville AUG 18, 2010 Financials Why e-commerce IPOs will soon be the LATEST FUNDING: Other - $100M (06/2010) smarter buy AUG 18, 2010 INVESTORS: Google Facebook's Publicly Available Data: A Big Strategic Risk 1 2 3 4 5 6 AUG 18, 2010 Membase, The Database Powering Farmville AUG 18, 2010 Join the Conversation Zynga woos Asia with poker game in view the full series » Chinese AUG 18, 2010 Craig Sherman: Fail fast and test often

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Impulse Magazine 2 months ago

This is a huge deal for them because the target audience that they are trying to reach will be over whelming

Like Reply

sd card 2 months ago

Consumers can win prizes by purchasing certain items and participate in at least one activity in a game that control the growth of a culture Farmville. If you do the activity, you can earn $ 200 in virtual money Farmville.

Like Reply

smithmaria61 2 months ago

Consumers will be able to purchase specially marked products to receive a redemption code that can be used for a new, limited-edition virtual good in one of three Zynga hin Fit games. ipad

Like Reply

Keith Katz 2 months ago

All the other gaming companies counting on sales of their existing prepaid cards in 7-Eleven must be pulling their hair out over this...

Like Reply

Rosemaryconnor 2 months ago

If they dont come out till June 1st then why did I see a yoville player with items from that offer already?? She had two refreshment coolers like a 7 11 a slushy machine and a hot dog machien. Oh also a gallon of milk and carton of juice both were as one. I would have never have known about this site till I asked her about where she got them cool items.Looks like it will be fun!

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Alexia Anast 2 months ago

Everybody just needs more and more publicity these days, huh? Lol myspace.com/beautifulheroine <3 twitter.com/YerAngelOfMusic

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anthony morrison 2 months ago

Well....I don't think it is nice move. Face book games like farm-ville and restaurant city are too boring from my point of view. And i think it just seems like marketing strategy as Alexia Anast.

anthony morrison

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787toasted 1 month ago

From Twitter via BackType

Zynga, 7-Eleven to promote Facebook games in stores | VentureBeat: http://bit.ly/cPUpIo via @addthis

mtom392 2 months ago

From Twitter via BackType

Farmville in 7-Eleven. I'm loving it Zynga! http://tiny.cc/qpakh

melissaparlier 2 months ago

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Seriously?... RT @maryegilmore #FarmVille fans: buy a 7-Eleven Slurpee, Gain FarmVille points: http://tinyurl.com/26hvr9c

rzchen 2 months ago

From Twitter via BackType

Actually heard this on the radio today - virtual/real world collides: Zynga, 7-Eleven to promote FB games in stores http://bit.ly/9dVpax

amitfulay 2 months ago

From Twitter via BackType

Zynga, 7-Eleven tie up for game promotions: http://bit.ly/bHZKz8

maru2day 2 months ago

From Twitter via BackType

Zynga, 7-Eleven to promote #Facebook games in stores | VentureBeat http://bit.ly/aR5MTH #Farmville

jackja 2 months ago

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Anyone fancy some Farmville-flavoured ice cream? http://is.gd/cpYX2

nadyajahan 2 months ago

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RT @VentureBeat Zynga, 7-Eleven to promote Facebook games in stores http://bit.ly/9dVpax

costamike 2 months ago

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Zynga cuts a big deal with 7-Eleven to promote its FB games offering virtual goods with retail's products http://ht.ly/1P2rO

LocalBunnyDemo 2 months ago

From Twitter via BackType

@LBdemo1 You're fired!!! Of course games are awesome. A bazillion people play games everyday. Go study up here... http://bit.ly/bx2ORx

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http://games.venturebeat.com/2010/05/23/zynga-cuts-a-big-deal-with-7-eleven-to-promote-its-facebook-games-in-stores/[8/19/2010 2:23:45 PM] EXHIBIT D

EXHIBIT E

EXHIBIT F Case3:09-cv-02748-EMC Document1 Filed06/19/09 Page1 of 12 Case3:09-cv-02748-EMC Document1 Filed06/19/09 Page2 of 12 Case3:09-cv-02748-EMC Document1 Filed06/19/09 Page3 of 12 Case3:09-cv-02748-EMC Document1 Filed06/19/09 Page4 of 12 Case3:09-cv-02748-EMC Document1 Filed06/19/09 Page5 of 12 Case3:09-cv-02748-EMC Document1 Filed06/19/09 Page6 of 12 Case3:09-cv-02748-EMC Document1 Filed06/19/09 Page7 of 12 Case3:09-cv-02748-EMC Document1 Filed06/19/09 Page8 of 12 Case3:09-cv-02748-EMC Document1 Filed06/19/09 Page9 of 12 Case3:09-cv-02748-EMC Document1 Filed06/19/09 Page10 of 12 Case3:09-cv-02748-EMC Document1 Filed06/19/09 Page11 of 12 Case3:09-cv-02748-EMC Document1 Filed06/19/09 Page12 of 12 EXHIBIT G Latest Status Info Page 1 of 4

Thank you for your request. Here are the latest results from the TARR web server.

This page was generated by the TARR system on 2010-08-19 17:35:27 ET

Serial Number: 77772110 Assignment Information Trademark Document Retrieval

Registration Number: (NOT AVAILABLE)

Mark

(words only): MAFIA WARS

Standard Character claim: No

Current Status: An office action suspending further action on the application has been mailed.

Date of Status: 2010-03-17

Filing Date: 2009-07-01

Filed as TEAS Plus Application: Yes

Currently TEAS Plus Application: Yes

Transformed into a National Application: No

Registration Date: (DATE NOT AVAILABLE)

Law Office Assigned: LAW OFFICE 112

Attorney Assigned: PATE TARA J

Current Location: M3X -TMO Law Office 112 - Examining Attorney Assigned

Date In Location: 2010-03-17

LAST APPLICANT(S)/OWNER(S) OF RECORD

1. Zynga Game Network Inc.

http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77772110 8/19/2010 Latest Status Info Page 2 of 4

Address: Zynga Game Network Inc. 365 Vermont Street San Francisco, NY 94103 United States Legal Entity Type: Corporation State or Country of Incorporation: Delaware Phone Number: 212-554-7625 Fax Number: 212-377-6032

GOODS AND/OR SERVICES

International Class: 009 Class Status: Active Downloadable computer game software for use on wireless devices and computers Basis: 1(a) First Use Date: 2009-04-08 First Use in Commerce Date: 2009-04-08

International Class: 041 Class Status: Active Entertainment services, namely, providing on-line computer games Basis: 1(a) First Use Date: 2008-09-08 First Use in Commerce Date: 2008-09-08

ADDITIONAL INFORMATION

Color(s) Claimed: Color is not claimed as a feature of the mark.

Description of Mark: The mark consists of the words "MAFIA WARS" with shading around the edges to suggest a raised surface.

MADRID PROTOCOL INFORMATION

USPTO Reference Number: A0018257 International Registration Number: 1030602 International Registration Date: 2010-01-04 Original Filing Date with USPTO: 2010-01-04 International Registration Status: Application For IR Registered By IB Date of International Registration Status: 2010-03-18 International Registration Renewal Date: 2020-01-04 Irregularity Reply by Date: (DATE NOT AVAILABLE)

Madrid History: 03-18-2010 - 12:55:08 - Application For IR Registered By IB 01-05-2010 - 21:01:38 - IR Certified And Sent To IB 01-05-2010 - 08:25:19 - Manually Certified

http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77772110 8/19/2010 Latest Status Info Page 3 of 4

01-04-2010 - 08:47:22 - New Application For IR Received

PROSECUTION HISTORY

NOTE: To view any document referenced below, click on the link to "Trademark Document Retrieval" shown near the top of this page.

2010-03-17 - Notification Of Letter Of Suspension E-Mailed

2010-03-17 - LETTER OF SUSPENSION E-MAILED

2010-03-17 - Suspension Letter Written

2010-03-17 - Examiner's Amendment Entered

2010-03-17 - Notification Of Examiners Amendment E-Mailed

2010-03-17 - EXAMINERS AMENDMENT E-MAILED

2010-03-17 - Examiners Amendment -Written

2010-02-23 - Teas/Email Correspondence Entered

2010-02-22 - Communication received from applicant

2010-02-22 - TEAS Response to Office Action Received

2009-10-30 - Notification Of Notice Of Unresponsive Amendment - E-Mailed

2009-10-30 - Notice of unresponsive amendment e-mailed

2009-10-30 - Report Unresponsive Amendment - Completed

2009-09-29 - Teas/Email Correspondence Entered

2009-09-29 - Communication received from applicant

2009-09-29 - TEAS Response to Office Action Received

2009-09-22 - Attorney Revoked And/Or Appointed

2009-09-22 - TEAS Revoke/Appoint Attorney Received

2009-08-25 - Notification Of Non-Final Action E-Mailed

2009-08-25 - Non-final action e-mailed

2009-08-25 - Non-Final Action Written

2009-08-17 - Assigned To Examiner

http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77772110 8/19/2010 Latest Status Info Page 4 of 4

2009-07-06 - New Application Office Supplied Data Entered In Tram

2009-07-04 - New Application Entered In Tram

ATTORNEY/CORRESPONDENT INFORMATION

Attorney of Record John M. Kim

Correspondent John M. Kim IP Legal Advisors, PC Suite 230 1940 Garnet Avenue San Diego CA 92109 Phone Number: 858-272-0220 Fax Number: 858-272-0221

http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77772110 8/19/2010 EXHIBIT H PTO Form 1478 (Rev 9/2006) OMB No. 0651-0009 (Exp 12/31/2011) Trademark/Service Mark Application, Principal Register TEAS Plus Application

Serial Number: 77772110 Filing Date: 07/01/2009

NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory under the facts of the particular application.

The table below presents the data as entered. Input Field Entered TEAS Plus YES MARK INFORMATION \\TICRS\EXPORT8\IMAGEOUT8 \777\721\77772110\xml4\FT *MARK K0002.JPG *SPECIAL FORM YES

USPTO-GENERATED IMAGE NO

LITERAL ELEMENT Mafia Wars *COLOR MARK NO

*COLOR(S) CLAIMED (If applicable)

*DESCRIPTION OF The mark consists of The words Mafia Wars in black, with white shading to THE MARK (and Color Location, if suggest a raised metallic shiny surface of the black letters, with grey applicable) outlining to each letter.

PIXEL COUNT ACCEPTABLE NO

PIXEL COUNT 1125 x 450 REGISTER Principal APPLICANT INFORMATION *OWNER OF MARK Zynga Game Network Inc. *STREET 365 Vermont Street *CITY San Francisco

*STATE (Required for U.S. New York applicants)

*COUNTRY United States

*ZIP/POSTAL CODE (Required for U.S. 94103 applicants only)

PHONE 212-554-7625 FAX 212-377-6032 EMAIL ADDRESS [email protected] LEGAL ENTITY INFORMATION *TYPE CORPORATION

* STATE/COUNTRY OF Delaware INCORPORATION GOODS AND/OR SERVICES AND BASIS INFORMATION

*INTERNATIONAL CLASS 009 Downloadable computer software for use on wireless devices and IDENTIFICATION computers *FILING BASIS SECTION 1(a)

FIRST USE ANYWHERE DATE At least as early as 04/08/2009

FIRST USE IN COMMERCE DATE At least as early as 04/08/2009

SPECIMEN FILE NAME(S)

ORIGINAL PDF spec-3810820110-112339425_._Zynga.Inc_-_Game_- FILE _Mafia_Wars_iPhone.pdf

CONVERTED PDF FILE(S) \\TICRS\EXPORT8\IMAGEOUT8\777\721\77772110\xml4\FTK0003.JPG (1 page)

SPECIMEN DESCRIPTION screenshot of downloadable computer game.

*INTERNATIONAL CLASS 041

IDENTIFICATION Entertainment services, namely, providing on-line computer games *FILING BASIS SECTION 1(a)

FIRST USE ANYWHERE DATE At least as early as 09/08/2008

FIRST USE IN COMMERCE DATE At least as early as 09/08/2008

SPECIMEN FILE NAME(S)

ORIGINAL PDF FILE spec-3810820110-112339425_._Zynga_Mafia_Wars_on_Facebook.pdf

CONVERTED PDF FILE(S) \\TICRS\EXPORT8\IMAGEOUT8\777\721\77772110\xml4\FTK0004.JPG (2 pages)

\\TICRS\EXPORT8\IMAGEOUT8\777\721\77772110\xml4\FTK0005.JPG

SPECIMEN DESCRIPTION Screenshot of computer game. ADDITIONAL STATEMENTS SECTION

*TRANSLATION (if applicable)

* TRANSLITERATION (if applicable)

*CLAIMED PRIOR REGISTRATION (if applicable)

*CONSENT (NAME/LIKENESS) (if applicable)

*CONCURRENT USE CLAIM (if applicable) ATTORNEY INFORMATION

NAME Martin Schwimmer

FIRM NAME Moses & Singer LLP

STREET 405 Lexington Avenue

CITY New York

STATE New York COUNTRY United States

ZIP/POSTAL CODE 10174

PHONE 212 554 7625

FAX 212-377-6032

EMAIL ADDRESS [email protected]

AUTHORIZED TO COMMUNICATE VIA Yes EMAIL CORRESPONDENCE INFORMATION

*NAME Martin Schwimmer FIRM NAME Moses & Singer LLP

*STREET 405 Lexington Avenue

*CITY New York

*STATE (Required for U.S. New York applicants)

*COUNTRY United States

*ZIP/POSTAL CODE 10174

PHONE 212 554 7625

FAX 212-377-6032 *EMAIL ADDRESS [email protected]

*AUTHORIZED TO COMMUNICATE VIA Yes EMAIL FEE INFORMATION

NUMBER OF CLASSES 2

FEE PER CLASS 275 *TOTAL FEE PAID 550 SIGNATURE INFORMATION

* SIGNATURE /mschwimmer/

* SIGNATORY'S Martin Schwimmer NAME

* SIGNATORY'S Attorney, NY bar member POSITION

* DATE SIGNED 07/01/2009

PTO Form 1478 (Rev 9/2006) OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 77772110 Filing Date: 07/01/2009 To the Commissioner for Trademarks:

MARK: Mafia Wars (stylized and/or with design, see mark)

The literal element of the mark consists of Mafia Wars. The applicant is not claiming color as a feature of the mark. The mark consists of The words Mafia Wars in black, with white shading to suggest a raised metallic shiny surface of the black letters, with grey outlining to each letter. The applicant, Zynga Game Network Inc., a corporation of Delaware, having an address of 365 Vermont Street San Francisco, New York 94103 United States requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

For specific filing basis information for each item, you must view the display within the Input Table.

International Class 009: Downloadable computer software for use on wireless devices and computers

Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, or the applicant's predecessor in interest used the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

In International Class 009, the mark was first used at least as early as 04/08/2009, and first used in commerce at least as early as 04/08/2009, and is now in use in such commerce. The applicant is submitting one specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) screenshot of downloadable computer game..

Original PDF file: spec-3810820110-112339425_._Zynga.Inc_-_Game_-_Mafia_Wars_iPhone.pdf Converted PDF file(s) (1 page) Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.

International Class 041: Entertainment services, namely, providing on-line computer games

In International Class 041, the mark was first used at least as early as 09/08/2008, and first used in commerce at least as early as 09/08/2008, and is now in use in such commerce. The applicant is submitting one specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Screenshot of computer game..

Original PDF file: spec-3810820110-112339425_._Zynga_Mafia_Wars_on_Facebook.pdf Converted PDF file(s) (2 pages) Specimen File1 Specimen File2

The applicant hereby appoints Martin Schwimmer of Moses & Singer LLP 405 Lexington Avenue New York, New York 10174 United States to submit this application on behalf of the applicant.

Correspondence Information: Martin Schwimmer

405 Lexington Avenue New York, New York 10174 212 554 7625(phone) 212-377-6032(fax) [email protected] (authorized)

A fee payment in the amount of $550 has been submitted with the application, representing payment for 2 class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.

Signature: /mschwimmer/ Date Signed: 07/01/2009 Signatory's Name: Martin Schwimmer Signatory's Position: Attorney, NY bar member

RAM Sale Number: 9674 RAM Accounting Date: 07/01/2009

Serial Number: 77772110 Internet Transmission Date: Wed Jul 01 11:44:36 EDT 2009 TEAS Stamp: USPTO/FTK-38.108.201.10-2009070111443629 4739-77772110-4002359eccfbf7f439e83e6f35 31e8a7d-DA-9674-20090701112339425689

EXHIBIT I PTO Form 1957 (Rev 9/2005) OMB No. 0651-0050 (Exp. 04/30/2011) Response to Office Action

The table below presents the data as entered. Input Field Entered SERIAL NUMBER 77772110 LAW OFFICE LAW OFFICE 112 ASSIGNED MARK SECTION (no change) ARGUMENT(S) With regard to the Section 1,2, 3 and 45 refusal, applicant submits a substitute specimen of use in class 41 which depicts the mark depicted in the drawing, in commerce for the identified services.

With regard to Examiner's identification of prior pending aplication 77760348, applicant requests that this application be suspended.

As noted, applicant agrees to Examiner's suggested description of the mark, and suggested identification of goods in class 9,

EVIDENCE SECTION

EVIDENCE FILE NAME(S)

ORIGINAL PDF FILE evi_3810820110-094120945_._mafia_wars_class_41_subspecimen.pdf

CONVERTED PDF FILE(S) \\TICRS\EXPORT8\IMAGEOUT8\777\721\77772110\xml2\ROA0002.JPG (1 page) Specimen showing the mark as depcited in the drawing, in use with class 41 DESCRIPTION OF EVIDENCE FILE services. The specimen consists of the mark affixed to a webpage promoting applicant's services. GOODS AND/OR SERVICES SECTION (009)(current) INTERNATIONAL CLASS 009

DESCRIPTION Downloadable computer software for use on wireless devices and computers FILING BASIS Section 1(a)

FIRST USE At least as early as 04/08/2009 ANYWHERE DATE

FIRST USE IN At least as early as 04/08/2009 COMMERCE DATE GOODS AND/OR SERVICES SECTION (009)(proposed) INTERNATIONAL CLASS 009

TRACKED TEXT DESCRIPTION Downloadable computer software for use on wireless devices and computers; Downloadable computer game software for use on wireless devices and computers

FINAL DESCRIPTION Downloadable computer game software for use on wireless devices and computers FILING BASIS Section 1(a)

FIRST USE ANYWHERE DATE At least as early as 04/08/2009

FIRST USE IN COMMERCE DATE At least as early as 04/08/2009 GOODS AND/OR SERVICES SECTION (041)(current) INTERNATIONAL CLASS 041

DESCRIPTION Entertainment services, namely, providing on-line computer games FILING BASIS Section 1(a)

FIRST USE At least as early as 09/08/2008 ANYWHERE DATE

FIRST USE IN At least as early as 09/08/2008 COMMERCE DATE GOODS AND/OR SERVICES SECTION (041)(proposed) INTERNATIONAL CLASS 041

DESCRIPTION Entertainment services, namely, providing on-line computer games FILING BASIS Section 1(a)

FIRST USE ANYWHERE DATE At least as early as 09/08/2008 FIRST USE IN COMMERCE DATE At least as early as 09/08/2008 For an application based on 1(a), Use in Commerce, "The substitute STATEMENT TYPE specimen(s) was in use in commerce as of the filing date of the application."

SPECIMEN FILE NAME(S)

ORIGINAL PDF FILE SPU1-3810820110-094120945_._mafia_wars_class_41_subspecimen.pdf

CONVERTED PDF FILE(S) \\TICRS\EXPORT8\IMAGEOUT8\777\721\77772110\xml2\ROA0003.JPG (1 page)

SPECIMEN DESCRIPTION webpage bearing the mark promoting applicant's services. ADDITIONAL STATEMENTS SECTION

DESCRIPTION OF THE MARK The mark consists of the words "MAFIA WARS" with shading around the (and Color Location, if edges to suggest a raised surface. applicable) SIGNATURE SECTION

DECLARATION /mschwimmer/ SIGNATURE

SIGNATORY'S NAME Martin Schwimmer

SIGNATORY'S POSITION Attorney, NY Bar Member

DATE SIGNED 09/29/2009

RESPONSE SIGNATURE /mschwimmer/

SIGNATORY'S NAME Martin Schwimmer

SIGNATORY'S POSITION Attorney, NY Bar Member

DATE SIGNED 09/29/2009

AUTHORIZED YES SIGNATORY FILING INFORMATION SECTION

SUBMIT DATE Tue Sep 29 09:51:07 EDT 2009 USPTO/ROA-38.108.201.10-2 0090929095107561197-77772 TEAS STAMP 110-46077576eb5fb8e761d7a 8aff92b1cc90dd-N/A-N/A-20 090929094120945153 PTO Form 1957 (Rev 9/2005) OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action To the Commissioner for Trademarks:

Application serial no. 77772110 has been amended as follows:

ARGUMENT(S) In response to the substantive refusal(s), please note the following:

With regard to the Section 1,2, 3 and 45 refusal, applicant submits a substitute specimen of use in class 41 which depicts the mark depicted in the drawing, in commerce for the identified services.

With regard to Examiner's identification of prior pending aplication 77760348, applicant requests that this application be suspended.

As noted, applicant agrees to Examiner's suggested description of the mark, and suggested identification of goods in class 9,

EVIDENCE Evidence in the nature of Specimen showing the mark as depcited in the drawing, in use with class 41 services. The specimen consists of the mark affixed to a webpage promoting applicant's services. has been attached. Original PDF file: evi_3810820110-094120945_._mafia_wars_class_41_subspecimen.pdf Converted PDF file(s) (1 page) Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES Applicant proposes to amend the following class of goods/services in the application: Current: Class 009 for Downloadable computer software for use on wireless devices and computers Original Filing Basis: Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/08/2009 and first used in commerce at least as early as 04/08/2009, and is now in use in such commerce.

Proposed: Tracked Text Description: Downloadable computer software for use on wireless devices and computers; Downloadable computer game software for use on wireless devices and computersClass 009 for Downloadable computer game software for use on wireless devices and computers Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/08/2009 and first used in commerce at least as early as 04/08/2009, and is now in use in such commerce. Applicant proposes to amend the following class of goods/services in the application: Current: Class 041 for Entertainment services, namely, providing on-line computer games Original Filing Basis: Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/08/2008 and first used in commerce at least as early as 09/08/2008, and is now in use in such commerce.

Proposed: Class 041 for Entertainment services, namely, providing on-line computer games Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/08/2008 and first used in commerce at least as early as 09/08/2008, and is now in use in such commerce. Applicant hereby submits a new specimen for Class 041. The specimen(s) submitted consists of webpage bearing the mark promoting applicant's services.. For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application." Original PDF file: SPU1-3810820110-094120945_._mafia_wars_class_41_subspecimen.pdf Converted PDF file(s) (1 page) Specimen File1

ADDITIONAL STATEMENTS Description of mark The mark consists of the words "MAFIA WARS" with shading around the edges to suggest a raised surface.

SIGNATURE(S) Declaration Signature If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /mschwimmer/ Date: 09/29/2009 Signatory's Name: Martin Schwimmer Signatory's Position: Attorney, NY Bar Member

Response Signature Signature: /mschwimmer/ Date: 09/29/2009 Signatory's Name: Martin Schwimmer Signatory's Position: Attorney, NY Bar Member

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

Serial Number: 77772110 Internet Transmission Date: Tue Sep 29 09:51:07 EDT 2009 TEAS Stamp: USPTO/ROA-38.108.201.10-2009092909510756 1197-77772110-46077576eb5fb8e761d7a8aff9 2b1cc90dd-N/A-N/A-20090929094120945153

EXHIBIT J PTO Form 1957 (Rev 9/2005) OMB No. 0651-0050 (Exp. 04/30/2011) Response to Office Action

The table below presents the data as entered. Input Field Entered SERIAL NUMBER 77772110 LAW OFFICE LAW OFFICE 112 ASSIGNED MARK SECTION (no change) ARGUMENT(S) Applicant requests that its application be suspended pending the outcome of prior pending aplication 77760348. GOODS AND/OR SERVICES SECTION (009)(current) INTERNATIONAL CLASS 009

DESCRIPTION Downloadable computer game software for use on wireless devices and computers FILING BASIS Section 1(a)

FIRST USE At least as early as 04/08/2009 ANYWHERE DATE

FIRST USE IN At least as early as 04/08/2009 COMMERCE DATE GOODS AND/OR SERVICES SECTION (009)(proposed) INTERNATIONAL CLASS 009

DESCRIPTION Downloadable computer game software for use on wireless devices and computers FILING BASIS Section 1(a)

FIRST USE ANYWHERE DATE At least as early as 04/08/2009

FIRST USE IN COMMERCE DATE At least as early as 04/08/2009 GOODS AND/OR SERVICES SECTION (041)(current) INTERNATIONAL CLASS 041

DESCRIPTION Entertainment services, namely, providing on-line computer games FILING BASIS Section 1(a)

FIRST USE At least as early as 09/08/2008 ANYWHERE DATE

FIRST USE IN At least as early as 09/08/2008 COMMERCE DATE GOODS AND/OR SERVICES SECTION (041)(proposed) INTERNATIONAL CLASS 041

DESCRIPTION Entertainment services, namely, providing on-line computer games FILING BASIS Section 1(a)

FIRST USE ANYWHERE DATE At least as early as 09/08/2008

FIRST USE IN COMMERCE DATE At least as early as 09/08/2008 "The substitute (or new, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute STATEMENT TYPE (or new, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use].

SPECIMEN FILE NAME(S)

ORIGINAL PDF FILE SPU1-6752136138-213856920_._Specimen_for_ROA.pdf

CONVERTED PDF FILE(S) \\TICRS\EXPORT9\IMAGEOUT9\777\721\77772110\xml1\ROA0002.JPG (1 page)

SPECIMEN Website page displaying the subject mark in connection with the described DESCRIPTION services. SIGNATURE SECTION

DECLARATION /John M Kim/ SIGNATURE

SIGNATORY'S NAME John M. Kim

SIGNATORY'S POSITION Attorney of record, California bar member DATE SIGNED 02/22/2010

RESPONSE SIGNATURE /John M Kim/

SIGNATORY'S NAME John M. Kim

SIGNATORY'S POSITION Attorney of record, California bar member

DATE SIGNED 02/22/2010

AUTHORIZED YES SIGNATORY FILING INFORMATION SECTION

SUBMIT DATE Mon Feb 22 21:46:43 EST 2010 USPTO/ROA-67.52.136.138-2 0100222214643235645-77772 TEAS STAMP 110-4607494f18bbc8daab768 bf359ed92f99a0-N/A-N/A-20 100222213856920690

PTO Form 1957 (Rev 9/2005) OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action To the Commissioner for Trademarks:

Application serial no. 77772110 has been amended as follows:

ARGUMENT(S) In response to the substantive refusal(s), please note the following:

Applicant requests that its application be suspended pending the outcome of prior pending aplication 77760348.

CLASSIFICATION AND LISTING OF GOODS/SERVICES Applicant proposes to amend the following class of goods/services in the application: Current: Class 009 for Downloadable computer game software for use on wireless devices and computers Original Filing Basis: Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/08/2009 and first used in commerce at least as early as 04/08/2009, and is now in use in such commerce.

Proposed: Class 009 for Downloadable computer game software for use on wireless devices and computers Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/08/2009 and first used in commerce at least as early as 04/08/2009, and is now in use in such commerce. Applicant proposes to amend the following class of goods/services in the application: Current: Class 041 for Entertainment services, namely, providing on-line computer games Original Filing Basis: Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/08/2008 and first used in commerce at least as early as 09/08/2008, and is now in use in such commerce.

Proposed: Class 041 for Entertainment services, namely, providing on-line computer games Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/08/2008 and first used in commerce at least as early as 09/08/2008, and is now in use in such commerce. Applicant hereby submits a new specimen for Class 041. The specimen(s) submitted consists of Website page displaying the subject mark in connection with the described services.. "The substitute (or new, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. Original PDF file: SPU1-6752136138-213856920_._Specimen_for_ROA.pdf Converted PDF file(s) (1 page) Specimen File1

Signature: /John M Kim/ Date: 02/22/2010 Signatory's Name: John M. Kim Signatory's Position: Attorney of record, California bar member

Response Signature Signature: /John M Kim/ Date: 02/22/2010 Signatory's Name: John M. Kim Signatory's Position: Attorney of record, California bar member

Serial Number: 77772110 Internet Transmission Date: Mon Feb 22 21:46:43 EST 2010 TEAS Stamp: USPTO/ROA-67.52.136.138-2010022221464323 5645-77772110-4607494f18bbc8daab768bf359 ed92f99a0-N/A-N/A-20100222213856920690

EXHIBIT K IPDL Search Result http://www.wipo.int/cgi-mad/guest/ifetch5?ENG+MADRID-FULL.vdb+...

1 of 1

(151) 04.01.2010 1030602 (180) 04.01.2020 (171) 10 (732) Zynga Game Network Inc. 365 Vermont Street San Francisco CA 94103 (US) (812) US (842) CORPORATION Delaware, United States (740) John M. Kim, IP Legal Advisors, PC 1940 Garnet Avenue, Suite 230 San Diego, CA 92109 (US) (540)

(531) 27.05 (571) The mark consists of the words "MAFIA WARS" with shading around the edges to suggest a raised surface. Cette marque se compose des mots "MAFIA WARS", comportant des zones ombrées autour des bordures, de façon à produire l'effet d'une surface rehaussée. La marca consiste en la inscripción "MAFIA WARS" cuyas letras tienen un contorno sombreado para crear un efecto de relieve. (511) 09 Downloadable computer game software for use on wireless devices and computers. Ludiciels téléchargeables pour ordinateurs et dispositifs sans fil. Software descargable de juegos informáticos para dispositivos inalámbricos y ordenadores. 41 Entertainment services, namely providing on-line computer games. Services de divertissement, à savoir mise à disposition de jeux informatiques en ligne. Servicios de entretenimiento, a saber, facilitación de juegos informáticos en línea. (821) US, 01.07.2009, 77772110 (300) US, 01.07.2009, 77772110, ( 09, Downloadable computer game software for use on wireless devices and computers Ludiciels téléchargeables pour ordinateurs et dispositifs sans fil Software descargable de juegos informáticos para dispositivos inalámbricos y ordenadores ; 41, Entertainment services, namely, providing on-line computer games Services de divertissement, à savoir mise à disposition de jeux informatiques en ligne

1 of 2 8/19/2010 2:40 PM IPDL Search Result http://www.wipo.int/cgi-mad/guest/ifetch5?ENG+MADRID-FULL.vdb+...

Servicios de entretenimiento, a saber, facilitación de juegos informáticos en línea ) (832) AU, CN, JP, KR

2 of 2 8/19/2010 2:40 PM EXHIBIT L Intellectual Property Office - Results

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IPO Home IPO Home > Types of IP > Trade marks > Online TM Services > Find trade marks > By number > Results Types of IP Case details for Trade Mark 2535749 Patents Case history including, where available, licensee details Explanation of terms used on this page Trade marks Mark About trade marks

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By refused mark Mark text: Mafia Wars By mark text or image Status Trade mark decisions search Status: Advertised Trade Marks Journal Classes: Classification 09, 41

Classification information request Relevant dates

Managing your TMs Filing date: 04 January 2010 Other people's TMs

Designs Priority claims

Copyright Earliest priority date: 01 July 2009 Other protection Country: United States of America Patents Publication in Trade Marks Journal Trade marks First advert: Designs Journal: Copyright 6836 Publication date: Other protection 21 May 2010 Reviewed 8 September 2009

List of goods or services

Class 09: Downloadable computer game software for use on wireless devices and computers, computer game software, video games, online games, and game related applications; interactive video game programs; electronic games and game related applications; that may be accessed via the Internet, computers and wireless devices; computer software to enable uploading, posting, showing, displaying, tagging,

http://www.ipo.gov.uk/types/tm/t-os/t-find/t-find-number?detailsrequested=C&trademark=2535749[8/19/2010 2:43:01 PM] Intellectual Property Office - Results

blogging, sharing or otherwise proving electronic media or information regarding the fields of virtual communities, electronic gaming, entertainment and general interest via the Internet or other communications networks with third parties. Class 41: Entertainment services, namely, providing on-line computer games, enhancements for computer games, game applications, reviews of computer games, and information relating to computer games; providing an Internet website portal in the field of computer games, gaming and social networking; entertainment services, namely, providing social games and information regarding social networking via the Internet.

Names and addresses

Proprietor: Other cases owned by this proprietor Zynga Game Network, Inc 365 Vermont Street, San Francisco, California, 94103 Incorporated state: Delaware Incorporated country: United States of America Residence country: United States of America Customer's ref: EA.10038-00044.JAR ADP number: 0956039001 Service: Rouse & Co. International 11th Floor, Exchange Tower, 1 Harbour Exchange Square, London, E14 9GE ADP number: 0782031001

Earlier rights notification

Opted in for notifications Notifications sent on 19 May 2010 to: 2341315

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Disclaimer Crown Copyright Freedom of Information Cymraeg Site Map Accessibility Intellectual Property Office is an operating name of the Patent Office

http://www.ipo.gov.uk/types/tm/t-os/t-find/t-find-number?detailsrequested=C&trademark=2535749[8/19/2010 2:43:01 PM] EXHIBIT M CIPO — Canadian Trade-marks Database

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Canadian Intellectual Property Office cipo.ic.gc.ca Français Home Contact Us Help Search canada.gc.ca Home > Canadian Trade-marks Database> Advanced Search Industry Canada Programs and Search Page Services

Programs and CANADIAN TRADE-MARK DATA Services Patents *** Note Data on trade-marks is shown in the official language in which it was Patents Database submitted. Patent Appeal The database was last updated on: 2010-08-17 Board APPLICATION NUMBER: REGISTRATION NUMBER: Trade-marks 1464583 not registered Trade–marks STATUS: SEARCHED Database FILED: 2010-01-04 Basic Search FORMALIZED: 2010-01-07 Advanced Search APPLICANT: Assistance Zynga Game Network, Inc. Trade-marks 365 Vermont Street Opposition Board San Francisco, California 94103 Copyrights UNITED STATES OF AMERICA

Copyrights AGENT: Database KATE HENDERSON Industrial Designs 128 Vine Avenue Toronto Industrial Designs ONTARIO M6P 1V7 Database Integrated Circuit REPRESENTATIVE FOR SERVICE: Topographies KATE HENDERSON 128 Vine Avenue Learn about IP Toronto IP Data Products ONTARIO M6P 1V7 Learn More TRADE-MARK: About Us What's New MAFIA WARS Media Room Client Corner INDEX HEADINGS: Publications MAFIA WARS International Consultations and WARES:

http://www.ic.gc.ca/...OA-wSy:2MLLVRUAOM?lang=eng&status=&fileNumber=1464583&extension=0&startingDocumentIndexOnPage=1[8/19/2010 2:44:37 PM] CIPO — Canadian Trade-marks Database

Discussions (1) Downloadable computer game software for use on wireless devices and computers. (2) Computer game software, video games, online games, and game related FAQs applications; interactive video game programs; electronic games and game related Site Map applications that may be accessed via the internet, computers and wireless devices; computer software to enable uploading, posting, showing, displaying, tagging, blogging, Links sharing or otherwise providing electronic media or information regarding the fields of Fees virtual communities, electronic gaming, entertainment, and general interest via the Forms Internet or other communications networks with third parties.

Legislation SERVICES: IP Canadian Links (1) Entertainment services, namely, providing on-line computer games. (2) Entertainment services, namely, providing enhancements for computer games, game IP International applications, reviews of computer games, and information relating to computer games; Links providing an Internet website portal in the field of computer games, gaming and social networking; Entertainment services, namely, providing social games and information Proactive regarding social networking via the Internet. Disclosure CLAIMS: Priority Filing Date: July 01, 2009, Country: UNITED STATES OF AMERICA, Application No: 77772110 in association with the same kind of wares (1) and in association with the same kind of services (1). Proposed Use in CANADA.

ACTION DATE BF COMMENTS Filed 04 January 2010 Created 05 January 2010 Formalized 07 January 2010 Translation 12 January 2010 13 March 2010 Requested Translation 03 February Received 2010 Search Recorded 18 June 2010 Examiner's First 18 June 2010 18 December Report 2010

Last updated 2010-08-17 Important Notices Top of page

http://www.ic.gc.ca/...OA-wSy:2MLLVRUAOM?lang=eng&status=&fileNumber=1464583&extension=0&startingDocumentIndexOnPage=1[8/19/2010 2:44:37 PM] EXHIBIT N Intellectual Property Office of New Zealand

Online Services INTELLECTUAL PROPERTY SEARCH RESULTS Search the Register Patent Search

Trade Mark Search

Trade Mark Classification Search Trade Mark Details Design Search Trade Mark Number (210) 817990 Current Status Accepted/Under Proceeding PVR Search TM Search Text Mafia Wars Trade Mark Type Trade Mark Convention, DEVICE Applications Trade Mark Nature Renewals Use Statement The mark is being used or proposed to be used, by the applicant or with Correspondence his/her consent, in relation to the goods/services Online Journal Filed (220) 05-JAN-2010

Convention Date (320) Country (330) App No: 01-JUL-2009 United States of America 77/772,110

Marks , Device and Device Descriptors (532)

27.5.2 27.5.17

Classification System | Class (511) Specification of Goods and Services 9|9 downloadable computer game software for use on wireless devices and computers; computer game software, video games, online games, and game related applications; interactive video game programs; electronic games and game related applications that may be accessed via the internet, computers and wireless devices; computer software to enable uploading, posting, showing, displaying, tagging, blogging, sharing or otherwise providing electronic media or information regarding the fields of virtual communities, electronic gaming, entertainment, and general interest via the Internet or other communications networks with third parties; scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending

http://www.iponz.govt.nz/cms/banner_template/IPTM[8/19/2010 2:47:43 PM] Intellectual Property Office of New Zealand

machines and mechanisms for coin- operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire- extinguishing apparatus 9|41 entertainment services, namely, providing on-line computer games, enhancements for computer games, game applications, reviews of computer games, and information relating to computer games; providing computer games and gaming related services via an internet portal; entertainment services, namely, providing social games via the Internet

Documents No documents on record or public access is restricted

Proprietor: (730) Zynga Game Network, Inc . 365 Vermont Street, San Francisco, California 94103, United States of America

Contact : (740) JAMES & WELLS . Level 12, KPMG Centre, 85 Alexandra Street, Hamilton, New Zealand

Service Address: Level 12, KPMG Centre, 85 Alexandra Street, Hamilton, New Zealand

Action Completed Due Journal Published Lodge Possible Opposition 29-JUL-2010 Lodge Possible Opposition 26-JUL-2010 Published Date 30-APR-2010 30-APR-2010 1570 30-APR-2010 Application Accepted 24-MAR-2010 24-MAR-2010 1570 30-APR-2010 Under Examination 06-JAN-2010 Filed 05-JAN-2010 05-JAN-2010

Related Trade Marks No Related Trade Marks found

Objection Type Lodged On Possible Opposition 29-JUL-2010 Possible Opposition 26-JUL-2010

Last Renewed By No renewal interest on record or public access is restricted

Proprietor & Licensee History No proprietors nor licensees on record or public access is restricted

Your Selection Criteria IPOL Database Search Collection: Public Mark: ,mafia wars Party Name ,zynga

The information contained in the databases accessible through this site has been taken from files held at the Intellectual Property Office of New Zealand. This site is not intended to be a comprehensive or complete source of intellectual property information. The Intellectual Property Office will not be liable for the provision of any incorrect or incomplete information. To obtain further assistance on the use of this Internet site please contact us

http://www.iponz.govt.nz/cms/banner_template/IPTM[8/19/2010 2:47:43 PM] Intellectual Property Office of New Zealand

Delivered: 20th August 2010 09:47:31

http://www.iponz.govt.nz/cms/banner_template/IPTM[8/19/2010 2:47:43 PM] EXHIBIT O Latest Status Info http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77969344

Thank you for your request. Here are the latest results from the TARR web server.

This page was generated by the TARR system on 2010-08-19 17:48:30 ET

Serial Number: 77969344 Assignment Information Trademark Document Retrieval

Registration Number: (NOT AVAILABLE)

Mark

(words only): MAFIA WARS

Standard Character claim: No

Current Status: A non-final action has been mailed. This is a letter from the examining attorney requesting additional information and/or making an initial refusal. However, no final determination as to the registrability of the mark has been made.

Date of Status: 2010-06-25

Filing Date: 2010-03-26

Transformed into a National Application: No

Registration Date: (DATE NOT AVAILABLE)

Law Office Assigned: LAW OFFICE 108

Attorney Assigned: CALLAGHAN BRIAN P

Current Location: L8X -TMEG Law Office 108 - Examining Attorney Assigned

Date In Location: 2010-06-25

LAST APPLICANT(S)/OWNER(S) OF RECORD

1. Zynga Game Network Inc.

Address:

1 of 3 8/19/2010 2:48 PM Latest Status Info http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77969344

Zynga Game Network Inc. 365 Vermont Street San Francisco, CA 94103 United States Legal Entity Type: Corporation State or Country of Incorporation: Delaware

GOODS AND/OR SERVICES

International Class: 016 Class Status: Active Art paper, decals, gift bags, greeting cards, memo pads, stationery, stickers, toilet paper, wrapping paper, and writing paper Basis: 1(b) First Use Date: (DATE NOT AVAILABLE) First Use in Commerce Date: (DATE NOT AVAILABLE)

International Class: 021 Class Status: Active Beer mugs, beverage glassware, beverage stirrers, bottle openers, bowls, coffee cups, tea cups and mugs, containers for ice, dishes, flower pots, napkin holders, pans, salt shakers, and tooth brushes Basis: 1(b) First Use Date: (DATE NOT AVAILABLE) First Use in Commerce Date: (DATE NOT AVAILABLE)

International Class: 025 Class Status: Active Clothing, namely, t-shirts, sweatshirts, hooded pullovers, tank tops, footwear, socks, jackets, button down shirts, polo shirts, dresses, skirts, jeans, shorts, sweatpants, neckties, aprons, belts, gloves, jerseys, baseball caps and hats, and headwear Basis: 1(b) First Use Date: (DATE NOT AVAILABLE) First Use in Commerce Date: (DATE NOT AVAILABLE)

ADDITIONAL INFORMATION

Color(s) Claimed: Color is not claimed as a feature of the mark.

Description of Mark: The mark consists of The mark consists of the words Mafia Wars in black, with white shading to suggest a raised metallic shiny surface of the black letters, with grey outlining to each letter.

MADRID PROTOCOL INFORMATION

(NOT AVAILABLE)

PROSECUTION HISTORY

2 of 3 8/19/2010 2:48 PM Latest Status Info http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77969344

NOTE: To view any document referenced below, click on the link to "Trademark Document Retrieval" shown near the top of this page.

2010-08-19 - Assigned To Examiner

2010-06-25 - Notification Of Non-Final Action E-Mailed

2010-06-25 - Non-final action e-mailed

2010-06-25 - Non-Final Action Written

2010-06-25 - Assigned To Examiner

2010-03-31 - New Application Office Supplied Data Entered In Tram

2010-03-30 - New Application Entered In Tram

ATTORNEY/CORRESPONDENT INFORMATION

Attorney of Record John M. Kim

Correspondent JOHN M. KIM IP LEGAL ADVISORS, PC 1940 GARNET AVE STE 230 SAN DIEGO, CA 92109-3576 Phone Number: 858-272-0220 Fax Number: 858-272-0221

3 of 3 8/19/2010 2:48 PM EXHIBIT P PTO Form 1478 (Rev 9/2006) OMB No. 0651-0009 (Exp 12/31/2011) Trademark/Service Mark Application, Principal Register

Serial Number: 77969344 Filing Date: 03/26/2010

The table below presents the data as entered. Input Field Entered SERIAL NUMBER 77969344 MARK INFORMATION \\TICRS\EXPORT9\IMAGEOUT9 *MARK \779\693\77969344\xml1\AP P0002.JPG SPECIAL FORM YES USPTO-GENERATED IMAGE NO LITERAL ELEMENT MAFIA WARS COLOR MARK NO The mark consists of The mark consists of the words Mafia Wars in black, with white *DESCRIPTION OF THE MARK shading to suggest a raised metallic shiny (and Color Location, if applicable) surface of the black letters, with grey outlining to each letter. PIXEL COUNT ACCEPTABLE YES PIXEL COUNT 640 x 256 REGISTER Principal APPLICANT INFORMATION *OWNER OF MARK Zynga Game Network Inc. *STREET 365 Vermont Street *CITY San Francisco

*STATE California (Required for U.S. applicants)

*COUNTRY United States

*ZIP/POSTAL CODE 94103 (Required for U.S. applicants only) LEGAL ENTITY INFORMATION TYPE corporation

STATE/COUNTRY OF INCORPORATION Delaware GOODS AND/OR SERVICES AND BASIS INFORMATION INTERNATIONAL CLASS 016 Art paper, decals, gift bags, greeting cards, *IDENTIFICATION memo pads, stationery, stickers, toilet paper, wrapping paper, and writing paper FILING BASIS SECTION 1(b) INTERNATIONAL CLASS 021 Beer mugs, beverage glassware, beverage stirrers, bottle openers, bowls, coffee cups, *IDENTIFICATION tea cups and mugs, containers for ice, dishes, flower pots, napkin holders, pans, salt shakers, and tooth brushes FILING BASIS SECTION 1(b) INTERNATIONAL CLASS 025 Clothing, namely, t-shirts, sweatshirts, hooded pullovers, tank tops, footwear, socks, jackets, button down shirts, polo shirts, *IDENTIFICATION dresses, skirts, jeans, shorts, sweatpants, neckties, aprons, belts, gloves, jerseys, baseball caps and hats, and headwear FILING BASIS SECTION 1(b) ATTORNEY INFORMATION

NAME John M. Kim

FIRM NAME IP Legal Advisors, PC

INTERNAL ADDRESS Suite 230

STREET 1940 Garnet Avenue

CITY San Diego

STATE California

COUNTRY United States

ZIP/POSTAL CODE 92109 PHONE 858-272-0220

FAX 858-272-0221

EMAIL ADDRESS [email protected] AUTHORIZED TO COMMUNICATE VIA EMAIL Yes

OTHER APPOINTED ATTORNEY Joshua Richman CORRESPONDENCE INFORMATION

NAME John M. Kim FIRM NAME IP Legal Advisors, PC

INTERNAL ADDRESS Suite 230 STREET 1940 Garnet Avenue CITY San Diego STATE California COUNTRY United States ZIP/POSTAL CODE 92109

PHONE 858-272-0220

FAX 858-272-0221 EMAIL ADDRESS [email protected] AUTHORIZED TO COMMUNICATE VIA EMAIL Yes FEE INFORMATION NUMBER OF CLASSES 3 FEE PER CLASS 325 *TOTAL FEE DUE 975 *TOTAL FEE PAID 975 SIGNATURE INFORMATION

SIGNATURE /John M Kim/

SIGNATORY'S NAME John M. Kim

SIGNATORY'S POSITION Attorney of Record, CA Bar Member

DATE SIGNED 03/26/2010 PTO Form 1478 (Rev 9/2006) OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

Serial Number: 77969344 Filing Date: 03/26/2010 To the Commissioner for Trademarks:

MARK: MAFIA WARS (stylized and/or with design, see mark)

The literal element of the mark consists of MAFIA WARS. The mark consists of The mark consists of the words Mafia Wars in black, with white shading to suggest a raised metallic shiny surface of the black letters, with grey outlining to each letter. The applicant, Zynga Game Network Inc., a corporation of Delaware, having an address of 365 Vermont Street San Francisco, California 94103 United States requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

International Class 016: Art paper, decals, gift bags, greeting cards, memo pads, stationery, stickers, toilet paper, wrapping paper, and writing paper Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

International Class 021: Beer mugs, beverage glassware, beverage stirrers, bottle openers, bowls, coffee cups, tea cups and mugs, containers for ice, dishes, flower pots, napkin holders, pans, salt shakers, and tooth brushes Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

International Class 025: Clothing, namely, t-shirts, sweatshirts, hooded pullovers, tank tops, footwear, socks, jackets, button down shirts, polo shirts, dresses, skirts, jeans, shorts, sweatpants, neckties, aprons, belts, gloves, jerseys, baseball caps and hats, and headwear Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)). The applicant hereby appoints John M. Kim and Joshua Richman of IP Legal Advisors, PC

Suite 230 1940 Garnet Avenue San Diego, California 92109 United States to submit this application on behalf of the applicant.

Correspondence Information: John M. Kim IP Legal Advisors, PC Suite 230 1940 Garnet Avenue San Diego, California 92109 858-272-0220(phone) 858-272-0221(fax) [email protected] (authorized)

A fee payment in the amount of $975 has been submitted with the application, representing payment for 3 class(es).

Declaration

Signature: /John M Kim/ Date Signed: 03/26/2010 Signatory's Name: John M. Kim Signatory's Position: Attorney of Record, CA Bar Member

RAM Sale Number: 12219 RAM Accounting Date: 03/26/2010 Serial Number: 77969344 Internet Transmission Date: Fri Mar 26 13:05:13 EDT 2010 TEAS Stamp: USPTO/BAS-70.60.213.54-20100326130513549 048-77969344-460139eba2f6cf9bc5d92d6786b b62ddba-CC-12219-20100326125447030090

EXHIBIT Q Case5:10-cv-01022-JF Document1 Filed03/10/10 Page1 of 15 Case5:10-cv-01022-JF Document1 Filed03/10/10 Page2 of 15 Case5:10-cv-01022-JF Document1 Filed03/10/10 Page3 of 15 Case5:10-cv-01022-JF Document1 Filed03/10/10 Page4 of 15 Case5:10-cv-01022-JF Document1 Filed03/10/10 Page5 of 15 Case5:10-cv-01022-JF Document1 Filed03/10/10 Page6 of 15 Case5:10-cv-01022-JF Document1 Filed03/10/10 Page7 of 15 Case5:10-cv-01022-JF Document1 Filed03/10/10 Page8 of 15 Case5:10-cv-01022-JF Document1 Filed03/10/10 Page9 of 15 Case5:10-cv-01022-JF Document1 Filed03/10/10 Page10 of 15 Case5:10-cv-01022-JF Document1 Filed03/10/10 Page11 of 15 Case5:10-cv-01022-JF Document1 Filed03/10/10 Page12 of 15 Case5:10-cv-01022-JF Document1 Filed03/10/10 Page13 of 15 Case5:10-cv-01022-JF Document1 Filed03/10/10 Page14 of 15 Case5:10-cv-01022-JF Document1 Filed03/10/10 Page15 of 15 EXHIBIT R Domain Tools: View Historical Whois Records http://domain-history.domaintools.com/?page=details&domain=mafiawar...

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mafiawars.com on 2009-07-17 - Domain History

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« Previous Next » Domain: mafiawars.com - Domain History Cache Date: 2009-07-17 Registrar: MONIKER ONLINE SERVICES, INC. Reverse Whois: Click on an email address we found in this whois record to see which other domains the registrant is associated with: [email protected]

Domain Name: MAFIAWARS.COM Registrar: MONIKER

Registrant [1967517]: Mark Williams [email protected] 365 Vermont Street San Francisco CA 94103 US

Administrative Contact [1967517]: Mark Williams [email protected] 365 Vermont Street San Francisco CA 94103 US Phone: +1.4152529555

Billing Contact [1967517]: Mark Williams [email protected] 365 Vermont Street San Francisco CA 94103 US Phone: +1.4152529555

Technical Contact [1967517]: Mark Williams [email protected] 365 Vermont Street San Francisco CA 94103 US Phone: +1.4152529555

Domain servers in listed order:

NS1.SEDOPARKING.COM NS2.SEDOPARKING.COM

Record created on: 2000-06-01 00:33:32.0 Database last updated on: 2009-07-17 15:11:16.09 Domain Expires on: 2010-06-01 00:33:32.0

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mafiawars.com on 2009-07-16 - Domain History

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« Previous Next » Domain: mafiawars.com - Domain History Cache Date: 2009-07-16 Registrar: MONIKER ONLINE SERVICES, INC. Reverse Whois: Click on an email address we found in this whois record to see which other domains the registrant is associated with: [email protected]

Domain Name: MAFIAWARS.COM Registrar: MONIKER

Registrant [1114694]: Bill Douglas [email protected] 11054 Ventura Blvd. #469 Studio City CA 91604 US

Administrative Contact [1114694]: Bill Douglas [email protected] 11054 Ventura Blvd. #469 Studio City CA 91604 US Phone: +1.8185726550

Billing Contact [1114694]: Bill Douglas [email protected] 11054 Ventura Blvd. #469 Studio City CA 91604 US Phone: +1.8185726550

Technical Contact [1114694]: Bill Douglas [email protected] 11054 Ventura Blvd. #469 Studio City CA 91604 US Phone: +1.8185726550

Domain servers in listed order:

NS1.SEDOPARKING.COM NS2.SEDOPARKING.COM

Record created on: 2000-06-01 00:33:32.0 Database last updated on: 2009-07-16 05:59:42.2

1 of 2 8/5/2010 11:12 AM Domain Tools: View Historical Whois Records http://domain-history.domaintools.com/?page=details&domain=mafiawar...

Domain Expires on: 2010-06-01 00:33:32.0

2 of 2 8/5/2010 11:12 AM Domain Tools: View Historical Whois Records http://domain-history.domaintools.com/?page=details&domain=mafiawar...

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mafiawars.com on 2009-07-15 - Domain History

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« Previous Next » Domain: mafiawars.com - Domain History Cache Date: 2009-07-15 Registrar: MONIKER ONLINE SERVICES, INC. Reverse Whois: Click on an email address we found in this whois record to see which other domains the registrant is associated with: [email protected]

Domain Name: MAFIAWARS.COM Registrar: MONIKER

Registrant [705163]: Domain Transfer Escrow Service [email protected] Sedo.com One Broadway, 14th floor Cambridge MASSACHUSETTS 02142 US

Administrative Contact [705163]: Domain Transfer Escrow Service [email protected] Sedo.com One Broadway, 14th floor Cambridge MASSACHUSETTS 02142 US Phone: +1.6177584268

Billing Contact [705163]: Domain Transfer Escrow Service [email protected] Sedo.com One Broadway, 14th floor Cambridge MASSACHUSETTS 02142 US Phone: +1.6177584268

Technical Contact [705163]: Domain Transfer Escrow Service [email protected] Sedo.com One Broadway, 14th floor Cambridge MASSACHUSETTS 02142 US Phone: +1.6177584268

Domain servers in listed order:

NS1.SEDOPARKING.COM NS2.SEDOPARKING.COM

Record created on: 2000-06-01 00:33:32.0 Database last updated on: 2009-07-15 04:19:44.933

1 of 2 8/5/2010 11:11 AM Domain Tools: View Historical Whois Records http://domain-history.domaintools.com/?page=details&domain=mafiawar...

Domain Expires on: 2010-06-01 00:33:32.0

2 of 2 8/5/2010 11:11 AM Domain Tools: View Historical Whois Records http://domain-history.domaintools.com/?page=details&domain=mafiawar...

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mafiawars.com on 2009-07-10 - Domain History

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« Previous Next » Domain: mafiawars.com - Domain History Cache Date: 2009-07-10 Registrar: MONIKER ONLINE SERVICES, INC. Reverse Whois: Click on an email address we found in this whois record to see which other domains the registrant is associated with: [email protected]

Domain Name: MAFIAWARS.COM Registrar: MONIKER

Registrant [1432576]: Dennis Spreen [email protected] Zum Riedsaum 4 Erbach BW 89155 DE

Administrative Contact [1432576]: Dennis Spreen [email protected] Zum Riedsaum 4 Erbach BW 89155 DE Phone: +49.7305931375 Fax: +49.7305931377

Billing Contact [1432576]: Dennis Spreen [email protected] Zum Riedsaum 4 Erbach BW 89155 DE Phone: +49.7305931375 Fax: +49.7305931377

Technical Contact [1432576]: Dennis Spreen [email protected] Zum Riedsaum 4 Erbach BW 89155 DE Phone: +49.7305931375 Fax: +49.7305931377

Domain servers in listed order:

NS1.SEDOPARKING.COM NS2.SEDOPARKING.COM

Record created on: 2000-06-01 00:33:32.0 Database last updated on: 2009-04-18 14:36:45.553 Domain Expires on: 2010-06-01 00:33:32.0

1 of 2 8/5/2010 11:11 AM Domain Tools: View Historical Whois Records http://domain-history.domaintools.com/?page=details&domain=mafiawar...

2 of 2 8/5/2010 11:11 AM EXHIBIT S Welcome to Mafia Wars

Connect!

GAME VEGAS HOME FORUM SUPPORT BLOG STORE GAME CARD

http://mafiawars.com/fbconnect[8/5/2010 11:17:27 AM]