LAW OFFICES OF

MCNAUL EBEL NAWROT & HELGREN PLLC

600 University Street, Suite2700
Seattle, Washington 98101-3143
(206) 467-1816


COMPL. FOR COPYRIGHT INFRINGEMENT,
CONVERSION, AND VIOLATION OF THE
CONSUMER PROTECTION ACT Page 1

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

UBER ENTERTAINMENT, a Delaware
Company,

Plaintiff,

v.

BITCOMPOSER ENTERTAINMENT AG,
a German company,

Defendant.


No.

COMPLAINT FOR COPYRIGHT
INFRINGEMENT, CONVERSION,
AND VIOLATION OF THE
CONSUMER PROTECTION ACT

JURY DEMAND
Plaintiff Uber Entertainment (hereinafter Uber) hereby alleges the following
causes of action against Defendant bitComposer Entertainment AG (bitComposer).
I. PARTIES
1. Plaintiff Uber Entertainment Company is a company organized under the
laws of the State of Delaware and authorized to do business in the State of Washington.
2. On information and belief, Defendant bitComposer Entertainment AG
(bitComposer) is a company organized under the laws of the country of Germany.
II. JURISDICTION AND VENUE
3. This Court has subject matter jurisdiction over the claims in this lawsuit
that relate to the Copyright Act (17 U.S.C. 101, 501) and the Lanham Act (15 U.S.C.
Case 2:14-cv-01662 Document 1 Filed 10/28/14 Page 1 of 5
LAW OFFICES OF
MCNAUL EBEL NAWROT & HELGREN PLLC
600 University Street, Suite2700
Seattle, Washington 98101-3143
(206) 467-1816


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CONVERSION, AND VIOLATION OF THE
CONSUMER PROTECTION ACT Page 2

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1125, et. seq.) pursuant to 28 U.S.C. 1331 and 28 U.S.C. 1338(a). This Court has
subject matter jurisdiction over the related state law claims under 28 U.S.C. 1332 and
28 U.S.C. 1367.
4. Venue is proper under 28 U.S.C. 1391(b).
III. FACTS
5. Uber is a developer of interactive video games and related products.
6. bitComposer holds itself out as a publisher of software game products.
7. Uber solely owns all rights, title, and interest to the video game franchise
entitled and commonly known as Super Monday Night Combat (hereinafter the Game)
and all intellectual property relating thereto.
8. On October 10, 2014, source code, art work, and audio files from the Game
were registered with the U.S. Patent and Trademark Office and were assigned U.S.
Trademark Registration Number TX0007922657.
9. In or around April 2013, Uber and bitComposer entered into a licensing
agreement under which bitComposer received a limited license to use certain of Ubers
intellectual property relating to the Game, subject to various terms, conditions, and
obligations.
10. bitComposer breached the licensing agreement.
11. After providing bitComposer with notice and numerous opportunities to
cure, Uber terminated the licensing agreement on August 19, 2014. At that time, Uber
demanded that bitComposer immediately cease and desist from continuing to use Ubers
intellectual property, and further demanded that all such intellectual property be returned
to Uber no later than September 2, 2014.
12. bitComposer has continued to use and possess Ubers intellectual property
in violation of Ubers rights, including, without limitation, reproduction of Ubers
intellectual property and preparation of derivative works based upon Ubers intellectual
Case 2:14-cv-01662 Document 1 Filed 10/28/14 Page 2 of 5
LAW OFFICES OF
MCNAUL EBEL NAWROT & HELGREN PLLC
600 University Street, Suite2700
Seattle, Washington 98101-3143
(206) 467-1816


COMPL. FOR COPYRIGHT INFRINGEMENT,
CONVERSION, AND VIOLATION OF THE
CONSUMER PROTECTION ACT Page 3

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property. Furthermore, bitComposer representatives have stated that bitComposer intends
to distribute Ubers intellectual property to third-parties and the public generally for
commercial gain. bitComposers intended unauthorized uses of Ubers intellectual
property would, among other things, cast Uber and the Super Monday Night Combat
franchise in a false and negative light, injure consumers, and injure Ubers relationships
with existing and potential customers, business partners, lenders, and other third-parties.
IV. CAUSES OF ACTION
COUNT ONE: COPYRIGHT INFRINGEMENT
13. Uber incorporates the allegations of all previous paragraphs as though fully
set forth herein.
14. Uber solely owns all rights, title, and interest to all intellectual property
relating to the Game, including, but not limited to, copyrights, trade names, trademarks,
source codes and libraries, graphics files, artwork, sound/music files, and derivative
works.
15. bitComposer has no right to reproduce Ubers intellectual property, to
prepare derivative works based upon Ubers intellectual property, or to otherwise continue
using or possessing Ubers intellectual property.
16. Notwithstanding Ubers termination of the licensing agreement,
bitComposer continues to make such uses of Ubers intellectual property, and intends to
further exploit it for commercial gain. As a direct and proximate cause of bitComposers
copyright infringement, Uber has been damaged in amounts to be proven at trial. If
permitted, bitComposers continued unauthorized use of Ubers intellectual property
would cause irreparable harm to Uber, the Super Monday Night franchise, and the public.
COUNT TWO: CONVERSION
17. Uber incorporates the allegations of all previous paragraphs as though fully
set forth herein.
Case 2:14-cv-01662 Document 1 Filed 10/28/14 Page 3 of 5
LAW OFFICES OF
MCNAUL EBEL NAWROT & HELGREN PLLC
600 University Street, Suite2700
Seattle, Washington 98101-3143
(206) 467-1816


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CONVERSION, AND VIOLATION OF THE
CONSUMER PROTECTION ACT Page 4

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18. On information and belief, bitComposer has and continues to willfully
interfere with Ubers property, including, but not limited to, copyrights, trade names,
trademarks, source codes and libraries, graphics files, artwork, sound/music files, and
derivative works relating to the Game.
19. bitComposers interference with Ubers property is without lawful
justification.
20. As a direct and proximate result of bitComposers unlawful conduct,
Ubers right to possession of its property has been infringed and/or deprived and Uber has
suffered damages in amounts to be proven at trial.
COUNT THREE: CONSUMER PROTECTION ACT VIOLATION
21. Uber incorporates the allegations of all previous paragraphs as though fully
set forth herein.
22. On information and belief, bitComposer has committed unfair and/or
deceptive acts based on the above misconduct.
23. The unfair and/or deceptive acts occurred in trade and/or commerce and
have the capacity to deceive a substantial part of the public.
24. As a direct and proximate cause of bitComposers misconduct, Uber has
been damaged in its business and/or property in amounts to be proven at trial.
V. PRAYER FOR RELIEF
Uber respectfully requests that this Court issue judgment against bitComposer as
follows:
A. Enjoining bitComposer from continuing to use or possess Ubers
intellectual property;
B. Awarding monetary damages in an amount to be determined at trial;
C. Awarding treble damages as permitted by law;
Case 2:14-cv-01662 Document 1 Filed 10/28/14 Page 4 of 5
LAW OFFICES OF
MCNAUL EBEL NAWROT & HELGREN PLLC
600 University Street, Suite2700
Seattle, Washington 98101-3143
(206) 467-1816


COMPL. FOR COPYRIGHT INFRINGEMENT,
CONVERSION, AND VIOLATION OF THE
CONSUMER PROTECTION ACT Page 5

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D. Ordering bitComposer to disgorge any sums received in violation of Ubers
rights;
E. Awarding Uber its costs, expenses, and attorney fees to the fullest extent
permitted by law; and
F. Awarding such other and further relief as the Court deems proper.
DATED this 28
th
day of October, 2014.

McNAUL EBEL NAWROT & HELGREN PLLC


By: s/Timothy B. Fitzgerald
Timothy B. Fitzgerald, WSBA No. 45103

Attorneys for Plaintiffs
2501-006 dh26f33582 2014-10-28
Case 2:14-cv-01662 Document 1 Filed 10/28/14 Page 5 of 5