Вы находитесь на странице: 1из 165

Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 1 of 54

IN THE UNITED STATES DISTRICT COURT


FOR THE SOUTHERN DISTRICT OF NEW YORK
MANHATTAN DIVISION

AM GENERAL LLC,

Plaintiff, C.A. No. 2:17-cv-08644


v.
JURY TRIAL DEMANDED
ACTIVISION BLIZZARD, INC.,
ACTIVISION PUBLISHING, INC., and
MAJOR LEAGUE GAMING CORP.
Defendants.

COMPLAINT

Plaintiff AM General LLC (AM General) states the following for its Complaint against

Defendants Activision Blizzard, Inc., Activision Publishing, Inc., and Major League Gaming

Corp. (collectively, Defendants).

INTRODUCTION

Plaintiff AM General LLC (AM General) makes the HUMVEE-branded vehicle and

owns registrations for the HUMVEE and HMMWV marks and the distinctive elements that

comprise the AM General Trade Dress. Wrongfully leveraging the goodwill and reputation AM

General has developed in these marks, Defendants have used and continue to use AM Generals

trademarks and trade dress in advertising and promotion of their Call of Duty video game

franchise; have featured and continue to feature AM Generals trademarks and vehicles bearing

the distinctive elements of the AM General Trade Dress prominently in their video games; and

have caused and continue to cause the manufacture and sale of collateral toys and books to

1
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 2 of 54

further derive wrongful profits from AM Generals intellectual property and to further promote

Defendants infringing video games. Defendants video games have been successful but only at

the expense of AM General and consumers who are deceived into believing that AM General

licenses the games or is somehow connected with or involved in the creation of the games.

Defendants have reaped billions of dollars in revenues from their wrongful acts and, in the

process, have irreparably harmed AM General by causing significant confusion, expressly

misleading the consuming public, and diluting the goodwill and reputation of AM Generals

famous marks.

NATURE OF ACTION

1. This is an action at law and in equity for trademark infringement, trade dress

infringement, false designation of origin, false advertising, dilution, and related wrongs. AM

Generals claims against Defendants arise under the Trademark Act of 1946, 15 U.S.C. 1051

et seq. (Lanham Act), the common law of New York, and New York General Business Law

360-l.

THE PARTIES

2. AM General is headquartered in South Bend, Indiana, and is organized and

existing under the laws of the State of Delaware. AM Generals sole member is AM General

Holdings LLC, whose controlling member is MacAndrews AMG Holdings LLC. The sole

member of MacAndrews AMG Holdings LLC is MacAndrews & Forbes Inc., which has its

principal place of business in New York, New York.

3. Upon information and belief, Defendant Activision Blizzard, Inc. is a corporation

organized and existing under the laws of the State of Delaware, with a principal place of business

in Santa Monica, California. Defendant Activision Blizzard, Inc. is registered to do business in

New York and has a registered agent in New York.


2
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 3 of 54

4. Upon information and belief, Defendant Activision Blizzard, Inc. is an interactive

entertainment company and video game developer. Defendant Activision Blizzard, Inc. earns

revenue through the sale, distribution, and licensing of content related to its video games.

5. Upon information and belief, Defendants Activision Publishing, Inc. and Major

League Gaming Corp. are business segments of Defendant Activision Blizzard, Inc.

6. Upon information and belief, Defendant Activision Publishing, Inc. is a

corporation organized and existing under the laws of the State of Delaware, with a principal

place of business in Santa Monica, California. Defendant Activision Publishing, Inc. is

registered to do business in New York and has a registered agent in New York.

7. Upon information and belief, Defendant Activision Publishing, Inc. is an

American video game developer, publisher, and distributor. Defendant Activision Publishing,

Inc.s leading product franchise is Call of Duty. Games within the Call of Duty franchise are

sold for use on numerous video gaming platforms and are delivered using physical media and

internet downloads. Games within the Call of Duty franchise enable single-player and multi-

player gameplay. In addition, games within the Call of Duty franchise may be played via one

or more paid subscription services available through the internet, from which one or more of

Defendants earns revenues.

8. Upon information and belief, Defendant Activision Blizzard, Inc. and/or

Defendant Activision Publishing, Inc. have licensed content relating to the Call of Duty

franchise for use in video games, toys, books, and other content. For example, Defendant

Activision Blizzard, Inc. and/or Defendant Activision Publishing, Inc. entered into one or more

license agreement(s) with MEGA Brands, Inc. and/or Mattel, Inc. relating to the manufacture,

distribution, and sale of certain Call of Duty Collector Construction Sets. As a further example,

3
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 4 of 54

Defendant Activision Blizzard, Inc. and/or Defendant Activision Publishing, Inc. entered into

one or more license agreement(s) with BradyGames, Id Software, and/or Penguin Random

House LLC (headquartered in New York, New York) relating to the manufacture, publishing,

distribution, and sale of certain Call of Duty Strategy Guides.

9. Upon information and belief, Defendant Major League Gaming, Corp. is a

corporation organized and existing under the laws of the State of Delaware, with a principal

place of business in New York, New York.

10. Upon information and belief, Defendant Major League Gaming Corp. operates in

the eSports business and operates tournaments for video games, including the Call of Duty

franchise. Defendant Major League Gaming Corp. broadcasts, through internet live streaming,

video gaming tournaments, and events. Players and spectators can observe the broadcasts of the

gaming tournaments and events, which depict the content of games, including the Call of Duty

franchise. Through Defendant Major League Gaming Corp.s website, players are invited to join

tournaments.

JURISDICTION AND VENUE

11. This Court has subject matter jurisdiction over the federal claims for trademark

infringement, trade dress infringement, false designation of origin, false advertising, dilution, and

related wrongs under 28 U.S.C. 1331, 1338(a). The Court has subject matter jurisdiction over

the state claims under 28 U.S.C. 1367(a).

12. This Court has personal jurisdiction over the Defendants because Defendants have

engaged in infringing conduct, including but not limited to advertising, promoting, and selling

infringing products and hosting tournament play, in this District, among other places. In

addition, this Court has personal jurisdiction over Defendant Major League Gaming Corp.,

because Defendant Major League Gaming Corp. has its principal place of business in this
4
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 5 of 54

District, and over Defendants Activision Blizzard, Inc. and Activision Publishing, Inc., because

they are registered to do business in New York and have registered agents in New York.

13. Venue is proper in this District under 28 U.S.C. 1391(b).

FACTUAL BACKGROUND

A. AM Generals Trademarks and Trade Dress

14. AM General designs, engineers, manufactures, supplies, and supports specialized

vehicles for military and commercial customers. It is best known today for its global leadership

in the design and production of, and support for, the High Mobility Multipurpose Wheeled

Vehicle (HMMWV), which is also known as the HUMVEE and is widely recognized as the

most versatile, dependable, and mobile light tactical wheeled vehicle in the world. Photographs

of exemplary HUMVEE-branded vehicles are reproduced as Figures 14 below:

Figure 1

5
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 6 of 54

Figure 2

Figure 3

6
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 7 of 54

Figure 4

15. AM General has successfully developed and produced more than 1.5 million

vehicles, including more than 278,000 HUMVEE-branded vehicles. HUMVEE-branded

vehicles have been in service for more than 30 years with the United States Armed Forces and

with over 50 foreign countries.

16. For many decades, AM General has devoted, and continues to devote, substantial

time, effort, and resources in the development and design of HUMVEE-branded vehicles and to

the goodwill and reputation of the HUMVEE and HMMWV brands, including the distinctive

trade dress associated with HUMVEE-branded vehicles.

17. AM General is the owner of all rights, title, and interest in numerous trademarks

and trade dress. Of particular relevance to this action, AM General is the owner of United States

Trademark Reg. No. 1,697,530, which covers the HUMVEE mark for trucks. A true and

accurate copy of Reg. No. 1,697,530 is attached hereto as Exhibit 1. As reflected in Exhibit 1,

the HUMVEE mark for trucks was first used in commerce at least as early as April 1983. The

7
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 8 of 54

HUMVEE mark is incontestable, which means that it is conclusive evidence of AM

Generals ownership of the mark, of the validity of the mark, and of AM Generals exclusive

right to use the mark in commerce for trucks. See 15 U.S.C. 1115(b).

18. AM General is also the owner of United States Trademark Reg. No. 2,305,256,

which covers the HUMVEE mark for toys. A true and accurate copy of Reg. No. 2,305,256 is

attached hereto as Exhibit 2. As reflected in Exhibit 2, the HUMVEE mark for toys was first

used in commerce at least as early as June 1997. The HUMVEE mark is incontestable, which

means that it is conclusive evidence of AM Generals ownership of the mark, of the validity of

the mark, and of AM Generals exclusive right to use the mark in commerce for toys. See

15 U.S.C. 1115(b).

19. AM General is also the owner of United States Trademark Reg. No. 3,026,594,

which covers the HMMWV mark for vehicles. A true and accurate copy of Reg. No. 3,026,594

is attached hereto as Exhibit 3. As reflected in Exhibit 3, the HMMWV mark was first used in

commerce at least as early as December 13, 1986. The HMMWV mark is incontestable, which

means that it is conclusive evidence of AM Generals ownership of the mark, of the validity of

the mark, and of AM Generals exclusive right to use the mark in commerce for vehicles. See

15 U.S.C. 1115(b).

20. In addition, AM Generals HUMVEE-branded vehicles bear certain distinctive

elements, which individually and collectively comprise the AM General Trade Dress. As

shown in Figures 14, above, the AM General Trade Dress includes the overall shape of the

vehicle, an X design on the lower portion of the vehicles doors (in certain configurations), a

slanted upper rear portion of the vehicle (in certain configurations), side mirror mounts attached

to each side of the vehicle adjacent to the vehicle windshield (not to the vehicles doors), a

8
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 9 of 54

windshield that is bisected by a metal bar and does not have lights above it, windshield wipers

attached to the top of the front windows, rectangular doors, a blackout headlight in the left front

hood recess, and/or seven vertical ovals comprising the front grille. See 15 U.S.C. 1115(b).

21. AM General has registered certain elements of the AM General Trade Dress on

the Principal Register of the United States Patent and Trademark Office. Specifically, AM

General is the owner of Reg. No. 5,107,327 (the Registered AM General Trade Dress) for

motor vehicles and toy vehicles. Figure 5, below, depicts the Registered AM General Trade

Dress, which consists of a three-dimensional configuration of an X design on the lower portion

of two vehicle doors, a slanted upper rear portion of a vehicle and side mirror mounts attached to

each side of a vehicle adjacent to the windshield. A true and accurate copy of Reg. No.

5,107,327 is attached hereto as Exhibit 4. As reflected in Exhibit 4, the Registered AM General

Trade Dress was first used in commerce for vehicles at least as early as April 1983 and for toys

at least as early as December 31, 1999. This registration is prima facie evidence of AM

Generals ownership of the mark, of the validity of the mark, and of AM Generals exclusive

right to use the mark in commerce for vehicles and toys. See 15 U.S.C. 1115(b).

Figure 5

9
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 10 of 54

22. The AM General Trade Dress (including but not limited to the Registered AM

General Trade Dress) is distinctive and is not functional. The elements of the AM General Trade

Dress (including but not limited to the Registered AM General Trade Dress) serve to allow

consumers to easily recognize HUMVEE-branded vehicles and toys bearing the AM General

Trade Dress and to distinguish the source of HUMVEE-branded vehicles and toys bearing the

AM General Trade Dress from the source of vehicles and toys manufactured by others.

23. The AM General Trade Dress has been held to be valid and well-known and was

so held long before the unlawful acts giving rise to this action. For example, in General Motors

Corp. & AM General, LLC v. Lanard Toys, Inc., the Sixth Circuit affirmed a summary judgment

ruling that the AM General Trade Dress was valid and non-functional as a matter of law.

General Motors Corp. & AM General, LLC v. Lanard Toys, Inc., 468 F.3d 405, 417 (6th Cir.

2006).

24. Based on extensive use, promotion, and sales, the AM General Trade Dress is

distinctive and enjoys secondary meaning among consumers as a device that identifies and

distinguishes AM General, or a single anonymous source, as the source of HUMVEE-branded

vehicles bearing the AM General Trade Dress. For example, the AM General Trade Dress has

been described as iconic, famous, and world renowned. See Exhibits 510.

25. Since at least as early as the 1990s, AM General has licensed others to use the

HUMVEE mark and/or the AM General Trade Dress on or in connection with a wide variety of

products, which have been sold to millions of consumers throughout the United States.

26. For example, AM General granted a license to Infogrames Inc. to use the

HUMVEE mark and the AM General Trade Dress in connection with the video game

HUMVEE AssaultTM.

10
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 11 of 54

27. AM General granted a license to Novalogic, Inc. to use the HUMVEE mark in

connection with the video game Delta Force - Black Hawk DownTM.

28. AM General granted a license to The Codemasters Software Company, Ltd. to use

the HUMVEE mark and the AM General Trade Dress in connection with the video game

Operation Flashpoint: Red River.

29. AM General granted a license to THQ Inc. to use the HUMVEE mark and the

AM General Trade Dress in connection with the video game Homefront and in promotional and

other materials related to the Homefront video game.

30. AM General granted a license to Maisto International Inc. to use the HUMVEE

mark and the AM General Trade Dress in connection with scale vehicle models.

31. AM General granted a license to Mattel to use the HUMVEE mark and the AM

General Trade Dress in connection with toys of specified scales.

32. Consumers have come to expect that goods bearing the HUMVEE marks, the

HMMWV mark, and/or distinctive elements of the AM General Trade Dress originate from

and/or are authorized, licensed, or approved by AM General and were so authorized, licensed, or

approved long before the unlawful conduct that forms the basis for this action. AM Generals

HUMVEE and HMMWV marks and the AM General Trade Dress are famous to the general

purchasing public in the United States and were famous long before the unlawful conduct that

forms the basis for this action.

B. Defendants Unlawful Conduct

1. Defendants Unauthorized Use of HUMVEE and HMMWV Marks and the


AM General Trade Dress in Connection with Infringing Video Games

33. Beginning after AM Generals first use in commerce of the HUMVEE and

HMMWV marks and the AM General Trade Dress (including but not limited to the Registered

11
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 12 of 54

AM General Trade Dress), and seeking to profit from the strength of such marks and dress and

the success of goods bearing such marks and/or dress, Defendants have (directly and/or

contributorily) produced, manufactured, caused to be manufactured, sold, offered for sale,

distributed, and/or induced others to useand continue to produce, manufacture, cause to be

manufactured, sell, offer for sale, distribute, and/or induce others to useproducts, including

video games and/or other content and materials, that incorporate, use, and prominently rely upon

the AM General Trade Dress and that infringe and continue to infringe the HUMVEE and

HMMWV marks (the Infringing Products). Such Infringing Products include but are not

limited to the following video games:

Call of Duty: Modern Warfare 2;

Call of Duty: Modern Warfare 3;

Call of Duty 4: Modern Warfare;

Call of Duty: Modern Warfare Remastered;

Call of Duty Modern Warfare: Mobilized;

Call of Duty: Black Ops II;

Call of Duty: Ghosts; and

Call of Duty: Heroes.

True and accurate images of a sample of Defendants Infringing Products and Defendants

unauthorized use of the AM General Trade Dress and marks to promote these Infringing

Products are attached hereto as Exhibit 11.

34. Defendants wrongful use of AM Generals intellectual property, including the

AM General Trade Dress and the HUMVEE and HMMWV marks, in the Call of Duty

franchise is pervasive, plays a significant role in the gameplay of the Infringing Products, and is

a key selling feature of the games.

12
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 13 of 54

35. For example, in Call of Duty: Modern Warfare 2, multiple in-game missions

and multiplayer levels include depictions of vehicles bearing the (or substantially similar)

distinctive design elements of the AM General Trade Dress (Infringing Vehicles). In some

instances, the game player is able to (and even required to in order to progress in the game)

climb onto the Infringing Vehicles and climb into (viewing the interior) and ride in the Infringing

Vehicles while controlling and firing a weapon on the vehicle. See, e.g., Exhibit 11 at 718;

Exhibit 12. In others, the player is tasked with manning a weapon from a helicopter to protect

Infringing Vehicles that are seen driving on the ground below. At various points in the game, the

Infringing Vehicles are explicitly and misleadingly identified using AM Generals marks as, e.g.,

HUMVEE 01 M1026 HMMWV. In other instances, the characters explicitly and misleadingly

refer to the Infringing Vehicles as the Humvee, including dialog that states Were leaving on

Hunter Threes Humvee, over. There are also Infringing Vehicles depicted in miniature or toy

configurations in the game. The Infringing Vehicles depicted include distinctive elements of the

AM General Trade Dress, including its overall shape, X design on the lower portion of the

vehicles doors, slanted upper rear portion, side mirror mounts attached to each side of the

vehicle adjacent to the vehicle windshield (not to the vehicles doors), a windshield that is

bisected by a metal bar and does not have lights above it, windshield wipers attached to the top

of the front windows, rectangular doors, and seven vertical ovals comprising the front grille.

Exhibit 11 at 718.

36. Figures 611, below, are screenshots of Call of Duty: Modern Warfare 2

gameplay depicting exemplary unauthorized uses of the HUMVEE and HMMWV marks and

the AM General Trade Dress.

13
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 14 of 54
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 15 of 54
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 16 of 54
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 17 of 54

out of an overturned Infringing Vehicle that is on fire. In other scenes, the characters explicitly

and misleadingly refer to Infringing Vehicles as the Humvee, including dialog that states Do

not fire on the Humvees, those are our guys, Get Volk in the Humvee, lets go!, One of the

humvees has just been hit, and Get a javelin from the Humvee and finish off those tanks. The

Infringing Vehicles depicted include distinctive elements of the AM General Trade Dress,

including its overall shape, X design on the lower portion of the vehicles doors, side mirror

mounts attached to each side of the vehicle adjacent to the vehicle windshield (not to the

vehicles doors), a windshield that is bisected by a metal bar and does not have lights above it,

windshield wipers attached to the top of the front windows, rectangular doors, and seven vertical

ovals comprising the front grille. Exhibit 11 at 2125.

38. In Call of Duty 4: Modern Warfare, multiple in-game missions and multiplayer

levels include depictions of Infringing Vehicles. In some instances, the game player is able to

climb onto the Infringing Vehicles and climb into and ride inside the Infringing Vehicles while

controlling a weapon on the vehicle. In others, the player is tasked with manning a weapon from

a helicopter to protect Infringing Vehicles that are seen driving on the ground below. The

Infringing Vehicles depicted include distinctive elements of the AM General Trade Dress,

including its overall shape, X design on the lower portion of the vehicles doors, slanted upper

rear portion, side mirror mounts attached to each side of the vehicle adjacent to the vehicle

windshield (not to the vehicles doors), a windshield that is bisected by a metal bar and does not

have lights above it, windshield wipers attached to the top of the front windows, rectangular

doors, and seven vertical ovals comprising the front grille. Exhibit 11 at 26.

39. In Call of Duty: Modern Warfare Remastered, multiple in-game missions and

multiplayer levels include depictions of Infringing Vehicles. In some instances, the game player

17
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 18 of 54

is able to climb onto the Infringing Vehicles. The Infringing Vehicles depicted include

distinctive elements of the AM General Trade Dress, including its overall shape, slanted upper

rear portion, side mirror mounts attached to each side of the vehicle adjacent to the vehicle

windshield (not to the vehicles doors), a windshield that is bisected by a metal bar and does not

have lights above it, windshield wipers attached to the top of the front windows, rectangular

doors, and seven vertical ovals comprising the front grille. Exhibit 11 at 3435.

40. In Call of Duty: Black Ops II, players see Infringing Vehicles, exterior and

interior, as part of a mission, and in some instances see characters exit the Infringing Vehicles.

The Infringing Vehicles depicted include distinctive elements of the AM General Trade Dress,

including its overall shape, X design on the lower portion of the vehicles doors, slanted upper

rear portion, side mirror mounts attached to each side of the vehicle adjacent to the vehicle

windshield (not to the vehicles doors), a windshield that is bisected by a metal bar and does not

have lights above it, windshield wipers attached to the top of the front windows, rectangular

doors, a blackout headlight in the left front hood recess, and seven vertical ovals comprising the

front grille. Exhibit 11 at 2629.

41. In Call of Duty: Ghosts, players are able to see Infringing Vehicles, maneuver

around them, and climb on them. The Infringing Vehicles depicted include distinctive elements

of the AM General Trade Dress, including its overall shape, slanted upper rear portion, side

mirror mounts attached to each side of the vehicle adjacent to the vehicle windshield (not to the

vehicles doors), a windshield that is bisected by a metal bar and does not have lights above it,

windshield wipers attached to the top of the front windows, rectangular doors, a blackout

headlight in the left front hood recess, and seven vertical ovals comprising the front grille.

Exhibit 11 at 3032.

18
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 19 of 54

42. In Call of Duty Modern Warfare: Mobilized, players can approach an

Infringing Vehicle and control a weapon on the top of an Infringing Vehicle. Exhibit 11 at 19

20. The Infringing Vehicles depicted include distinctive elements of the AM General Trade

Dress, including its overall shape, slanted upper rear portion, side mirror mounts attached to each

side of the vehicle adjacent to the vehicle windshield (not to the vehicles doors), a windshield

that is bisected by a metal bar and does not have lights above it, windshield wipers attached to

the top of the front windows, rectangular doors, a blackout headlight in the left front hood recess,

and seven vertical ovals comprising the front grille. Exhibit 11 at 1920.

43. In Call of Duty: Heroes, Infringing Vehicles are seen driving along roads near

the players base. The Infringing Vehicles depicted include distinctive elements of the AM

General Trade Dress, including its overall shape. Exhibit 11 at 33.

44. Figures 1213, below, are screenshots depicting exemplary Infringing Vehicles in

the Infringing Products, which have been annotated to call out Defendants unauthorized use of

certain distinctive elements of the AM General Trade Dress.

45. Figure 12 is exemplary of Defendants wrongful use of AM General Trade Dress,

including the vehicles overall shape, which is a distinctive element of the AM General Trade

Dress. Figure 12A includes a red annotation calling out the depicted windshield that is bisected

by a metal bar and does not have lights above it, which are distinctive elements of the AM

General Trade Dress. Figure 12B includes a red annotation calling out the depicted seven

vertical ovals comprising the front grille, which is a distinctive element of the AM General Trade

Dress. Figure 12C includes a red annotation calling out the depicted side mirror mounts attached

to each side of a vehicle adjacent to the vehicle windshield (not to the vehicles doors), which are

distinctive elements of the AM General Trade Dress. Figure 12D includes a red annotation

19
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 20 of 54
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 21 of 54
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 22 of 54
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 23 of 54

46. Upon information and belief, Defendants also license, distribute, and/or provide

access to the Infringing Video Games through subscription services. For example, in 2011

Defendants Activision Blizzard, Inc. and Activision Publishing, Inc. launched Call of Duty:

Elite, an online subscription-based service offering additional multiplayer content. Premium

members of the Call of Duty: Elite service were charged $50 per year for the service.

2. Defendants Unauthorized Use of the AM General Trade Dress in


Connection with Advertising and Promotion of Infringing Video Games

47. Without AM Generals permission, in order to promote certain of Defendants

Infringing Products, in order to advertise the pervasive depiction of Infringing Vehicles in

Defendants Infringing Products, and in a manner that explicitly misleads consumers into

believing that AM General or the maker of HUMVEE-branded vehicles (if unknown) sponsors

or supports Defendants Infringing Products, Defendants have prominently depicted vehicles

bearing the distinctive elements of the AM General Trade Dress in advertising and marketing

materials. True and accurate copies of images taken from Defendants advertising materials are

attached as Exhibit 13.

48. For example, video trailers used to promote the Call of Duty video games

prominently feature depictions of vehicles bearing distinctive elements of the AM General Trade

Dress. Exhibit 13 at 211.

49. The Launch Trailer for Call of Duty: Modern Warfare 2 starts with series of

shots depicting soldiers getting into and driving a prominently featured Infringing Vehicle from

multiple angles. Exhibit 13 at 35.

23
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 24 of 54

GamerSpawn, Call of Duty: Modern Warfare 2 Launch Trailer, YouTube (Nov. 5, 2009),
https://www.youtube.com/watch?v=AzwBeDV5IAY.

50. The Reveal Trailer and Infamy Trailer for Call of Duty: Modern

Warfare 2, both depict Infringing Vehicles being driven and getting blown up. See, e.g.,

Exhibit 13 at 2, 79.

24
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 25 of 54
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 26 of 54
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 27 of 54

HMMWV HUMVEE,s Call of duty Black Ops Den Haag.mpg, YouTube (Nov. 12, 2010),
https://www.youtube.com/watch?v=7d2TA4U-oAQ.

3. Defendants Unauthorized Use of the AM General Trade Dress in


Connection with MegaBloks Toys

54. Upon information and belief, one or more of Defendants arranged for the

manufacture, distribution, and sale of toy vehicles bearing the (or substantially similar)

distinctive elements of the AM General Trade Dress. For example, in or around 2013

Defendants and MEGA Brands released a seven-toy series of Call of Duty Collector

Construction Sets to promote, advertise and further extract profits from the Call of Duty

franchise. One of the seven toys is the Light Armor Firebase, No. 06817, which includes a toy

vehicle bearing the (or substantially similar) distinctive elements of the AM General Trade

Dress. See, e.g., Exhibit 14 at 4.

27
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 28 of 54

Light Armor Firebase Call of Duty, MEGA Shop, https://shop.megabrands.com/en-us/shop/


construction-toys/call-of-duty/light-armor-firebase-dcl23 (last visited Nov. 6, 2017).

55. And in or around 2016, Defendants and MEGA Brands released an eight-toy

series of Call of Duty Collector Construction Sets. One of the eight toys is the Armored

Vehicle Charge, No. DPB57, which includes a toy vehicle bearing the (or substantially similar)

distinctive elements of the AM General Trade Dress. See, e.g., Exhibit 14 at 2.

28
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 29 of 54

Armored Vehicle Charge Call of Duty, MEGA Shop, https://shop.megabrands.com/en-


ca/shop/construction-toys/call-of-duty/armored-vehicle-charge-dpb57 (last visited Nov. 6, 2017).

56. The packaging and instruction manuals accompanying the toys described in

Paragraphs 5455, above, bear the ACTIVISION mark and the notice 20[xx] Activision

Publishing, Inc. ACTIVISION, and CALL OF DUTY are trademarks of Activision Publishing,

Inc. Exhibit 14 at 3, 5.

29
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 30 of 54
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 31 of 54

Defendants Infringing Products, advertise the pervasive depiction of vehicles bearing the (or

substantially similar) distinctive elements of the AM General Trade Dress in Defendants

Infringing Products and expressly mislead consumers to believe AM General or the maker of

HUMVEE-branded vehicles (if unknown) sponsors or supports Defendants Infringing

Products.

4. Defendants Unauthorized Use of HUMVEE mark and the AM General


Trade Dress in Connection with BradyGames Strategy Guides

59. Upon information and belief, one or more of Defendants authorized BradyGames,

Id Software, and/or Penguin Random House LLC to manufacture, publish, distribute, and sell

strategy guides for Defendants Infringing Products.

60. Upon information and belief, in 2011, Activision entered into a Strategy Guide

Publishing Agreement with BradyGames for such strategy guides.

61. Such strategy guides pervasively and misleadingly use the HUMVEE mark and

depict vehicles bearing the (or substantially similar) distinctive elements of the AM General

Trade Dress. For example, the Call of Duty: Modern Warfare 2 strategy guide describes the

various acts, missions, and other details of Call of Duty: Modern Warfare 2. The Call of

Duty: Modern Warfare 2 strategy guide prominently features Infringing Vehicles bearing the

(or substantially similar) distinctive elements of the AM General Trade Dress, examples of

which are shown in Exhibit 15 at 25.

62. For example, as shown in Figure 14 (see also Exhibit 15 at 3), below, the Call of

Duty: Modern Warfare 2 strategy guide introduces Act 1 of the game on pages 10 and 11 and

prominently depicts Infringing Vehicles bearing the (or substantially similar) distinctive

elements of the AM General Trade Dress, including the overall shape of the vehicle, an X design

on the lower portion of the vehicles doors, a slanted upper rear portion of the vehicle, side

31
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 32 of 54

mirror mounts attached to each side of a vehicle adjacent to the vehicle windshield (not to the

vehicles doors), a windshield that is bisected by a metal bar and does not have lights above it,

windshield wipers attached to the top of the front windows, rectangular doors, a blackout

headlight in the left front hood recess, and seven vertical ovals comprising the front grille.

Figure 14

63. The Call of Duty: Modern Warfare 2 strategy guide continues by describing

engagements of Act 1, which prominently feature Infringing Vehicles as part of the gameplay.

In doing so, the strategy guide makes pervasive use of the HUMVEE mark. Exhibit 15 at 24.

For example on page 18 (Exhibit 15 at 4), Engagement 2, is introduced as follows:

Once the militants begin to fall back, proceed up the stairs to the
bridge and wait for your Humvee to roll up. Then hop in the back.
Dont run in front of ityou can get squashed!

Similarly, on page 18 (Exhibit 15 at 4), Engagement 3 is introduced as follows:

The next section has you manning a mounted turret on your


Humvee as the convoy rolls through the streets. Once you get

32
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 33 of 54

clearance to open up, dont feel shy about holding the trigger
theres no ammo limit, and you cant overheat!

Engagement 3 is further described on page 19 (Exhibit 15 at 4) as follows:

However, this doesnt last, as the sounds of gunfire ring out ahead.
Your Humvee pulls up to an abandoned school. Militants run
along the rooftop in plain view, armed and firing at the convoy.

64. Similarly, the Call of Duty: Modern Warfare 3 strategy guide describes the

various acts, missions, and other details of Call of Duty: Modern Warfare 3 and features

Infringing Vehicles bearing the (or substantially similar) distinctive elements of the AM General

Trade Dress. Exhibit 15 at 79.

33
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 34 of 54

65. The strategy guides described in Paragraphs 5964, above, bear the

ACTIVISION mark and the notice 20[xx] Activision Publishing, Inc. ACTIVISION, CALL

OF DUTY and MODERN WARFARE are [registered] trademarks [or registered trademarks]

[and CALL OF DUTY MW3 is a trademark] of Activision Publishing, Inc. Exhibit 15 at 6, 10.

66. Upon information and belief, such use of the HUMVEE mark and the distinctive

elements of the AM General Trade Dress in connection with the manufacture, distribution, and

sale of the strategy guides described in Paragraphs 5964, above, without license or

authorization from AM General, further served to promote Defendants Infringing Products,

advertise the pervasive depiction of vehicles bearing the (or substantially similar) distinctive

elements of the AM General Trade Dress in Defendants Infringing Products, and expressly

mislead consumers to believe AM General or the maker of HUMVEE-branded vehicles (if

unknown) sponsors or supports Defendants Infringing Products.

5. Defendants Widespread, Pervasive, and Unauthorized Use of the


HUMVEE and HMMWV marks and the AM General Trade Dress Is
Willful, Causes Confusion, and Expressly Misleads Consumers

67. As detailed above, Defendants have misappropriated, copied and used, and

continue to misappropriate, copy, and use, the AM General Trade Dress and the HUMVEE and

HMMWV marks in connection with the Infringing Products and the advertising, promotion,

and sale thereof.

68. Defendants use of the AM General Trade Dress and HUMVEE and HMMWV

marks in connection with the advertising, promotion, and sale of the Infringing Products has

caused and is likely to cause purchasers and potential purchasers to falsely believe that

Defendants Infringing Products are associated with, are approved, licensed, or sponsored by

AM General or the maker of HUMVEE-branded vehicles (if unknown) or that AM General or

34
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 35 of 54

the maker of HUMVEE-branded vehicles (if unknown) participated in the creation of the

Infringing Products or was otherwise consulted or involved with those products.

69. Defendants have distributed and continue to make available user guides for

Defendants Infringing Video Games. Such user guides include a so-called Software License

Agreement, which states to customers the following (or similar) language:

OWNERSHIP. All title, ownership rights and intellectual property


rights in and to this Program and any and all copies thereof
(including but not limited to any titles, computer code, themes,
objects, characters, character names, stories, dialog, catch phrases,
locations, concepts, artwork, animation, sounds, musical
compositions, audio-visual effects, methods of operation, moral
rights, and any related documentation, incorporated into this
Program) are owned by Activision or its licensors.

This Program contains certain licensed materials and


Activisions licensors may protect their rights in the event of any
violation of this Agreement.

Exhibit 16. Such statements are false and misleading. AM General did not license Activisions

use of the HUMVEE and HMMWV marks and AM General Trade Dress, and Activision does

not own the HUMVEE and HMMWV marks or AM General Trade Dress.

70. Such statements by Defendants expressly mislead customers to believe AM

General or the maker of HUMVEE-branded vehicles (if unknown) sponsors, supports, or has

otherwise authorized or licensed Defendants use of HUMVEE and HMMWV marks and

depiction of vehicles bearing the (or substantially similar) distinctive elements of the AM

General Trade Dress, or participated in the design of the products.

71. Upon information and belief, Defendants misappropriation of, copying of, and

use of colorable imitations of AM Generals Trade Dress has been done with Defendants

knowledge of Plaintiff AM Generals rights therein; with an intent to trade upon and pirate away

the substantial reputation and goodwill symbolized by the AM General Trade Dress; and with an

35
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 36 of 54

intent to cause confusion, mistake, or deception among purchasers, potential purchasers, the

public, and/or the trade.

72. The foregoing activities of Defendants also demonstrate Defendants clear and

unmistakable intent to infringe AM Generals marks. Defendants use in the Infringing Products

of AM Generals marks has caused and is likely to cause confusion, mistake, and deception

among purchasers and potential purchasers and to deceive the public into purchasing

Defendants Infringing Products and/or believing that Defendants Infringing Products are

associated with, are approved by, and/or are sponsored by AM General when that is not the case.

73. Defendants pervasive and prominent use in the Infringing Productsin the form

of video games, toys, and other contentof AM General Trade Dress and marks is designed to

create the false impression that Plaintiff AM General has authorized Defendants use. See

Exhibit 16.

6. Defendants Unauthorized Use of the HUMVEE and HMMWV marks and


the AM General Trade Dress Is Causing and Has Caused Harm to AM
General

74. Defendants activities with respect to the Infringing Products have resulted in, are

resulting in, and will continue to result in harm to AM General, including without limitation

damage to Plaintiff AM Generals reputation and goodwill symbolized by the AM General Trade

Dress and marks as well as monetary losses and damage.

75. Upon information and belief, Defendants have wrongfully profited and have been

unjustly enriched by their sales and/or licensing of the Infringing Products directly and/or

contributorily.

76. Upon information and belief, Defendants sale and/or licensing of the Infringing

Products have generated substantially in excess of US $5,200,000,000.00 in revenue.

36
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 37 of 54

77. Upon information and belief, Defendants sales of the Infringing Products have

resulted in over 130 million units sold.

C. AM Generals Knowledge of Defendants Wrongful Conduct

78. Upon information and belief, AM General first became aware of Defendants

unauthorized use of AM Generals intellectual property in or around May 2016. More

specifically, on May 24, 2016, a representative of Global Icons, LLCan outside licensing

agency whose contractual duties include the policing of AM Generals trademarks and trade

dressalerted counsel for AM General to the fact that Defendant Activision Blizzard, Inc.

and/or Defendant Activision Publishing, Inc. (Activision) was using depictions of vehicles

bearing the (or substantially similar) distinctive elements of the AM General Trade Dress in

video games and toys as part of the Call of Duty franchise. The nature and extent of

Defendants wrongful use was at that time unknown.

79. On or about June 20, 2016, counsel for Global Icons (on behalf of AM General)

sent a cease-and-desist letter to Activision. Activision and Global Icons engaged in informal

communications regarding this dispute in at least August, September, and October 2016.

Activision did not substantively respond until January 2017.

80. On or about January 18, 2017, Activision sent Global Icons a letter responding to

the June 2016 cease-and-desist letter. Thereafter, Activision and Global Icons engaged in oral

and email communications in at least March and August 2017.

81. Upon information and belief, Defendants continue to engage in unauthorized,

wrongful, and misleading use of AM Generals marks and trade dress.

37
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 38 of 54

FIRST CAUSE OF ACTION


Federal Trademark Infringement, 15 U.S.C. 1114
(Against All Defendants)

82. The allegations of the foregoing Paragraphs are repleaded and incorporated by

reference as if fully set forth herein.

83. AM General owns incontestable federal trademark registrations for HUMVEE

for trucks and toys. See Reg. Nos. 1,697,530 and 2,305,526.

84. Defendants have had both actual and constructive knowledge of AM Generals

federally registered HUMVEE marks.

85. Defendants have used, are using, and have caused others to use AM Generals

federally registered HUMVEE marks, and marks confusingly similar thereto, in connection

with the advertising, promotion, and sale of their goods and services without AM Generals

authorization.

86. Defendants unauthorized use of AM Generals HUMVEE marks has caused and

is likely to cause confusion, mistake, and deception as to the affiliation, connection, or

association with, or sponsorship or approval by, AM General, in violation of 15 U.S.C. 1114.

87. Defendants unlawful conduct was and is knowing, deliberate, willful, and in bad

faith and done with the intent to trade on the goodwill and reputation of AM General and its

federally registered HUMVEE marks and to deceive consumers into believing that AM General

was connected with Defendants goods and services.

88. As a result of Defendants unlawful conduct, AM General has suffered and is

likely to suffer damages, and Defendants have obtained profits and/or unjust enrichment.

89. Defendants unlawful conduct has caused AM General to lose control over the

goodwill it has established in its federally registered HUMVEE marks and to irreparably injure

AM Generals business, reputation, and goodwill. Unless Defendants are enjoined from their
38
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 39 of 54

unlawful conduct, AM General will continue to suffer irreparable harm for which it has no

adequate remedy at law.

SECOND CAUSE OF ACTION


Federal Trademark Infringement, 15 U.S.C. 1114
(Against All Defendants)

90. The allegations of the foregoing Paragraphs are repleaded and incorporated by

reference as if fully set forth herein.

91. AM General owns an incontestable federal trademark registration for HMMWV

for vehicles. See Reg. No. 3,026,594.

92. Defendants have had both actual and constructive knowledge of AM Generals

federally registered HMMWV mark.

93. Defendants have used, are using, and have caused others to use AM Generals

federally registered HMMWV mark, and marks confusingly similar thereto, in connection with

the advertising, promotion, and sale of their goods and services without AM Generals

authorization.

94. Defendants unauthorized use of AM Generals HMMWV mark has caused and

is likely to cause confusion, mistake, and deception as to the affiliation, connection, or

association with, or sponsorship or approval by, AM General, in violation of 15 U.S.C. 1114.

95. Defendants unlawful conduct was and is knowing, deliberate, willful, and in bad

faith and done with the intent to trade on the goodwill and reputation of AM General and its

federally registered HMMWV mark and to deceive consumers into believing that AM General

was connected with Defendants goods and services.

96. As a result of Defendants unlawful conduct, AM General has suffered and is

likely to suffer damages, and Defendants have obtained profits and/or unjust enrichment.

39
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 40 of 54

97. Defendants unlawful conduct has caused AM General to lose control over the

goodwill it has established in its federally registered HMMWV mark and to irreparably injure

AM Generals business, reputation, and goodwill. Unless Defendants are enjoined from their

unlawful conduct, AM General will continue to suffer irreparable harm for which it has no

adequate remedy at law.

THIRD CAUSE OF ACTION


Federal Trade Dress Infringement, 15 U.S.C. 1114
(Against All Defendants)

98. The allegations of the foregoing Paragraphs are repleaded and incorporated by

reference as if fully set forth herein.

99. AM General owns a federal trademark registration for certain elements of the AM

General Trade Dress (the Registered AM General Trade Dress) for motor vehicles and toy

vehicles. See Reg. No. 5,107,327.

100. The Registered AM General Trade Dress is distinctive and is not functional.

101. Defendants have had both actual and constructive knowledge of the Registered

AM General Trade Dress.

102. Defendants have used, are using, and have caused others to use the Registered

AM General Trade Dress in connection with the advertising, promotion, and sale of their goods

and services without AM Generals authorization and with full knowledge of AM Generals

rights in that trade dress.

103. Defendants unauthorized use of the Registered AM General Trade Dress has

caused and is likely to cause confusion, mistake, or deception as to the affiliation, connection, or

association with, or sponsorship or approval by, AM General, in violation of 15 U.S.C. 1114.

40
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 41 of 54

104. Defendants unlawful conduct was and is knowing, deliberate, willful, and in bad

faith and done with the intent to trade on the goodwill and reputation of AM General and the

Registered AM General Trade Dress and to deceive consumers into believing that AM General

was connected with Defendants goods and services.

105. As a result of Defendants unlawful conduct, AM General has suffered and is

likely to suffer damages, and Defendants have obtained profits and/or unjust enrichment.

106. Defendants unlawful conduct has caused AM General to lose control over the

goodwill it has established in the Registered AM General Trade Dress and to irreparably injure

AM Generals business, reputation, and goodwill. Unless Defendants are permanently enjoined

from their wrongful conduct, AM General will continue to suffer irreparable harm for which it

has no adequate remedy at law.

FOURTH CAUSE OF ACTION


Federal Trademark Infringement, Unfair Competition, and False Designation of Origin
15 U.S.C. 1125
(Against All Defendants)

107. The allegations of the foregoing Paragraphs are repleaded and incorporated by

reference as if fully set forth herein.

108. AM General owns common law marks for HUMVEE for a variety of goods and

services, including vehicles and toys.

109. Defendants have had both actual and constructive knowledge of AM Generals

superior rights in the HUMVEE marks.

110. Defendants have used, are using, and have caused others to use in commerce AM

Generals HUMVEE marks in connection with the advertising, promotion, and sale of their

goods and services without AM Generals authorization.

41
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 42 of 54

111. Defendants unauthorized use of AM Generals HUMVEE marks has caused and

is likely to cause confusion, mistake, and deception as to the affiliation, connection, or

association with, or sponsorship or approval by, AM General, in violation of 15 U.S.C. 1125.

112. Defendants unlawful conduct was knowing, deliberate, willful, and in bad faith

and done with the intent to trade on the goodwill and reputation of AM General and its

HUMVEE marks and to deceive consumers into believing that AM General was connected with

Defendants goods and services.

113. As a result of Defendants unlawful conduct, AM General has suffered and is

likely to suffer damages, and Defendants have obtained profits and/or unjust enrichment.

114. Defendants unlawful conduct has caused AM General to lose control over the

goodwill it has established in its HUMVEE marks and to irreparably injure AM Generals

business, reputation, and goodwill. Unless Defendants are permanently enjoined from their

unlawful conduct, AM General will continue to suffer irreparable injury for which it has no

adequate remedy at law.

FIFTH CAUSE OF ACTION


Federal Trademark Infringement, Unfair Competition, and False Designation of Origin
15 U.S.C. 1125
(Against All Defendants)

115. The allegations of the foregoing Paragraphs are repleaded and incorporated by

reference as if fully set forth herein.

116. AM General owns common law marks for HMMWV for a variety of goods and

services, including vehicles and toys.

117. Defendants have had both actual and constructive knowledge of AM Generals

superior rights in the HMMWV mark.

42
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 43 of 54

118. Defendants have used, are using, and have caused others to use AM Generals

HMMWV mark in connection with the advertising, promotion, and sale of their goods and

services without AM Generals authorization.

119. Defendants unauthorized use of AM Generals HMMWV mark has caused and is

likely to cause confusion, mistake, and deception as to the affiliation, connection, or association

with, or sponsorship or approval by, AM General, in violation of 15 U.S.C. 1125.

120. Defendants unlawful conduct was and is knowing, deliberate, willful, and in bad

faith and done with the intent to trade on the goodwill and reputation of AM General and its

HMMWV mark and to deceive consumers into believing that AM General was connected with

Defendants goods and services.

121. As a result of Defendants unlawful conduct, AM General has suffered and is

likely to suffer damages, and Defendants have obtained profits and/or unjust enrichment.

122. Defendants unlawful conduct has caused AM General to lose control over the

goodwill it has established in its HMMWV mark and to irreparably injure AM Generals

business, reputation, and goodwill. Unless Defendants are permanently enjoined from their

wrongful conduct, AM General will continue to suffer irreparable conduct for which it has no

adequate remedy at law.

SIXTH CAUSE OF ACTION


Federal Trade Dress Infringement, Unfair Competition, and False Designation of Origin
15 U.S.C. 1125
(Against All Defendants)

123. The allegations of the foregoing Paragraphs are repleaded and incorporated by

reference as if fully set forth herein.

124. AM General owns common law rights in the AM General Trade Dress for a

variety of goods and services, including vehicles and toys.

43
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 44 of 54

125. The AM General Trade Dress is distinctive and is not functional.

126. Defendants have had both actual and constructive knowledge of AM Generals

superior rights in the AM General Trade Dress.

127. Defendants have used, are using, and have caused others to use in commerce the

AM General Trade Dress in connection with the advertising, promotion, and sale of their goods

and services without AM Generals authorization.

128. Defendants unauthorized use of the AM General Trade Dress has caused and is

likely to cause confusion, mistake, and deception as to the affiliation, connection, or association

with, or sponsorship or approval by, AM General, in violation of 15 U.S.C. 1125.

129. Defendants unlawful conduct was and is knowing, deliberate, willful, and in bad

faith and done with the intent to trade on the goodwill and reputation of AM General and the AM

General Trade Dress and to deceive consumers into believing that AM General was connected

with Defendants goods and services.

130. As a result of Defendants unlawful conduct, AM General has suffered and is

likely to suffer damages, and Defendants have obtained profits and/or unjust enrichment.

131. Defendants unlawful conduct has caused AM General to lose control over the

goodwill it has established in the AM General Trade Dress and to irreparably injure AM

Generals business, reputation, and goodwill. Unless Defendants are permanently enjoined from

their unlawful conduct, AM General will continue to suffer irreparable injury for which it has no

adequate remedy at law.

SEVENTH CAUSE OF ACTION


Federal False Advertising, 15 U.S.C. 1125
(Against All Defendants)

44
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 45 of 54

132. The allegations of the foregoing Paragraphs are repleaded and incorporated by

reference as if fully set forth herein.

133. Upon information and belief, Defendants have stated to third-party manufacturers

and others in the trade that they have the authority to approve the use of the AM General Trade

Dress in connection with the advertising, promotion, and sale of goods when in fact Defendants

never had such authority.

134. Defendants are distributing, have distributed, and caused others to distribute user

guides for Defendants infringing video games that misrepresent that Defendants use of the AM

General Trade Dress and HUMVEE and HMMWV marks is authorized, licensed, or

sponsored by AM General when in fact it is not.

135. Defendants false or misleading statements misrepresent the nature,

characteristics, and qualities of Defendants goods, services, or commercial activities, and have

deceived and are likely to deceive the public and the trade in violation of 15 U.S.C. 1125.

136. Defendants unlawful conduct was and is knowing, willful, deliberate, and in bad

faith because Defendants knew at the time the statements were made that they were false or

misleading statements and made the statements in order to increase the sales of their goods or

services.

137. As a result of Defendants unlawful conduct, AM General has suffered and is

likely to suffer damages, and Defendants have obtained profits and/or unjust enrichment.

138. Unless Defendants are permanently enjoined from their unlawful conduct, AM

General will continue to suffer irreparable injury for which it has no adequate remedy at law.

EIGHTH CAUSE OF ACTION


Federal Trade Dress and Trademark Dilution, 15 U.S.C. 1125(c)
(Against All Defendants)

45
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 46 of 54

139. The allegations of the foregoing Paragraphs are repleaded and incorporated by

reference as if fully set forth herein.

140. AM General owns the AM General Trade Dress, including the Registered AM

General Trade Dress. The AM General Trade Dress is distinctive and is not functional.

141. AM General also owns the distinctive HUMVEE and HMMWV marks.

142. The AM General Trade Dress and HUMVEE and HMMWV marks are widely

recognized by the general consuming public and are famous and became famous long before

Defendants commenced their unlawful use of that trade dress and those marks.

143. Defendants have used, are using, and have caused others to use the AM General

Trade Dress and the HUMVEE and HMMWV marks, and substantially similar trade dress and

marks, in commerce in connection with the advertising, promotion, and sale of their goods and

services without AM Generals authorization.

144. Defendants unauthorized use of the AM General Trade Dress and HUMVEE

and HMMWV marks, and substantially similar trade dress and marks, is likely to impair and

damage the distinctiveness of AM Generals Trade Dress and its HUMVEE and HMMWV

marks by causing the public to no longer associate the AM General Trade Dress and those marks

exclusively with the goods and services offered by AM General and its licensees, which

constitutes dilution by blurring in violation of 15 U.S.C. 1125(c).

145. Defendants unlawful conduct was and is knowing, deliberate, willful, and in bad

faith and done with the intent to trade on the goodwill and reputation of AM General and its AM

General Trade Dress and HUMVEE and HMMWV marks, to impair the distinctiveness of that

trade dress and those marks, and to deceive consumers into believing that AM General was

connected with Defendants goods and services.

46
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 47 of 54

146. As a result of Defendants unlawful conduct, AM General has suffered and is

likely to suffer damages, and Defendants have obtained profits and/or unjust enrichment.

147. Unless Defendants are permanently enjoined from their wrongful conduct, AM

General will continue to suffer irreparable injury for which it has no adequate remedy at law.

NINTH CAUSE OF ACTION


Trademark Infringement, Unfair Competition, and False Designation of Origin
Under New York Law
(Against All Defendants)

148. The allegations of the foregoing Paragraphs are repleaded and incorporated by

reference as if fully set forth herein.

149. AM General owns common law trademark rights in the HUMVEE and HMMWV

marks for a variety of goods and services, including vehicles and toys.

150. Defendants have had both actual and constructive knowledge of AM Generals

superior rights in the HUMVEE and HMMWV marks.

151. Defendants have used, are using, and have caused others to use AM Generals

HUMVEE and HMMWV marks in connection with the advertising, promotion, and sale of their

goods and services without AM Generals authorization.

152. Through Defendants unauthorized use, Defendants unfairly appropriated or

exploited the special qualities associated with AM Generals HUMVEE and HMMWV marks,

resulting in the misappropriation of a commercial advantage belonging to AM General.

153. Defendants unauthorized use of AM Generals HUMVEE and HMMWV marks

has caused and is likely to cause confusion, mistake, and deception as to the affiliation,

connection, or association with, or sponsorship or approval by, AM General, in violation of New

York law.

47
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 48 of 54

154. Defendants unlawful conduct was knowing, deliberate, willful, and in bad faith

and done with the intent to trade on the goodwill and reputation of AM General and its

HUMVEE and HMMWV marks and to deceive consumers into believing that AM General was

connected with Defendants goods and services.

155. As a result of Defendants unlawful conduct, AM General has suffered and is

likely to suffer damages, and Defendants have obtained profits and/or unjust enrichment.

156. Unless Defendants are permanently enjoined from their wrongful conduct, AM

General will continue to suffer irreparable injury for which it has no adequate remedy at law.

TENTH CAUSE OF ACTION


Trade Dress Infringement Under New York Law
(Against All Defendants)

157. The allegations of the foregoing Paragraphs are repleaded and incorporated by

reference as if fully set forth herein.

158. AM General owns common law rights in the AM General Trade Dress for a

variety of goods and services, including vehicles and toys.

159. The AM General Trade Dress is distinctive and is not functional.

160. Defendants have had both actual and constructive knowledge of AM Generals

superior rights in the AM General Trade Dress.

161. Defendants have used, are using, and have caused others to use the AM General

Trade Dress in connection with the advertising, promotion, and sale of their goods and services

without AM Generals authorization.

162. Through Defendants unauthorized use, Defendants unfairly appropriated or

exploited the special qualities associated with the AM General Trade Dress, resulting in the

misappropriation of a commercial advantage belonging to AM General.

48
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 49 of 54

163. Defendants unauthorized use of the AM General Trade Dress has caused and is

likely to cause confusion, mistake, and deception as to the affiliation, connection, or association

with, or sponsorship or approval by, AM General, in violation of New York law.

164. Defendants unlawful conduct was and is knowing, deliberate, and willful and

done with the intent to trade on the goodwill and reputation of AM General and the AM General

Trade Dress and to deceive consumers into believing that AM General was connected with

Defendants goods and services.

165. As a result of Defendants unlawful conduct, AM General has suffered and is

likely to suffer damages, and Defendants have obtained profits and/or unjust enrichment.

166. Defendants unlawful conduct has caused AM General to lose control over the

goodwill it has established in its trade dress and to irreparably injure AM Generals business,

reputation, and goodwill. Unless Defendants are permanently enjoined from their unlawful

conduct, AM General will continue to suffer irreparable injury for which it has no adequate

remedy at law.

ELEVENTH CAUSE OF ACTION


False Advertising and Unfair Competition Under New York Law
(Against All Defendants)

167. The allegations of the foregoing Paragraphs are repleaded and incorporated by

reference as if fully set forth herein.

168. Upon information and belief, Defendants have stated to third-party manufacturers

and others in the trade that they have the authority to approve the use of the AM General Trade

Dress in connection with the advertising, promotion, and sale of goods and services when in fact

Defendants never had such authority.

169. Defendants are distributing, have distributed, and have caused others to distribute

user guides for Defendants infringing video games that misrepresent that Defendants use of the
49
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 50 of 54

AM General Trade Dress and HUMVEE and HMMWV marks is authorized, licensed, or

sponsored by AM General when in fact it is not.

170. Defendants false or misleading statements misrepresent the nature,

characteristics, and qualities of Defendants goods, services, or commercial activities and have

deceived and are likely to deceive the public and the trade in violation of New York law.

171. Defendants unlawful conduct was and is knowing, willful, deliberate, and in bad

faith because Defendants knew at the time the statements were made that they were false and

made the statements in order to increase the sales of their video games.

172. As a result of Defendants unlawful conduct, AM General has suffered and is

likely to suffer damages, and Defendants have obtained profits and/or unjust enrichment.

173. Unless Defendants are permanently enjoined from their unlawful conduct, AM

General will continue to suffer irreparable injury for which it has no adequate remedy at law.

TWELFTH CAUSE OF ACTION


Trademark Dilution in Violation of N.Y. Gen. Bus. Law 360-l
(Against All Defendants)

174. The allegations of the foregoing Paragraphs are repleaded and incorporated by

reference as if fully set forth herein.

175. AM General owns the AM General Trade Dress. The AM General Trade Dress is

distinctive and is not functional.

176. AM General also owns the distinctive HUMVEE and HMMWV marks.

177. Defendants have used, are using, and have caused others to use the AM General

Trade Dress and HUMVEE and HMMWV marks without AM Generals authorization.

178. Defendants unauthorized use of the AM General Trade Dress and HUMVEE and

HMMWV marks has impaired and damaged and is likely to impair and damage the

distinctiveness of AM Generals Trade Dress and HUMVEE and HMMWV marks by causing
50
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 51 of 54

the public to no longer associate that trade dress and those marks exclusively with the goods and

services offered by AM General and its licensees, which constitutes dilution by blurring in

violation of N.Y. Gen. Bus. Law. Section 360-l.

179. Defendants unlawful conduct was and is knowing, deliberate, willful, and in bad

faith and done with the intent to trade on the goodwill and reputation of AM General and its AM

General Trade Dress and HUMVEE and HMMWV marks, to impair the distinctiveness of that

trade dress and those marks, and to deceive consumers into believing that AM General was

connected with Defendants goods and services.

180. As a result of Defendants unlawful conduct, AM General has suffered and is

likely to suffer damages, and Defendants have obtained profits and/or unjust enrichment.

181. Unless Defendants are permanently enjoined from their wrongful conduct, AM

General will continue to suffer irreparable injury for which it has no adequate remedy at law.

PRAYER FOR RELIEF

WHEREFORE, based on the foregoing allegations, AM General prays for judgment and

relief as follows:

A. That this Court enter judgment in favor of AM General and against Defendants,

jointly and severally, on all claims for relief alleged herein;

B. That this Court issue a permanent injunction that:

1. Enjoins Defendants, their employees, owners, agents, officers, directors,

attorneys, representatives, affiliates, subsidiaries, successors, and assigns,

and all those in active concert or participation with them or having

knowledge of the causes of action from using AM Generals HUMVEE

and HMMWV marks and the AM General Trade Dress, alone or in

combination with any word(s), term(s), designation(s), marks(s), or


51
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 52 of 54

design(s), as well as any mark, image, or depiction that is confusingly

similar to or likely to impair the distinctiveness of AM Generals

HUMVEE and HMMWV marks and the AM General Trade Dress;

2. Enjoins Defendants, their employees, owners, agents, officers, directors,

attorneys, representatives, affiliates, subsidiaries, successors, and assigns,

and all those in active concert or participation with them or having

knowledge of the causes of action from making false or misleading

statements concerning AM Generals HUMVEE and HMMWV marks and

the AM General Trade Dress and Defendants use thereof, whether

Defendants use of AM Generals HUMVEE and HMMWV marks and the

AM General Trade Dress is licensed, sponsored, or approved by AM

General; whether third parties have the authorization to use AM Generals

HUMVEE and HMMWV marks and the AM General Trade Dress; in the

sale, advertising, or promotion of their goods and services using AM

Generals HUMVEE and HMMWV marks and the AM General Trade

Dress, alone or in combination with any word(s), term(s), designation(s),

marks(s), or design(s), as well as any mark, image, or depiction that is

confusingly similar or likely to impair AM Generals HUMVEE and

HMMWV marks and/or the AM General Trade Dress;

3. Requires Defendants, their employees, owners, agents, officers, directors,

attorneys, representatives, affiliates, subsidiaries, successors, and assigns,

and all those in active concert or participation with them or having

knowledge of the causes of action to engage in corrective advertising in a

52
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 53 of 54

form pre-approved by AM General and the Court to dispel the confusion

caused by Defendants unlawful conduct, including Defendants

misrepresentations that they have the right to authorize the use of the AM

General Trade Dress and AM Generals trademarks; and

4. Requires Defendants to file with the Court and serve on AM General,

within thirty (30) days after entry of an injunction, a report in writing

under oath setting forth in detail the manner in which Defendants have

complied with the Courts injunction.

C. That this Court grant monetary relief in the form of:

1. Compensatory damages under 15 U.S.C. 1117 and New York law for all

injuries to AM General caused by Defendants acts alleged herein;

2. An accounting of Defendants profits derived by Defendants acts alleged

herein under 15 U.S.C. 1117 and New York law and said accounting

trebled;

3. Punitive damages under New York law;

4. Enhanced or treble damages under 15 U.S.C. 1117 and New York law;

5. Attorneys fees and costs under 15 U.S.C. 1117 and New York law;

6. Prejudgment and postjudgment interest; and

7. Such other and further relief which the Court deems just and proper.

JURY TRIAL DEMAND

Plaintiff AM General respectfully demands a jury trial pursuant to Rule 38(b) of the

Federal Rules of Civil Procedure on all claims and issues so triable.

53
Case 1:17-cv-08644-GBD Document 1 Filed 11/07/17 Page 54 of 54
Case 1:17-cv-08644-GBD Document 1-1 Filed 11/07/17 Page 1 of 2

Exhibit 1
Case 1:17-cv-08644-GBD Document 1-1 Filed 11/07/17 Page 2 of 2
Case 1:17-cv-08644-GBD Document 1-2 Filed 11/07/17 Page 1 of 2

Exhibit 2
Case 1:17-cv-08644-GBD Document 1-2 Filed 11/07/17 Page 2 of 2
Case 1:17-cv-08644-GBD Document 1-3 Filed 11/07/17 Page 1 of 2

Exhibit 3
Case 1:17-cv-08644-GBD Document 1-3 Filed 11/07/17 Page 2 of 2
Case 1:17-cv-08644-GBD Document 1-4 Filed 11/07/17 Page 1 of 3

Exhibit 4
Case 1:17-cv-08644-GBD Document 1-4 Filed 11/07/17 Page 2 of 3

Reg. No. 5,107,327 AM General LLC (DELAWARE LIMITED LIABILITY COMPANY)


105 N. Niles Avenue
Registered Dec. 27, 2016 South Bend, IN 46617

CLASS 12: Motor vehicles, namely, military land vehicles


Int. Cl.: 12, 28
FIRST USE 4-00-1983; IN COMMERCE 4-00-1983
Trademark
CLASS 28: Toy vehicles and model toy vehicles
Principal Register
FIRST USE 12-31-1999; IN COMMERCE 12-31-1999

The mark consists of a three-dimensional configuration of an X design on the lower portion


of two vehicle doors, a slanted upper rear portion of a vehicle and side mirror mounts
attached to each side of a vehicle adjacent the vehicle windshield. The broken lines indicate
placement of the mark on the goods and are not part of the mark.

SEC.2(F)

SER. NO. 86-204,534, FILED 02-26-2014


ALISON FRIEDB POLLACK, EXAMINING ATTORNEY
Case 1:17-cv-08644-GBD Document 1-4 Filed 11/07/17 Page 3 of 3
Case 1:17-cv-08644-GBD Document 1-5 Filed 11/07/17 Page 1 of 6

Exhibit 5
Case 1:17-cv-08644-GBD Document 1-5 Filed 11/07/17 Page 2 of 6
Case 1:17-cv-08644-GBD Document 1-5 Filed 11/07/17 Page 3 of 6
Case 1:17-cv-08644-GBD Document 1-5 Filed 11/07/17 Page 4 of 6
Case 1:17-cv-08644-GBD Document 1-5 Filed 11/07/17 Page 5 of 6
Case 1:17-cv-08644-GBD Document 1-5 Filed 11/07/17 Page 6 of 6
Case 1:17-cv-08644-GBD Document 1-6 Filed 11/07/17 Page 1 of 5

Exhibit 6
Case 1:17-cv-08644-GBD Document 1-6 Filed 11/07/17 Page 2 of 5
Case 1:17-cv-08644-GBD Document 1-6 Filed 11/07/17 Page 3 of 5
Case 1:17-cv-08644-GBD Document 1-6 Filed 11/07/17 Page 4 of 5
Case 1:17-cv-08644-GBD Document 1-6 Filed 11/07/17 Page 5 of 5
Case 1:17-cv-08644-GBD Document 1-7 Filed 11/07/17 Page 1 of 4

Exhibit 7
Case 1:17-cv-08644-GBD Document 1-7 Filed 11/07/17 Page 2 of 4
Case 1:17-cv-08644-GBD Document 1-7 Filed 11/07/17 Page 3 of 4
Case 1:17-cv-08644-GBD Document 1-7 Filed 11/07/17 Page 4 of 4
Case 1:17-cv-08644-GBD Document 1-8 Filed 11/07/17 Page 1 of 4

Exhibit 8
Case 1:17-cv-08644-GBD Document 1-8 Filed 11/07/17 Page 2 of 4
Case 1:17-cv-08644-GBD Document 1-8 Filed 11/07/17 Page 3 of 4
Case 1:17-cv-08644-GBD Document 1-8 Filed 11/07/17 Page 4 of 4
Case 1:17-cv-08644-GBD Document 1-9 Filed 11/07/17 Page 1 of 3

Exhibit 9
Case 1:17-cv-08644-GBD Document 1-9 Filed 11/07/17 Page 2 of 3
Case 1:17-cv-08644-GBD Document 1-9 Filed 11/07/17 Page 3 of 3
Case 1:17-cv-08644-GBD Document 1-10 Filed 11/07/17 Page 1 of 3

Exhibit 10
Case 1:17-cv-08644-GBD Document 1-10 Filed 11/07/17 Page 2 of 3
Case 1:17-cv-08644-GBD Document 1-10 Filed 11/07/17 Page 3 of 3
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 1 of 35

Exhibit 11
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 2 of 35
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 3 of 35

Call of Duty 4: Modern Warfare

ddaniell13, Call of Duty 4 Modern Warfare - multiplayer map Ambush, YouTube (Sept. 3,
2012), https://www.youtube.com/watch?v=z2lFYO5f6oU.

3
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 4 of 35

Call of Duty 4: Modern Warfare for Nintendo DS

Call of Duty 4: Modern Warfare by Activision, GameStop, http://www.gamestop.com/ds/


games/call-of-duty-4-modern-warfare/66288 (last visited Nov. 6, 2017).

GameAnyone, Call of Duty 4 DS - Mission 01 - First to Fight, YouTube (May 16, 2008),
https://www.youtube.com/watch?v=SzzebXz9hw4.

4
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 5 of 35

Call of Duty 4: Modern Warfare for Nintendo DS

GameAnyone, Call of Duty 4 DS - Mission 02 - Exodus [1/2], YouTube (May 16, 2008),
https://www.youtube.com/watch?v=n65r9gKpzKs.

GameAnyone, Call of Duty 4 DS - Mission 10 - House Cleaning, YouTube (May 17, 2008)
https://www.youtube.com/watch?v=bkQRh9upHk0.

5
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 6 of 35

Call of Duty 4: Modern Warfare for Nintendo DS

GameAnyone, Call of Duty 4 DS - Mission 10 - House Cleaning, YouTube (May 17, 2008),
https://www.youtube.com/watch?v=bkQRh9upHk0.

6
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 7 of 35

Call of Duty: Modern Warfare 2

Call of Duty: Modern Warfare 2 by Activision, GameStop, http://www.gamestop.com/xbox-


360/games/call-of-duty-modern-warfare-2/74392 (last visited Nov. 6, 2017).

Song Productions, Call of Duty Modern Warfare 2 Mission 1 S.S.D.D. (Same S[***] Different
Day), YouTube (July 11, 2013), https://www.youtube.com/watch?v=UGyb5GC59Q0.

7
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 8 of 35

Call of Duty: Modern Warfare 2

Song Productions, Call of Duty Modern Warfare 2 Mission 1 S.S.D.D. (Same S[***] Different
Day), YouTube (July 11, 2013), https://www.youtube.com/watch?v=UGyb5GC59Q0.

The Chameleon, Team Player Call of Duty: Modern Warfare 2 Mission 2, YouTube (July 26,
2013), https://www.youtube.com/watch?v=XeDoEL1HcSY.

8
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 9 of 35
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 10 of 35

Call of Duty: Modern Warfare 2

SycoSquirrelSSU, Modern Warfare 2 Campaign Team Player, YouTube (Oct. 15, 2011),
https://www.youtube.com/watch?v=vK0LneE1aYU.

SycoSquirrelSSU, Modern Warfare 2 Campaign Team Player, YouTube (Oct. 15, 2011),
https://www.youtube.com/watch?v=vK0LneE1aYU.

10
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 11 of 35

Call of Duty: Modern Warfare 2

SycoSquirrelSSU, Modern Warfare 2 Campaign Team Player, YouTube (Oct. 15, 2011),
https://www.youtube.com/watch?v=vK0LneE1aYU.

SycoSquirrelSSU, Modern Warfare 2 Campaign Team Player, YouTube (Oct. 15, 2011),
https://www.youtube.com/watch?v=vK0LneE1aYU.

11
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 12 of 35

Call of Duty: Modern Warfare 2

SycoSquirrelSSU, Modern Warfare 2 Campaign Team Player, YouTube (Oct. 15, 2011),
https://www.youtube.com/watch?v=vK0LneE1aYU.

The Chameleon, Team Player Call of Duty: Modern Warfare 2 Mission 2, YouTube (July 26,
2013), https://www.youtube.com/watch?v=XeDoEL1HcSY.

12
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 13 of 35

Call of Duty: Modern Warfare 2

Monti, Call of Duty Modern warfare 2- Mission 6: Wolverines!, YouTube (Aug. 15, 2011),
https://www.youtube.com/watch?v=aRHYwsDTeO0.

Monti, Call of Duty Modern warfare 2- Mission 6: Wolverines!, YouTube (Aug. 15, 2011),
https://www.youtube.com/watch?v=aRHYwsDTeO0.

13
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 14 of 35
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 15 of 35
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 16 of 35
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 17 of 35

Call of Duty: Modern Warfare 2

Rudy_Eila, Call of Duty Modern Warfare 2 Museum Mission, YouTube (Dec. 28, 2009),
https://www.youtube.com/watch?v=uKRl6jccsYw.

Kennet, Call of Duty: Modern Warfare 2 Multiplayer | Afghan, YouTube (Apr. 19, 2015),
https://www.youtube.com/watch?v=m7D8jHkKjNA.

17
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 18 of 35

Call of Duty: Modern Warfare 2

KIWIDOGGIE, Call of Duty 6 MW2: Invasion Walkthrough Exclusive!, YouTube (Nov. 3,


2009), https://www.youtube.com/watch?v=7mm-izKb0Yo.

PS3CoDFailure, Modern Warfare 2 INVASION HIDING SPOTS, YouTube (Nov. 18, 2009),
https://www.youtube.com/watch?v=eX7lP4dR-IY.

18
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 19 of 35

Call of Duty: Modern Warfare Mobilized

Call of Duty: Modern Warfare Mobilized by Activision, GameStop, https://www.gamestop.com/


ds/games/call-of-duty-modern-warfare-mobilized/75741 (last visited Nov. 6, 2017).

Retro VAMP, Call of Duty: Modern Warfare - Mobilized [DS DeSmuME] - 6 - Needle In
A Haystack, YouTube (Aug. 9, 2017), https://www.youtube.com/watch?v=EqkcAIVcW8U.

19
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 20 of 35
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 21 of 35

Call of Duty: Modern Warfare 3

Call of Duty Modern Warfare 3 by Activision, GameStop, http://www.gamestop.com/xbox-


360/games/call-of-duty-modern-warfare-3/91051 (last visited Nov. 6, 2017).

theRadBrad, Call of Duty: Modern Warfare 3 - Walkthrough - Part 1 [Mission 1: Black


Tuesday] (MW3 Gameplay), YouTube (Nov. 8, 2011), https://www.youtube.com/
watch?v=Jaw5YRAz5YM.

21
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 22 of 35
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 23 of 35
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 24 of 35

Call of Duty: Modern Warfare 3

cheatlikachamp, Call of Duty: Modern Warfare 3 - Mw3 Campaign "Iron Lady" Veteran
Walkthrough Act 2 Mission 4, YouTube (Nov. 8, 2011), https://www.youtube.com/watch?v=Z_-
mXTmiOKI.

ELVIS1340, Modern Warfare 3 Dome Team Deathmatch Multiplayer Gameplay MW3,


YouTube (Nov. 7, 2011), https://www.youtube.com/watch?v=tPTDHRLnrhY.

24
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 25 of 35

Call of Duty: Modern Warfare 3

GamerGraphix, MW3 Survival on Interchange Awesome Strategy 1080p by Z0MBEA5T,


YouTube (Nov. 3, 2011), https://www.youtube.com/watch?v=ENHTUTJP0VM.

25
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 26 of 35

Call of Duty: Black Ops II

Call of Duty: Black Ops II by Activision, GameStop, http://www.gamestop.com/games/call-of-


duty-black-ops-ii/101863 (last visited Nov. 6, 2017).

TrulyExclusive, COD Blackops 2 Campaign First Cutscene Intro, YouTube (Nov. 13, 2012),
https://www.youtube.com/watch?v=-EnJ16K4-VU.

26
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 27 of 35

Call of Duty: Black Ops II

MXE VIDEOS, Call of Duty: Black Ops 2 Mission 7: Suffer With Me HD, YouTube (Nov. 14,
2012), https://www.youtube.com/watch?v=Nt8o-O7e7Yo.

MXE VIDEOS, Call of Duty: Black Ops 2 Mission 7: Suffer With Me HD, YouTube (Nov. 14,
2012), https://www.youtube.com/watch?v=Nt8o-O7e7Yo.

27
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 28 of 35

Call of Duty: Black Ops II

MXE VIDEOS, Call of Duty: Black Ops 2 Mission 7: Suffer With Me HD, YouTube (Nov. 14,
2012), https://www.youtube.com/watch?v=Nt8o-O7e7Yo.

MXE VIDEOS, Call of Duty: Black Ops 2 Mission 7: Suffer With Me HD, YouTube (Nov. 14,
2012), https://www.youtube.com/watch?v=Nt8o-O7e7Yo.

28
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 29 of 35

Call of Duty: Black Ops II

SycoSquirrelSSU, Call of Duty: Black Ops II Cordis Die, YouTube (Nov. 18, 2012),
https://www.youtube.com/watch?v=D6eQ6JfPz5U.

29
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 30 of 35

Call of Duty: Ghosts

Call of Duty: Ghosts by Activision, GameStop, http://www.gamestop.com/xbox-one/games/call-


of-duty-ghosts/109967 (last visited Nov. 6, 2017).

GameSpot, Call of Duty: Ghosts - Octane Multiplayer Map, YouTube (Aug. 15, 2013),
https://www.youtube.com/watch?v=aQUlcRqYMa8.

30
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 31 of 35

Call of Duty: Ghosts

GameSpot, Call of Duty: Ghosts - Octane Multiplayer Map, YouTube (Aug. 15, 2013),
https://www.youtube.com/watch?v=aQUlcRqYMa8.

GameSpot, Call of Duty: Ghosts - Octane Multiplayer Map, YouTube (Aug. 15, 2013),
https://www.youtube.com/watch?v=aQUlcRqYMa8.

31
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 32 of 35

Call of Duty: Ghosts

Ali-A, GHOSTS Map Guide - "OCTANE"! - FREE Care Package & Best Spots! (Call of Duty
Ghost), YouTube (Nov. 5, 2013), https://www.youtube.com/watch?v=oOaX81Lp0WM.

32
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 33 of 35
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 34 of 35

Call of Duty: Modern Warfare Remastered

Call of Duty: Modern Warfare Remastered by Activision, GameStop, http://www.gamestop.com/


xbox-one/games/call-of-duty-modern-warfare-remastered/150786 (last visited Nov. 6, 2017).

jordanxbrookes, Modern Warfare Remastered: "F.N.G." (MWR Campaign Walkthrough),


YouTube (Oct. 4, 2016), https://www.youtube.com/watch?v=Lx3n8vO6Kz8.

34
Case 1:17-cv-08644-GBD Document 1-11 Filed 11/07/17 Page 35 of 35

Call of Duty: Modern Warfare Remastered

ZowiezoJelle, 22 killstreak!! (Call Of Duty Modern Warfare Remastered), YouTube (Dec. 1,


2016), https://www.youtube.com/watch?v=q0feHWGnW6I.

35
Case 1:17-cv-08644-GBD Document 1-12 Filed 11/07/17 Page 1 of 5

Exhibit 12
012314526 789 7 88Document
Case 1:17-cv-08644-GBD   8 7 1-12
7
8 7
Filed !Page
11/07/17 "#$"%%&
2# '5
of
7899;<=>?@7;AA>BC?@DE?FE7899G;<G=>?@G7;AA>BC?@E7?GHE7899;<=>?@IEE7899;<=>?@<;K>ALDE?FE7899G;<G=>?@G<;K>ALE7?GHE7;=G<;K>ALI
EE7899;<=>?@A;=MKBN8K<8KMO<;K>ADE?FE7899G;<G=>?@GA;=MKBGN8K<8KMGOEP=GHE7;=GANOG<;K>AI
EEQ;N?QM<RST=;@;>UM?CB?;?QMQ>AVMM;B?QM<CKWWWDE?FE7899G;<G=>?@GA;=MKBGN8K<8KMGOEQ;NG?QMG<G=;G@;>GUM?GCB?;G?QMGQ>AVMMG;BG?QMG<CKL?G9MVM9EAG
HEXYOZX[Y\A]Z[^O[ZI

Q;N?QM<RST=;@;>UM?CB?;?QMQ>AVMM;B?QM<CKL?9MVM9
C_A8P;>??;Q8BUA@LM9<
DEaFEbcdeEfgdhiejkgldimndEbcdeGgoEZFppXqXI
rasjebccdllDEaFEbcdeEfgdhiejkgldimndEbcdeGgoEZFppXqXI
9MVM9]
9gtdcuY
Hjcacu]
Kdngcadedou]]G]]GOYYq

2222455024*30
DOFpVgdhcI

KduQ;N?QM<RST=;@;>UM?CB?;?QMQ>AVMM;B?QM<CKL?9MVM9
gvedilwajDsaaicuEExjyybvgawWxmlljkobawWxjyEaFE7mllGjkG=bawGAjodevGNmekmedGOEQ;NG?QMG<G=;G@;>GUM?GCB?;G?QMG
Q>AVMMG;BG?QMG<CKL?G9MVM9EyGiEXYOZX[Y\A]Z[^O[ZIrasjebccdll
zbcahmltasdedWWWCaajjtydmhsgld{bawjbjvlwsmfdajhmltvdmeasdsbyfddWWWQdndacgvasdedasdvWWW
()!*11"%%&#'+,,"-.&'"%1/1-"0&%!1-"0&%"))0#)+1213"+0..1".%44-"0&%1%2!!+12.123564531)0#!#1,2%2!!+121-+,!21)+1212 213
012314526 789 7 88Document
Case 1:17-cv-08644-GBD   8 7 1-12
7
8 7
Filed !Page
11/07/17 "#$"%%&
3# '5
of
89:;9<=>?9@A>BC?DEAF>CGH>9<=>?IAJ9KLLM;;NO
P:G?=Q>?AEERDF:89:;9<=>?9@A>BC?DEAF>CGH>9<=>?IAJ9KLLM;;NO
STUTSM
SAV>=WX
YD=:=WM
Z>HA=:>?>JWMXIMMI[XXN

2222455024*/6
8;XUA>B=O

Z>W\]^_\Tabcd]e]fgT_hi_]_\T\fjUTT]i_\ThZP_STUTS
Ak?>CFl:D8Q::C=W99mDnn<kA:lomGFFDEJ<:lomDn9:;9RGFFIDEId<:lIjDJ>?kI^G?EG?>I[9\]^I_\TIId]Ie]fIgT_Ihi_]I_\TI
\fjUTTI]iI_\TIhZP_ISTUTS9nIC9pX[KpqXrjMKqs[qKOt:QD?<==>FF
FDF
89:;9<=>?9@A>BC?DEAF>CGH>9<=>?IAJ9qL[pLqO
<t>ku89:;9<=>?9@A>BC?DEAF>CGH>9<=>?IAJ9qL[pLqO
STUTSM;
SAV>=WM
YD=:=WMXqN
Z>HA=:>?>JW[[IXNI[XMM

2222455052*55
8;XUA>B=O
()!*11"%%&#'+,,"-.&'"%1/1-"0&%!1-"0&%"))0#)+1213"+0..1".%44-"0&%1%2!!+12.123564531)0#!#1,2%2!!+121-+,!21)+1212 413
012314526 789 7 88Document
Case 1:17-cv-08644-GBD   8 7 1-12
7
8 7
Filed !Page
11/07/17 "#$"%%&
4# '5
of

789;<=>;?@ABCD<E<FG?>HI><>;?;FJK??<I>;?@H7L>M?K?M
NOP8QRSTUVWTTQX9YYZU[[\ONTS]Z^RRU_`\TS]ZU[YTaYb^RRcU_cD\TScJU`8POc=^P_^P8cdY;<=c>;?c@cD<cE<FcG?>cHI><c>;?c
;FJK??c<Ic>;?c@H7L>cM?K?MY[cQYefdgehfiJjghkdhglmTWUP\XX8RR

?QNZ@^NRn
VYTaY\X8PYoN8pQPU_NR8Q^q8Y\X8PcNYjargersl
c7tu=WNTRUZvhscVYTaY\X8PYoN8pQPU_NR8Q^q8Y\X8PcNYjargersl
M?K?Mk
MNv8X9f
wUXTX9hf
78qNXT8P8`9jkcjjcdffh

2222455054*36
VafKN8pXl

()!*11"%%&#'+,,"-.&'"%1/1-"0&%!1-"0&%"))0#)+1213"+0..1".%44-"0&%1%2!!+12.123564531)0#!#1,2%2!!+121-+,!21)+1212 613
012314526 789 7 88Document
Case 1:17-cv-08644-GBD   8 7 1-12
7
8 7
Filed !Page
11/07/17 "#$"%%&
5# '5
of

789;<=>;?@ABCD<E<FG?>HI><>;?;FJK??<I>;?@H7L>M?K?M
NOP8QRSTUVWTTQX9YYZU[[\ONTS]Z^RRU_`\TS]ZU[YTaYb^RRcU_cD\TScJU`8POc=^P_^P8cdY;<=c>;?c@cD<cE<FcG?>cHI><c>;?c
;FJK??c<Ic>;?c@H7L>cM?K?MY[cQYefdgehfiJjghkdhglmTWUP\XX8RR
nNP8ZTNUONZUOXWU\RQUQ\QoW8P8SU\O88`TUo^Rp]GUTW8P8TW8OoW8OO8^PTW8W\[q88NTXWU\R
^\TU[^TNZ^RRSr8TNOTW8W\[q88s
VYTaY\X8PYqN8oQPU_NR8Q^r8Y\X8PcNYdtdatadl
DNrNT^RuPN[8VYTaY\X8PYqN8oQPU_NR8Q^r8Y\X8PcNYdtdatadl
M?K?Mjg
MNp8X9f
uUXTX9jfaj
78rNXT8P8`9dfcfacdffv

2222455054*/2
VafKN8oXl

()!*11"%%&#'+,,"-.&'"%1/1-"0&%!1-"0&%"))0#)+1213"+0..1".%44-"0&%1%2!!+12.123564531)0#!#1,2%2!!+121-+,!21)+1212 313
Case 1:17-cv-08644-GBD Document 1-13 Filed 11/07/17 Page 1 of 13

Exhibit 13
Case 1:17-cv-08644-GBD Document 1-13 Filed 11/07/17 Page 2 of 13

Call of Duty: Modern Warfare 2 Reveal Trailer

Gamehelper, Call of Duty Modern Warfare 2 Reveal Trailer Full Version, YouTube (May 25,
2009), https://www.youtube.com/watch?v=XWIJTydRLt8.

2
Case 1:17-cv-08644-GBD Document 1-13 Filed 11/07/17 Page 3 of 13

Call of Duty: Modern Warfare 2 Launch Trailer

GamerSpawn, Call of Duty: Modern Warfare 2 Launch Trailer, YouTube (Nov. 5, 2009),
https://www.youtube.com/watch?v=AzwBeDV5IAY.

GamerSpawn, Call of Duty: Modern Warfare 2 Launch Trailer, YouTube (Nov. 5, 2009),
https://www.youtube.com/watch?v=AzwBeDV5IAY.

3
Case 1:17-cv-08644-GBD Document 1-13 Filed 11/07/17 Page 4 of 13

Call of Duty: Modern Warfare 2 Launch Trailer

GamerSpawn, Call of Duty: Modern Warfare 2 Launch Trailer, YouTube (Nov. 5, 2009),
https://www.youtube.com/watch?v=AzwBeDV5IAY.

GamerSpawn, Call of Duty: Modern Warfare 2 Launch Trailer, YouTube (Nov. 5, 2009),
https://www.youtube.com/watch?v=AzwBeDV5IAY.

4
Case 1:17-cv-08644-GBD Document 1-13 Filed 11/07/17 Page 5 of 13

Call of Duty: Modern Warfare 2 Launch Trailer

GamerSpawn, Call of Duty: Modern Warfare 2 Launch Trailer, YouTube (Nov. 5, 2009),
https://www.youtube.com/watch?v=AzwBeDV5IAY.

GamerSpawn, Call of Duty: Modern Warfare 2 Launch Trailer, YouTube (Nov. 5, 2009),
https://www.youtube.com/watch?v=AzwBeDV5IAY.

5
Case 1:17-cv-08644-GBD Document 1-13 Filed 11/07/17 Page 6 of 13

Call of Duty: Modern Warfare 2 Infamy Trailer

GamerSpawn, Call of Duty: Modern Warfare 2 Infamy Trailer, YouTube (Oct. 4, 2009),
https://www.youtube.com/watch?v=CbOWr1boplE.

GamerSpawn, Call of Duty: Modern Warfare 2 Infamy Trailer, YouTube (Oct. 4, 2009),
https://www.youtube.com/watch?v=CbOWr1boplE.

6
Case 1:17-cv-08644-GBD Document 1-13 Filed 11/07/17 Page 7 of 13

Call of Duty: Modern Warfare 2 Infamy Trailer

GamerSpawn, Call of Duty: Modern Warfare 2 Infamy Trailer, YouTube (Oct. 4, 2009),
https://www.youtube.com/watch?v=CbOWr1boplE.

GamerSpawn, Call of Duty: Modern Warfare 2 Infamy Trailer, YouTube (Oct. 4, 2009),
https://www.youtube.com/watch?v=CbOWr1boplE.

7
Case 1:17-cv-08644-GBD Document 1-13 Filed 11/07/17 Page 8 of 13

Call of Duty: Modern Warfare 2 Infamy Trailer

GamerSpawn, Call of Duty: Modern Warfare 2 Infamy Trailer, YouTube (Oct. 4, 2009),
https://www.youtube.com/watch?v=CbOWr1boplE.

GamerSpawn, Call of Duty: Modern Warfare 2 Infamy Trailer, YouTube (Oct. 4, 2009),
https://www.youtube.com/watch?v=CbOWr1boplE.

8
Case 1:17-cv-08644-GBD Document 1-13 Filed 11/07/17 Page 9 of 13

Call of Duty: Modern Warfare 2 Infamy Trailer

GamerSpawn, Call of Duty: Modern Warfare 2 Infamy Trailer, YouTube (Oct. 4, 2009),
https://www.youtube.com/watch?v=CbOWr1boplE.

GamerSpawn, Call of Duty: Modern Warfare 2 Infamy Trailer, YouTube (Oct. 4, 2009),
https://www.youtube.com/watch?v=CbOWr1boplE.

9
Case 1:17-cv-08644-GBD Document 1-13 Filed 11/07/17 Page 10 of 13

Call of Duty: Modern Warfare 3

Call of Duty, Official Call of Duty: Modern Warfare 3 Launch Trailer, YouTube (Apr. 17,
2012), https://www.youtube.com/watch?v=1xjCdN_rWCE.

Call of Duty, Official Call of Duty: Modern Warfare 3 Launch Trailer, YouTube (Apr. 17,
2012), https://www.youtube.com/watch?v=1xjCdN_rWCE.

10
Case 1:17-cv-08644-GBD Document 1-13 Filed 11/07/17 Page 11 of 13

Call of Duty: Modern Warfare 3

Call of Duty, Official Call of Duty: Modern Warfare 3 Redemption Single Player Trailer,
YouTube (Apr. 17, 2012), available at https://www.callofduty.com/mw3

Call of Duty MW3, https://www.callofduty.com/mw3 (last visited Nov. 6, 2017).

11
Case 1:17-cv-08644-GBD Document 1-13 Filed 11/07/17 Page 12 of 13

Promotional Infringing Vehicles

www.hummer-offroad.nl, HMMWV HUMVEE,s Call of duty Black Ops Den Haag.mpg,


YouTube (Nov. 12, 2010), https://www.youtube.com/watch?v=7d2TA4U-oAQ

www.hummer-offroad.nl, Call of Duty Promotie tour 2010 HMMWV HUMVEE HUMMER H1,
YouTube (Nov. 11, 2010), https://www.youtube.com/watch?v=9FfGxotrNO0

12
Case 1:17-cv-08644-GBD Document 1-13 Filed 11/07/17 Page 13 of 13

Promotional Infringing Vehicles

Promotie Call Off (sic) Duty MW3, Home of the Humvee (Nov. 8, 2011),
https://hummerhuren.wordpress.com/2011/11/08/promotie-call-off-duty-mw3/

13
Case 1:17-cv-08644-GBD Document 1-14 Filed 11/07/17 Page 1 of 5

Exhibit 14
Case 1:17-cv-08644-GBD Document 1-14 Filed 11/07/17 Page 2 of 5

Call of Duty MegaBloks

Armored Vehicle Charge Call of Duty, MEGA Shop, https://shop.megabrands.com/en-


ca/shop/construction-toys/call-of-duty/armored-vehicle-charge-dpb57 (last visited Nov. 6, 2017).

Armored Vehicle Charge Call of Duty, MEGA Shop, https://shop.megabrands.com/en-ca/shop/


construction-toys/call-of-duty/armored-vehicle-charge-dpb57 (last visited Nov. 6, 2017).

2
Case 1:17-cv-08644-GBD Document 1-14 Filed 11/07/17 Page 3 of 5
Case 1:17-cv-08644-GBD Document 1-14 Filed 11/07/17 Page 4 of 5

Call of Duty MegaBloks

Light Armor Firebase Call of Duty, MEGA Shop, https://shop.megabrands.com/en-us/shop/


construction-toys/call-of-duty/light-armor-firebase-dcl23 (last visited Nov. 6, 2017).

Light Armor Firebase Call of Duty, MEGA Shop, https://shop.megabrands.com/en-us/shop/


construction-toys/call-of-duty/light-armor-firebase-dcl23 (last visited Nov. 6, 2017).

4
Case 1:17-cv-08644-GBD Document 1-14 Filed 11/07/17 Page 5 of 5
Case 1:17-cv-08644-GBD Document 1-15 Filed 11/07/17 Page 1 of 10

Exhibit 15
Case 1:17-cv-08644-GBD Document 1-15 Filed 11/07/17 Page 2 of 10

Call of Duty: Modern Warfare 2 Players Guide

Phillip Marcus and the Sea Snipers, Call of Duty Modern Warfare 2 (2009).

Id. at 12.

2
Case 1:17-cv-08644-GBD Document 1-15 Filed 11/07/17 Page 3 of 10
Case 1:17-cv-08644-GBD Document 1-15 Filed 11/07/17 Page 4 of 10
Case 1:17-cv-08644-GBD Document 1-15 Filed 11/07/17 Page 5 of 10
Case 1:17-cv-08644-GBD Document 1-15 Filed 11/07/17 Page 6 of 10
Case 1:17-cv-08644-GBD Document 1-15 Filed 11/07/17 Page 7 of 10

Call of Duty: Modern Warfare 3 Players Guide

Michael Owen et al., Call of Duty MW3 (2011).

Id. at 12.

7
Case 1:17-cv-08644-GBD Document 1-15 Filed 11/07/17 Page 8 of 10
Case 1:17-cv-08644-GBD Document 1-15 Filed 11/07/17 Page 9 of 10
Case 1:17-cv-08644-GBD Document 1-15 Filed 11/07/17 Page 10 of 10
Case 1:17-cv-08644-GBD Document 1-16 Filed 11/07/17 Page 1 of 7

Exhibit 16
ase 1:17-cv-08644-GBD Document 1-16 Filed 11/07/17 Page 2 o
ase 1:17-cv-08644-GBD Document 1-16 Filed 11/07/17 Page 3 o
ase 1:17-cv-08644-GBD Document 1-16 Filed 11/07/17 Page 4 o
ase 1:17-cv-08644-GBD Document 1-16 Filed 11/07/17 Page 5 o
ase 1:17-cv-08644-GBD Document 1-16 Filed 11/07/17 Page 6 o
ase 1:17-cv-08644-GBD Document 1-16 Filed 11/07/17 Page 7 o
JS 44C/SDNY Case 1:17-cv-08644-GBD Document 1-17
CIVIL COVER Filed 11/07/17 Page 1 of 2
SHEET
REV. 06/01/17
The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or
other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the
United States in September 1974, is required for use of the Clerk of Court for the purpose of initiating the civil docket sheet.

PLAINTIFFS DEFENDANTS
AM General LLC Activision Blizzard, Inc.
Activision Publishing, Inc.
Major League Gaming Corp.
ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER ATTORNEYS (IF KNOWN)
Nicole M. Jantzi, McDermott Will & Emery LLP, The McDermott Building, 500
North Capitol Street, NW, Washington, DC 20001
202-756-8213

CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE)
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

15 U.S.C. 1051 et seq.; complaint for trademark/trade dress infringement, false designation of origin, false advertising, dilution, etc.

Judge Previously Assigned


Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY at any time? No Yes

If yes, was this case Vol. Invol. Dismissed. No Yes If yes, give date _______________________ & Case No. ______________________

IS THIS AN INTERNATIONAL ARBITRATION CASE? No Yes

(PLACE AN [x] IN ONE BOX ONLY) NATURE OF SUIT


TORTS ACTIONS UNDER STATUTES

CONTRACT PERSONAL INJURY PERSONAL INJURY FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES


[ ] 367 HEALTHCARE/
PHARMACEUTICAL PERSONAL [ ] 375 FALSE CLA MS
[ ] 110 INSURANCE [ ] 310 AIRPLANE [ ] 625 DRUG RELATED [ ] 422 APPEAL
[ ] 120 MAR NE [ ] 315 AIRPLANE PRODUCT NJURY/PRODUCT LIABILITY 28 USC 158 [ ] 376 QUI TAM
SEIZURE OF PROPERTY
[ ] 130 MILLER ACT LIAB LITY [ ] 365 PERSONAL INJURY 21 USC 881 [ ] 423 WITHDRAWAL [ ] 400 STATE
[ ] 140 NEGOTIABLE [ ] 320 ASSAULT, LIBEL & PRODUCT LIABILITY 28 USC 157 REAPPORTIONMENT
[ ] 690 OTHER
INSTRUMENT SLANDER [ ] 368 ASBESTOS PERSONAL [ ] 410 ANTITRUST
[ ] 150 RECOVERY OF [ ] 330 FEDERAL NJURY PRODUCT [ ] 430 BANKS & BANKING
OVERPAYMENT & EMPLOYERS' LIAB LITY PROPERTY RIGHTS [ ] 450 COMMERCE
ENFORCEMENT LIAB LITY [ ] 460 DEPORTATION
OF JUDGMENT [ ] 340 MARINE PERSONAL PROPERTY [ ] 820 COPYRIGHTS [ ] 470 RACKETEER INFLU-
[ ] 151 MEDICARE ACT [ ] 345 MARINE PRODUCT [ ] 830 PATENT ENCED & CORRUPT
[ ] 152 RECOVERY OF LIAB LITY [ ] 370 OTHER FRAUD ORGANIZATION ACT
[ ] 835 PATENT-ABBREVIATED NEW DRUG APPLICATION
DEFAULTED [ ] 350 MOTOR VEHICLE [ ] 371 TRUTH IN LENDING (RICO)
STUDENT LOANS [ ] 355 MOTOR VEHICLE [] 840 TRADEMARK [ ] 480 CONSUMER CREDIT
(EXCL VETERANS) PRODUCT LIABILITY SOCIAL SECURITY [ ] 490 CABLE/SATELLITE TV
[ ] 153 RECOVERY OF [ ] 360 OTHER PERSONAL
OVERPAYMENT NJURY [ ] 380 OTHER PERSONAL LABOR [ ] 861 HIA (1395ff) [ ] 850 SECURITIES/
OF VETERAN'S [ ] 362 PERSONAL INJURY - PROPERTY DAMAGE [ ] 862 BLACK LUNG (923) COMMODIT ES/
BENEFITS MED MALPRACTICE [ ] 385 PROPERTY DAMAGE [ ] 710 FA R LABOR [ ] 863 DIWC/DIWW (405(g)) EXCHANGE
[ ] 160 STOCKHOLDERS PRODUCT LIABILITY STANDARDS ACT [ ] 864 SSID TITLE XVI
SUITS [ ] 720 LABOR/MGMT [ ] 865 RSI (405(g))
[ ] 190 OTHER PRISONER PETITIONS RELATIONS [ ] 890 OTHER STATUTORY
CONTRACT [ ] 463 AL EN DETAINEE [ ] 740 RAILWAY LABOR ACT ACTIONS
[ ] 195 CONTRACT [ ] 510 MOTIONS TO [ ] 751 FAMILY MEDICAL FEDERAL TAX SUITS [ ] 891 AGRICULTURAL ACTS
PRODUCT ACTIONS UNDER STATUTES VACATE SENTENCE LEAVE ACT (FMLA)
LIABILITY 28 USC 2255 [ ] 870 TAXES (U.S. Plaintiff or
[ ] 196 FRANCHISE CIVIL RIGHTS [ ] 530 HABEAS CORPUS [ ] 790 OTHER LABOR Defendant) [ ] 893 ENVIRONMENTAL
[ ] 535 DEATH PENALTY LITIGATION [ ] 871 IRS-THIRD PARTY MATTERS
[ ] 540 MANDAMUS & OTHER [ ] 791 EMPL RET NC 26 USC 7609 [ ] 895 FREEDOM OF
[ ] 440 OTHER CIVIL RIGHTS
SECURITY ACT (ERISA) INFORMATION ACT
(Non-Prisoner)
REAL PROPERTY [ ] 896 ARBITRATION
[ ] 441 VOTING IMMIGRATION [ ] 899 ADMINISTRATIVE
[ ] 210 LAND [ ] 442 EMPLOYMENT PRISONER CIVIL RIGHTS
CONDEMNATION [ ] 443 HOUSING/ [ ] 462 NATURALIZATION PROCEDURE ACT/REVIEW OR
[ ] 220 FORECLOSURE ACCOMMODATIONS [ ] 550 CIV L RIGHTS APPLICATION APPEAL OF AGENCY DECISION
[ ] 230 RENT LEASE & [ ] 445 AMERICANS WITH [ ] 555 PRISON CONDITION [ ] 465 OTHER MMIGRATION [ ] 950 CONSTITUTIONALITY OF
EJECTMENT DISAB LITIES - [ ] 560 CIV L DETAINEE ACTIONS
EMPLOYMENT STATE STATUTES
[ ] 240 TORTS TO LAND CONDITIONS OF CONFINEMENT
[ ] 245 TORT PRODUCT [ ] 446 AMERICANS WITH
LIABILITY DISAB LITIES -OTHER
[ ] 290 ALL OTHER [ ] 448 EDUCATION
REAL PROPERTY

Check if demanded in complaint:


DO YOU CLAIM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.
CHECK IF THIS IS A CLASS ACTION AS DEFINED BY LOCAL RULE FOR DIVISION OF BUSINESS 13?
UNDER F.R.C.P. 23 IF SO, STATE:

DEMAND $______________ OTHER ______________ JUDGE _________________________________ DOCKET NUMBER_________________

Check YES only if demanded in complaint


JURY DEMAND: YES NO NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).
Case 1:17-cv-08644-GBD Document 1-17 Filed 11/07/17 Page 2 of 2