Digital Chocolate V Zynga Complaint

1 NATURE OF THE ACTION
2 1. Plaintiff Digital Chocolate, Inc. (“Digital Chocolate”) is a leading developer and

3 publisher of innovative games played by individuals in more than 53 countries on mobile devices,
4 online social networks, and other platforms. Since 2004, Digital Chocolate has offered for sale a
5 popular action game under the mark MAFIA WARS. Notwithstanding Digital Chocolate’s well-
6 known and longstanding use of the MAFIA WARS mark, in September 2008 Defendant Zynga
7 Game Network Inc. (“Defendant” or “Zynga”) introduced a competing game under the mark
8 MAFIA WARS.
9 2. Digital Chocolate has repeatedly objected to Zynga’s ongoing use of the MAFIA
10 WARS mark, but despite Digital Chocolate’s notices and demands, Zynga has persisted in
11 offering its game under the MAFIA WARS mark. Although in May 2009 Zynga expressly
12 assured Digital Chocolate, in writing, that “Zynga does not claim trademark rights in MAFIA
13 WARS,” just two months later Zynga filed an application with the United States Patent and
14 Trademark Office (“USPTO”) seeking to register MAFIA WARS as its trademark. Despite being
15 on notice of Digital Chocolate’s senior rights and infringement claim, Zynga repeatedly
16 misrepresented to the USPTO that no other entity owned or claimed rights in the MAFIA WARS
17 mark.
18 3. Through duplicity and bad faith, Zynga has effectively hijacked the MAFIA
19 WARS mark from Digital Chocolate and is aggressively marketing its games under the MAFIA
20 WARS mark to Digital Chocolate’s substantial detriment. To protect its intellectual property
21 rights and prevent Zynga from benefitting from its wrongful conduct, Digital Chocolate has
22 initiated this action.
23 THE PARTIES
24 4. Plaintiff Digital Chocolate, Inc. (“Digital Chocolate”) is a Delaware corporation
25 having its principal place of business at 1855 South Grant Street, San Mateo, California 94402-
26 7017.
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2 DIGITAL CHOCOLATE, INC.’S COMPLAINT
1 5. Digital Chocolate is informed and believes, and based thereon alleges that
2 Defendant Zynga Game Network Inc. is a Delaware corporation having its principal place of
3 business at 365 Vermont Street, San Francisco, California 94103.
4 JURISDICTION AND VENUE
5 6. This Court has jurisdiction of this action under 15 U.S.C. §§ 1119, 1121, and
6 1125, and 28 U.S.C. §§ 1331, 1338, and 1367. This action is filed, inter alia, under the United
7 States Trademark Act of July 5, 1946, as amended, 15 U.S.C. § 1501 et seq. (the “Lanham Act”).
8 7. This Court has personal jurisdiction over Defendant because, inter alia, Defendant
9 maintains its principal place of business in California.
10 8. Venue is proper in this District pursuant to 28 U.S.C. § 1391, as both parties
11 maintain their principal place of business in this District and a substantial part of the events
12 giving rise to the claims alleged herein occurred in this District.
13 INTRA-DISTRICT ASSIGNMENT
14 9. This is an Intellectual Property Action within the meaning of Civil Local Rule 3-
15 2(c), and is to be assigned on a District-wide basis accordingly.
16 GENERAL ALLEGATIONS
17 DIGITAL CHOCOLATE AND ITS MAFIA WARS MARK
18 10. Digital Chocolate is a developer and publisher of popular mass market games and
19 social networking applications which are made available to consumers through a variety of
20 platforms, including mobile phones, the Internet, social networking services, and game consoles.
21 Founded in 2003, Digital Chocolate rapidly developed a reputation as a producer of high-quality
22 and popular multi-platform games. Via partnerships with leading distributors, Digital
23 Chocolate’s products are available throughout the United States and around the world. Digital
24 Chocolate has engaged in strategic acquisitions to expand its distribution and product offerings
25 and, in June 2004, acquired Sumea Interactive Ltd. (“Sumea”), a premier game developer based
26 in Finland. That acquisition expanded Digital Chocolate’s reach to 110 distribution partners in
27 more than 53 countries on 5 continents.
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1 11. In 2004, Digital Chocolate adopted and began using the mark MAFIA WARS in
2 the United States and throughout the world in connection with a new game developed by its
3 wholly owned subsidiary, Digital Chocolate, Ltd. MAFIA WARS is a story-driven action game
4 in which the player takes on the character of an aspiring member of a fictional crime syndicate.
5 The game requires players to complete gangster-related tasks and assignments (known as
6 “missions”) in order to advance their standing within the criminal organization. Digital
7 Chocolate’s MAFIA WARS game quickly became popular and developed a reputation for
8 offering a rich game playing environment, compelling storyline, and rewarding challenges.
9 Digital Chocolate’s MAFIA WARS game also has been highly rated and favorably reviewed in
10 the industry press. (See, e.g., June 27, 2005 review by IGN Entertainment, a true and correct
11 copy of which is attached as Exhibit A and incorporated by reference as though set forth herein.)
12 12. Given the early success of its initial MAFIA WARS game, Digital Chocolate
13 subsequently released a number of sequels under the MAFIA WARS brand. These include
14 MAFIA WARS “Scarlotti’s War,” launched in July 2005; MAFIA WARS “Yakuza Wars,”
15 launched in January 2007; and MAFIA WARS NEW YORK, launched in April 2009. The
16 sequels are also story-driven action games where the player takes on the role of a figure in a
17 fictional organized crime syndicate. The games have enjoyed success comparable to that of the
18 original, and have been widely downloaded throughout the United States and the world.
19 13. Indeed, nearly two million consumers worldwide have downloaded Digital
20 Chocolate’s MAFIA WARS games, including hundreds of thousands of users in the United
21 States.
22 14. As a result of the consumer appeal and popularity of its MAFIA WARS game
23 series, Digital Chocolate’s MAFIA WARS mark has come to embody the reputation and goodwill
24 Digital Chocolate has earned in the marketplace for producing high quality products. The
25 MAFIA WARS mark is therefore a valuable asset of Digital Chocolate.
26 ZYNGA GAME NETWORK’S INFRINGING MAFIA WARS MARK
28 Defendant is a developer and distributor of games available through various computer, online,
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1 and mobile phone platforms. Defendant was founded in 2007 and has subsequently produced
2 several game products. In or about September 2008, well after Digital Chocolate introduced three
3 game titles in its MAFIA WARS series, Defendant introduced and began selling a game under the
4 mark MAFIA WARS and subsequently expanded its use of the MAFIA WARS mark to related
5 products and services. As it has grown in dominance in the game industry, Zynga has garnered a
6 reputation for its predatory business and suspect marketing tactics. (See, e.g., Zynga’s Secret To
7 Success: Steal Great Ideas!, http://www.businessinsider.com/how-zynga-is-just-like-microsoft-
8 2010-1; Zynga Guerilla Marketing Ploy Gets Legal Response, http://www.sfgate.com/cgi-
9 bin/blogs/cityinsider/detail?entry_id=70526&tsp=1, true and correct copies of which are attached
10 as Exhibit B and incorporated by reference as though set forth herein.)
11 16. Defendant’s MAFIA WARS game is similar to Digital Chocolate’s MAFIA
12 WARS game in that players must complete various tasks and activities in order to advance their
13 status (or level) within a fictional crime organization. Subsequent versions of Defendant’s game
14 have taken place in a number of virtual “locales” including Bangkok, where users can join the
15 Yakuza crime syndicate (similar to Digital Chocolate’s MAFIA WARS “Yakuza Wars” game),
16 and New York (similar to Digital Chocolate’s MAFIA WARS NEW YORK game).
17 17. Since introducing its game in 2008, Defendant has utilized its substantial financial
18 resources to market its MAFIA WARS games broadly and also has introduced and marketed
19 associated virtual goods and other related products and services via a variety of platforms,
20 including social game networks, mobile phone platforms, and the Internet. Defendant’s
21 marketing has expanded well beyond these platforms however, and in June 2010 Defendant
22 launched a multi-million dollar marketing campaign with 7-Eleven, whereby its MAFIA WARS
23 games were promoted throughout over 7,000 convenience stores nationwide. Customers were
24 invited to redeem codes found on MAFIA WARS branded products available at those stores for
25 limited edition MAFIA WARS virtual goods and merchandise. True and correct copies of online
26 articles describing the breadth of Defendant’s advertising and promotion campaign are attached
27 as Exhibit C and incorporated by reference as though set forth herein.
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1 18. As a result of its aggressive marketing, Defendant has enjoyed substantial success
2 in the marketplace for its MAFIA WARS products and services, claiming over 1.1 million daily
3 active users of its MAFIA WARS game as of February 2009, over 4 million daily active users as
4 of July 2009, and more than 7 million daily active users as of December 2009.
6 Defendant has earned substantial revenue from sales of its MAFIA WARS games and related
7 virtual goods and associated merchandise. Accordingly, Defendant has profited unjustly through
8 its misappropriation of Digital Chocolate’s MAFIA WARS mark.
9 ZYNGA’S BAD FAITH USE OF THE MAFIA WARS MARK
10 20. On January 21, 2009, Digital Chocolate gave Defendant written notice of its senior
11 rights in the MAFIA WARS mark, which include Digital Chocolate’s registration for the MAFIA
12 WARS mark in the European Community, and demanded that Defendant immediately cease and
13 desist its use of the MAFIA WARS mark. A true and correct copy of this correspondence is
14 attached hereto as Exhibit D and incorporated by reference as though set forth herein.
15 21. On or about May 5, 2009, counsel for Defendant responded to Digital Chocolate’s
16 January 21 letter and stated:
17 Zynga does not claim Mafia Wars as a trademark. Zynga uses the term “Mafia
Wars” to describe the genre of Zynga’s game MAFIA WARS from ZYNGA or
18 ZYNGA MAFIA WARS. Zynga disclaims any trademark rights in the term
“Mafia Wars” in connection with its game.
19
Despite Zynga’s position that its use of Mafia Wars does not infringe your client’s
20 trademark, Zynga would be willing to forego claiming trademark rights in the
term MAFIA WARS in the EC and will undertake not to use the term on
21 materials that are targeted at and distributed in the EC.
22 A true and correct copy of this correspondence is attached hereto as Exhibit E and incorporated
23 by reference as though set forth herein.
24 22. In direct contradiction to the representations made in its May 2009 letter to Digital
25 Chocolate, Defendant continued to make its MAFIA WARS game available in multiple European
26 jurisdictions through Apple’s iTunes online stores and the Facebook social networking service.
27 Moreover, despite being on notice of Digital Chocolate’s senior trademark registration for the
28 MAFIA WARS trademark in the EU, Defendant filed a trademark application for MAFIA WARS
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1 in the United Kingdom, a member country of the European Community.
2 23. On June 11, 2009, Defendant initiated an action in this District for trademark
3 infringement and false advertising against Playdom, Inc. based on Defendant’s purported rights in
4 the MAFIA WARS mark. Defendant’s allegations in that proceeding included the following
5 misleading and false claims:
6 Mafia Wars is one of Zynga’s most popular games, with over 2.5 million daily
users. Zynga has invested significant resources in developing and promoting
7 Mafia Wars, and users have come to associate the game, the name, and the
trademark “Mafia Wars” with a high standard of quality and innovation. Zynga is
8 the senior user of the “Mafia Wars” mark. (Emphasis added.)
9 A true and correct copy of the Complaint in that proceeding is attached hereto as Exhibit F and
10 incorporated by reference as though set forth herein.
11 24. On or about July 1, 2009, Zynga filed a U.S. trademark application to register a
12 stylized version of the MAFIA WARS trademark for “downloadable computer game software for
13 use on wireless devices and computers” in Class 9, and “entertainment services, namely,
14 providing on-line computer games” in Class 41. A true and correct copy of the USPTO record
15 reflecting the status of this application is attached as Exhibit G and incorporated by reference as
16 though set forth herein.
17 25. In filing the foregoing trademark application, Defendant repeatedly attested to the
18 following under penalty of perjury:
19 The undersigned, being hereby warned that willful false statements and the like so
made are punishable by fine or imprisonment, or both . . . declares that he/she is
20 properly authorized to execute this application on behalf of the applicant; he/she
believes the applicant to be the owner of the trademark/service mark sought to be
21 registered . . .; to the best of his/her knowledge and belief no other person, firm,
corporation or association has the right to use the mark in commerce, either in
22 the identical form thereof or in such near resemblance thereto as to be likely . . .
to cause confusion, or to cause mistake, or to deceive . . . . (Emphasis added.)
23
24 A true and correct copy of the application containing this declaration is attached hereto as Exhibit
25 H and incorporated by reference as though set forth herein. The declaration in this application
26 was executed by the same attorney who only two months earlier wrote (in the May 5, 2009 letter
27 to Digital Chocolate) that Zynga “does not claim Mafia Wars as a trademark” and “disclaims any
28 trademark rights in the term ‘Mafia Wars’ in connection with its game.” (See Exhibit E.) By the
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1 time it filed its U.S. MAFIA WARS application, Defendant was on notice of Digital Chocolate’s
2 senior rights in the MAFIA WARS mark, rendering its affirmations to the USPTO fraudulent.
3 Defendant made this same affirmation to the USPTO on two subsequent occasions, true and
4 correct copies of which are attached as Exhibits I and J and incorporated by reference as though
5 set forth herein.
6 26. On or about January 4, 2010, Defendant applied to expand protection of its
7 MAFIA WARS trademark to Australia, China, Japan, and South Korea, under the Madrid
8 Protocol, on the basis of its fraudulent U.S. trademark application. A true and correct copy of the
9 WIPO record reflecting the current status of Defendant’s Madrid Protocol filing is attached as
10 Exhibit K and incorporated by reference as though set forth herein. Defendant also filed separate
11 applications in the United Kingdom, Canada, and New Zealand, claiming the asserted priority
12 date of its U.S. trademark application. True and correct copies of the online database records
13 reflecting the current status of these filings are attached hereto as Exhibits L, M, and N,
14 respectively, and incorporated by reference as though set forth herein.
15 27. On or about March 26, 2010, Defendant filed a second application in the United
16 States to register its MAFIA WARS mark in connection with additional goods, including “art
17 paper, decals, gift bags, greeting cards, memo pads, stationery, stickers, toilet paper, wrapping
18 paper, and writing paper” in Class 16; “beer mugs, beverage glassware, beverage stirrers, bottle
19 openers, bowls, coffee cups, tea cups and mugs, containers for ice, dishes, flower pots, napkin
20 holders, pans, salt shakers, and tooth brushers” in Class 21; and “clothing, namely t-shirts,
21 sweatshirts, hooded pullovers, tank tops, footwear, socks, jackets, button down shirts, polo shirts,
22 dresses, skirts, jeans, shorts, sweatpants, neckties, aprons, belts, gloves, jerseys, baseball caps and
23 hats, and headwear” in Class 25. A true and correct copy of the USPTO record reflecting this
24 application is attached hereto as Exhibit O and incorporated by reference as though set forth
25 herein. Defendant again affirmed under oath in its application that “no other person, firm,
26 corporation or association has the right to use the mark in commerce, either in the identical form
27 thereof or in such near resemblance thereto as to be likely . . . to cause confusion, or to cause
28 mistake, or to deceive.” A true and correct copy of Defendant’s affirmation to that effect is
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1 attached hereto as Exhibit P and incorporated by reference as though set forth herein.
2 28. Defendant’s knowing submission of false and misleading statements to the
3 USPTO in the prosecution of its applications renders the applications void on the grounds of
4 fraud. Registration of Defendant’s pending MAFIA WARS trademark applications should be
5 refused accordingly.
6 29. In light of Defendant’s continued use and exploitation of the MAFIA WARS
7 mark, representatives of Digital Chocolate sent repeated communications to Defendant in the
8 months following Defendant’s May 5, 2009 letter in a further effort to obtain Defendant’s
9 agreement to cease use of the mark. Defendant, however, refused to cease use of the mark and
10 failed to provide any justification for its continued use and promotion of the MAFIA WARS
11 mark, expansion of its MAFIA WAR game offerings, and aggressive claim of rights in the mark.
12 30. On or about March 11, 2010, Defendant initiated another trademark infringement
13 action in this District, again based on its purported rights in the MAFIA WARS mark. Despite its
14 communications with Digital Chocolate regarding Digital Chocolate’s prior use of the MAFIA
15 WARS mark for its games, Zynga submitted the following false and misleading allegations in that
16 proceeding:
17 Zynga coined the service mark MAFIA WARS and has made use of the service
mark MAFIA WARS in commerce since September 2008. Zynga coined the
18 trademark MAFIA WARS and has made use of the trademark MAFIA WARS in
commerce since April 2009.
19
***
20
The mark MAFIA WARS is inherently distinctive, and furthermore, by virtue of
21 the extensive online sales and advertising under the mark MAFIA WARS, the
MAFIA WARS mark has become well-known within social gaming circles as a
22 source identifier for [Zynga’s] game. (Emphasis added.)
23 A true and correct copy of this Complaint is attached hereto as Exhibit Q and incorporated by
24 reference as though set forth herein.
25 31. Defendant’s adoption of Digital Chocolate’s mark has caused actual consumer
26 confusion in the marketplace. Indeed, Digital Chocolate has received inquiries from consumers
27 who are confused as to the source of the parties’ respective games.
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1 32. In a good faith effort to resolve this matter, Digital Chocolate has attempted to
2 engage Defendant multiple times. In response, Defendant has made false promises of cooperation
3 and offered lip service that it respected Digital Chocolate’s rights in the MAFIA WARS mark.
4 Zynga’s bad faith is demonstrated by actions that belie its pretense of good faith; among other
5 acts, Zynga filed an application for MAFIA WARS in the U.K. and in several other countries
6 around the world (while engaged in discussions with Digital Chocolate); Zynga continued to
7 zealously market and expand use of the MAFIA WARS mark in connection with its games and
8 related products; and Zynga falsely claimed to the public, the USPTO, and the courts that it
9 “coined” the MAFIA WARS mark and owns superior rights in the mark. Zynga’s wrongful
10 misappropriation of Digital Chocolate’s MAFIA WARS mark has damaged Digital Chocolate’s
11 rights, goodwill, and revenue associated with its MAFIA WARS games.
12 FIRST CAUSE OF ACTION
13 FEDERAL TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION, 15 U.S.C. § 1125
14 33. Digital Chocolate incorporates by reference paragraphs 1 through 32, inclusive, as
15 if fully set forth herein.
16 34. Digital Chocolate began offering games and related services under the MAFIA
17 WARS mark in the United States in 2004 and has used the MAFIA WARS mark continuously in
18 United States commerce since that time.
19 35. Digital Chocolate’s MAFIA WARS goods and services are made available in the
20 United States on its website at http://digitalchocolate.com and through mobile network operators.
21 36. Digital Chocolate has invested substantial time, effort, and financial resources in
22 the development, promotion, and sale of its MAFIA WARS games in interstate commerce in the
23 United States. The MAFIA WARS mark has become, through widespread and favorable public
24 acceptance and recognition, an asset of substantial value as a symbol of Digital Chocolate, its
25 quality products and services, and its goodwill.
26 37. Notwithstanding Digital Chocolate’s rights in the MAFIA WARS mark, beginning
27 in or about September 2008 Defendant adopted and began to use the identical MAFIA WARS
28 mark in interstate commerce in connection with the sale and offering for sale of its games and
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1 ancillary products and services.
3 Defendant adopted the MAFIA WARS mark with knowledge of Digital Chocolate’s MAFIA
4 WARS mark and, without Digital Chocolate’s consent and in contravention of Digital
5 Chocolate’s rights, has continued to use that mark in connection with the sale, offering for sale,
6 distribution, and promotion of its goods and services.
7 39. Defendant’s MAFIA WARS mark is identical to Digital Chocolate’s MAFIA
8 WARS mark in appearance, sound, and meaning; is being used in connection with the same type
9 of goods and services as those offered by Digital Chocolate; is being offered through the same
10 channels of trade, i.e., mobile telephone platforms and the Internet; and targets the same
11 consumer market.
12 40. The instantaneous nature of Internet navigation, the speed at which people
13 navigate and are presented with advertisements, images and/or data on the Internet, and the speed
14 at which consumers perform transactions on the Internet, all tend to increase the risk of confusion
15 or mistake about the source of a product or service.
16 41. Defendant has misrepresented the nature of its rights in the MAFIA WARS mark
17 to the USPTO in its efforts to secure registration of the mark, such that its pending applications
18 should be declared void ab initio for fraud.
19 42. Defendant’s continued use of the MAFIA WARS mark has injured and will
20 continue to injure Digital Chocolate by causing a likelihood that the public will continue to be
21 confused into believing that the goods or services provided by Defendant are endorsed or
22 sponsored by Digital Chocolate and constitutes trademark infringement and unfair competition in
23 violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
24 43. Digital Chocolate has no control over the nature and quality of the goods and
25 services offered by Defendant under the MAFIA WARS mark, and Digital Chocolate’s reputation
26 and goodwill will be damaged and the value of its common law MAFIA WARS mark jeopardized
27 by Defendant’s continued use of the MAFIA WARS name and mark.
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1 44. Because of the actual confusion and the likelihood of continued confusion between
2 the parties’ marks, defects, objections, or faults found with Defendant’s products and services
3 offered under the MAFIA WARS mark could negatively reflect upon and injure the reputation
4 that Digital Chocolate has established for the services it offers in connection with its MAFIA
5 WARS mark.
6 45. In the alternative, the confusion created by Defendant’s adoption of the MAFIA
7 WARS mark and aggressive promotion of its MAFIA WARS products and services has
8 overwhelmed the market presence of Digital Chocolate’s MAFIA WARS game, resulting in
9 reverse confusion. Defendant’s acts as alleged herein could cause consumers to believe that
10 Digital Chocolate is the unauthorized infringer of Zynga’s purported MAFIA WARS mark,
11 resulting in injury to Digital Chocolate’s reputation and goodwill in its business and MAFIA
12 WARS mark.
13 46. Defendant’s acts as alleged above, if not enjoined, will continue. Digital
14 Chocolate has no adequate remedy at law in that the amount of its damages is difficult to
15 ascertain with specificity.
16 47. As a result of Defendant’s infringement of Digital Chocolate’s marks, Digital
17 Chocolate has incurred damages in an amount to be proven at trial consisting of, among other
18 things, diminution in the value of and goodwill associated with the marks.
19 48. Defendant’s unauthorized use of the MAFIA WARS mark in interstate commerce
20 as described herein constitutes trademark infringement and unfair competition under 15 U.S.C. §
21 1125(a), as it is likely to cause consumer confusion, mistake, or deception.
22 SECOND CAUSE OF ACTION
23 FEDERAL FALSE DESIGNATION OF ORIGIN, 15 U.S.C. § 1125
26 50. In connection with Defendant’s goods and services, Defendant has used in
27 commerce and without Digital Chocolate’s authorization or consent the MAFIA WARS mark for
28 game products and services, which is identical to Digital Chocolate’s MAFIA WARS mark for
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1 game products and services in appearance, sound, meaning, and commercial impression.
2 51. Such acts have caused confusion, and are likely to continue to cause confusion and
3 deception among the purchasing public and/or are likely to lead the consuming public to believe
4 that Digital Chocolate has authorized, approved or somehow sponsored Defendant’s MAFIA
5 WARS products and services.
6 52. Defendant’s unauthorized sale and marketing of its products and services in
7 interstate commerce using the MAFIA WARS mark constitutes a use of a false designation of
8 origin or false representation that wrongfully and falsely designates Defendant’s products as
9 originating from or connected with Digital Chocolate, and constitutes the use of false descriptions
10 or representations in interstate commerce in violation of 15 U.S.C. § 1125(a).
11 53. Defendant’s false designation of origin and false description through its use of the
12 MAFIA WARS mark has caused, and if not enjoined will continue to cause, irreparable and
13 continuing harm to Digital Chocolate’s marks, business, reputation, and goodwill, for which
14 Digital Chocolate has no adequate remedy at law.
15 54. As a direct and proximate result of Defendant’s wrongful use of the MAFIA
16 WARS mark, Digital Chocolate has been and will continue to be damaged by, without limitation,
17 the diminution in the value of its trademarks, reputation, business, and goodwill in an amount to
18 be proven at trial.
20 Defendant adopted the MAFIA WARS mark with knowledge of Digital Chocolate’s MAFIA
21 WARS mark, and with the intent to create a likelihood of confusion with regard to and/or trade
22 off of Digital Chocolate’s MAFIA WARS mark.
23 THIRD CAUSE OF ACTION
24 VIOLATION OF ANTI-CYBERSQUATTING CONSUMER PROTECTION ACT, 15 U.S.C. § 1125(D)
28 Defendant acquired the MAFIAWARS.COM domain name in July 2009, and that Defendant
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1 subsequently made use of the MAFIAWARS.COM domain name. True and correct copies of the
2 domain name registration records for MAFIAWARS.COM reflecting the acquisition are attached
3 hereto as Exhibit R and incorporated herein by reference. True and correct print-screens of the
4 website affiliated with the MAFIAWARS.COM domain name as of August 5, 2010, reflecting
5 Defendant’s use of the domain name, are attached hereto as Exhibit S and incorporated herein by
6 reference.
7 58. Digital Chocolate began using the distinctive MAFIA WARS mark almost five
8 years prior to Defendant’s acquisition of the MAFIAWARS.COM domain name. By the time
9 Defendant acquired the MAFIAWARS.COM domain name, the MAFIA WARS mark was widely
10 recognized as an indicator of source for Digital Chocolate’s games.
11 59. Defendant’s MAFIAWARS.COM domain name is identical to Digital Chocolate’s
12 MAFIA WARS trademark.
13 60. Digital Chocolate is informed and believes and thereon alleges that Defendant
14 acquired and has used the MAFIAWARS.COM domain name with a bad faith intent to profit
15 from Digital Chocolate’s MAFIA WARS mark.
16 61. Defendant’s actions have caused, and continue to cause, great and irreparable
17 injury to Digital Chocolate. Unless these acts are restrained by this Court, they will continue, and
18 Digital Chocolate will continue to suffer such injury.
19 62. Digital Chocolate is entitled to cancellation of Defendant’s MAFIAWARS.COM
20 domain name registration and transfer of the domain name to Digital Chocolate, along with
21 monetary compensation and statutory penalties pursuant to the Anti-Cybersquatting Consumer
22 Protection Act, 15 U.S.C. § 1125(d).
23 FOURTH CAUSE OF ACTION
24 COMMON LAW TRADEMARK INFRINGEMENT
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1 64. Defendant’s acts alleged herein and specifically, without limitation, Defendant’s
2 use of the MAFIA WARS mark, infringe Digital Chocolate’s exclusive trademark rights in the
3 MAFIA WARS mark, in violation of the common law.
4 65. Defendant’s acts as alleged above, if not enjoined, will continue. Digital
5 Chocolate has no adequate remedy at law in that the amount of its damages is difficult to
6 ascertain with specificity.
7 66. As a result of Defendant’s acts as alleged above, Digital Chocolate has incurred
8 damages in an amount to be proven at trial consisting of, among other things, diminution in the
9 value of the goodwill associated with Digital Chocolate’s marks.
10 FIFTH CAUSE OF ACTION
11 COMMON LAW UNFAIR COMPETITION
15 Defendant has engaged in and continues to engage in unfair competition by using the MAFIA
16 WARS mark with the intention of interfering with and trading on the business reputation and
17 goodwill engendered by Digital Chocolate in the MAFIA WARS mark through Digital
18 Chocolate’s hard work and diligent effort.
19 69. Defendant’s acts have caused Digital Chocolate competitive injury, as described
20 herein, and specifically have caused Digital Chocolate to incur damages in an amount to be
21 proven at trial consisting of, among other things, diminution in the value of and goodwill
22 associated with Digital Chocolate’s marks.
23 70. Defendant’s acts as alleged above, and specifically, without limitation,
24 Defendant’s use of the MAFIA WARS mark, if not enjoined, will continue. Digital Chocolate
25 has no adequate remedy at law in that the amount of its damages is difficult to ascertain with
26 specificity.
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1 SIXTH CAUSE OF ACTION
2 STATE UNFAIR COMPETITION, CAL. BUS. & PROF. CODE §§ 17200, ET SEQ.
5 72. By the acts described herein, Zynga has engaged in unlawful and unfair business
6 practices that have injured and will continue to injure Digital Chocolate in its business and
7 property, in violation of California Business and Professions Code §§ 17200 et seq.
8 73. Defendant’s acts alleged herein have caused monetary damages to Digital
9 Chocolate in an amount to be proven at trial, and have caused, and will continue to cause,
10 irreparable injury to Digital Chocolate and its business, reputation, and trademarks, unless and
11 until Defendant is permanently enjoined.
12 74. As a direct and proximate result of Defendant’s conduct alleged herein, Defendant
13 has been unjustly enriched and should be ordered to disgorge any and all profits earned as a result
14 of such unlawful conduct.
15 PRAYER FOR RELIEF

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

COOLEY LLP
ATTORNEYS AT LAW
EXHIBIT A
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Mafia Wars (2004) Wireless

Like 1 pRelease Date: January 01, 2004 More Info
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Mafia Wars LIKE THIS ARTICLE
Sumea has an offer that you may or may not be able to refuse. Like You and 2 others like this.2 people like this.
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American pop culture has embraced the Mafia -- romanticized

by Levi Buchanan
organized crime has never looked better through the eyes of
Hollywood, save for the warts-and-all "Sopranos." Sumea,
LATEST IMAGES part of the Digital Chocolate family, has taken on a snippet of
the mythos -- the high-rolling 1920s -- for the setting of their
action/adventure game. You are a young hoodlum yearning to
work your way up through the ranks of the mob. The best way
to reach the top of La Costa Nostra is via successfully
performing a series of jobs at the Don's request.
Your reputation and ranking is directly affected by your actions.

For example, every time you slaughter a handful of brown-
suited rival gang members, your stature increases. Every time
GAME DETAILS
you complete a mission -- usually resulting in death and
mayhem -- you get a bump in the family tree.
The story of Mafia Wars unfolds over seven missions, laid out in
a linear fashion. You unlock new missions when you complete
previous tasks. Each mission has a little story that fits into the
overall arc, which might not contain any surprises, but is
View all 3 images »
certainly appreciated.
Mafia Wars (2004)

There is a depth to Mafia Wars that is definitely appreciated,
Published by: Sumea
too. The levels are large and intricately designed, full of
Developed by: Sumea
buildings you can step into, even if official business doesn't Genre: Action
require you to do so. (Some of these buildings contain health Number of Players: 1
Release Date:
power-ups, so if you've taken a few slugs, it's best to become
US: January 1, 2004
downright neighborly.) There is a map that shows you the
general lay-out, as well as where you and your targets are
located. In later missions, this is incredibly helpful, as there are
ways to get lost.
http://wireless.ign.com/articles/629/629386p1.html[8/19/2010 2:04:49 PM]

As you attempt to conquer the streets, you must mind your

weapon. Walking around with a tommy gun, shotgun, or pistol
IGN SCORE
will attract the unwanted attention of the cops. Killing civilians 7.7 "Good"
will also land you in hot water, so that should be avoided unless Press Score - 2 Ratings 3.8
you want to make your rep as a maniac.
Reader Score - 7 Ratings 7.7
Optional:
There is a secondary game mode, too, called Last Man 0.0
Write a full review
Standing. This is a pure action game where you must drop
screen after screen of gangsters in an effort to be, well, the last
man standing.
AROUND THE NETWORK
Mafia Wars (2004) at IGN
The action elements work pretty well, save for the auto-aim
Mafia Wars (2004) at GameSpy
feature that is a tab too temperamental. When you have your Mafia Wars (2004) at GameStats
gun drawn and you are facing an enemy, a target will appear
over them to let you know you can shoot. The problem is getting
lined-up properly enough to make your shot, especially in later
missions when the screen is a little more littered with enemy
gangsters. It can get frustrating, waiting for the target to appear
when you see blood pouring out of your own bullet wounds.
The game is kinda violent -- but that's what you would expect
from a game called Mafia Wars. Blood spurts from gunshot
wounds. Barrels of whiskey or period cars explode when shot,
resulting in damaging flames. Burning enemies will run around
in a panic when caught in the blast radius.
CLOSING COMMENTS
Mafia Wars is a pretty tight little package. The two game modes
are solid. Last Man Standing is good for lightning-fast game
sessions, while the story mode will fill a fifteen minute break
without a problem. I wish the game moved a little faster,
especially considering the size of some of the levels. Getting
through a mission can take longer than it should just because it
takes so long to walk to your objective. However, I enjoyed the
bits with keeping your weapon hidden until need, the easily
explored real estate, and the mission structure.
IGN RATINGS FOR MAFIA WARS (2004) (CELL)

Rating Description
out of 10 Click here for ratings guide
7.7 Good (out of 10)

OVERALL
See All Mafia Wars (2004) (Cell) Reader Reviews

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EXHIBIT B
Zynga's Secret To Success: Steal Great Ideas!
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Nick Saint | Jan. 19, 2010, 2:10 PM | 69,411 | 25 Subscribe
Like A A A
Your Money Sponsored by
One reason people love to hate Zynga is
the approach Zynga has taken to becoming Dow 10271.21
so successful: The Microsoft approach. -144.33 -1.39%
Nasdaq 2178.95
-36.75 -1.66%
Specifically: Copy a competitor's product,
S&P 500 1075.63
then crush the competitor. -18.53 -1.69%
Bill Gates did not grow Microsoft into an

global giant by purely innovating or creating Advertisement
completely new products. Instead, he
identified successful products, duplicated
them, and used Microsoft's superior
positioning and power to crush the existing
competition.
For instance, Microsoft's Windows banished

See Also:
the Macintosh to years of relative obscurity;
Internet Explorer killed off Netscape; Excel
"High Level Ex-Facebook Exec" Says
walloped Lotus, and Word replaced Zuckerberg Wants To Hire A CEO –
WordPerfect as the gold standard in word- Analyst
processing.
Places Is Facebook's Biggest Bet To
Similarly, to grow his company, Zynga Date
founder and CEO Mark Pincus has applied
this model to the social gaming industry.
Get Ready For A Wave Of Annoying
One way Zynga creates huge hits is by Facebook Places Check Ins
identifying popular games from other
studios, creating a near replica, and then
beating the original with a bigger marketing Facebook → Placebook
budget.
• The Implications Of Facebook's
As with Microsoft, this strategy has made Zynga unpopular. The company has already paid one seven- "Places"
figure settlement, and is mired in a slew of ongoing lawsuits.
But unpopularity -- and even perpetual legal battling -- may be problems Zynga is happy to put up with.
As Microsoft has demonstrated, the strategy works.
• REVEALED:
Facebook's Wacky
Until his recent displays of philanthropic munificence, Bill Gates was never a beloved figure -- not the Product Launch
way Steve Jobs and Larry Ellison were. But you never caught his shareholders complaining. Ceremonies

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

http://www.businessinsider.com/how-zynga-is-just-like-microsoft-2010-1[8/19/2010 2:08:38 PM]

Take a look at Zynga's games, the games it copied, and how • Facebook Places
Is An Obvious
it has crushed the innovators → • Three Engineers Foursquare Rip-Off
Who Made And It's Going To
Photo: Joi
Facebook Be Huge
View As Slideshow » Something 500
Million People Love
Just Quit
Before Zynga came out with Mafia Wars… • Facebook Places Off To A Rough
Start In San Francisco
H OT Q UESTIONS
What Smart People Are Discussing Right Now
Q: Should a mosque be built at Ground Zero?

41 Answers 12 minutes ago
Q: Foursquare users, are you still going to use

Foursquare--or switch to Facebook?
2 Answers 48 minutes ago
Q: QUESTION OF THE DAY: Is Foursquare

toast? 4 Answers 2 hours ago
…Psycho Monkey developed Mob Wars
More | All »
And here's where
things stand now:
MOB WARS Jobs

Date Released: Machine Learning
September 2008 Engineer
San Mateo, CA (United
Developer: Psycho States)
Redbeacon
Monkey LLC
Users: 1,205,879 More Jobs > Post a Job >
MAFIA WARS
Date Released: Read Me
November 2008
Users: 23,256,287 John Battelle | 3
Developer: Zynga AT&T on net neutrality: Trust us,
we know what you want.Read »
What it is: Commit
crimes or attack other
Dan Frommer | 7
players with the click of a button, then read about how it all turned out. Criminal activity
Shopkick could have been
earns you in-game cash to buy weapons, equipment, and real estate, and experience points popular with teens, but doesn't
that allow you to improve your abilities. work on the teen-friendly iPod
touch.Read »
RESOLUTION: Psycho Monkey filed a lawsuit against Zynga that was ultimately settled for
between $7-$9 million. Henry Blodget | 32
Okay, folks, here's something
we'd love your help with: SAI is

looking for a great editor-in-

chief.Read »
Mark Suster
Before Zynga's FarmVille… You have 20 seconds to get
someone's attention. Here's how
to make them count.Read »
Owen Thomas | 1
From Groupon to Etsy and
FreshDirect to Diapers.com, a
cunning new breed of e-
commerce players should be
ready to test the public markets
soon.Read »
Advertisement
…there was Slashkey's Farm Town

And here's where
things stand now:
Farm Town:
Date Released: T HE H IVE
What Smart People Are Reading
April 2009
Right Now
Developer:
Slashkey Twifficiency 53
Users: 14,104,459
The Tragic Death of Practically Everything 31
FARMVILLE:
Date Released: The Web Is Dead. Long Live the Internet |
June 2009 Magazine 30
Users: 74,008,714
More | All »
What it is: You
farm. You plant
seeds, which take tech
time to grow, at which point you can harvest and sell them. You advance in much the same
manner as in Mafia Wars (and nearly all of Zynga's other games), gaining cash and
experience for your work, allowing you to expand and improve your farm. Friends playing Small Business Tech
Technology reviews and advice for small
FarmVille can become your 'neighbors', their farms actually appearing right next to yours; businesses. Hardware, software, mobile,
interacting with them, or getting more people to sign up, helps you earn more. network & social media strategies to help
grow your company.
7,443 businesstech
Jim Goldman
Technology reporter and journalist for
Before Zynga made FishVille… CNBC. Writer of TechCheck. Focused on
tech news, trends, analysis & economics.
1,517 jimgoldman
jeffersongraham
Tech reporter for USA TODAY. Host &
producer of Talking Tech web video show.
Journalist covering consumer electronics
and internet culture.

2,129 jeffersongraham
Christine Gilbert
Fortune 500 manager turned travel blogger
and digital nomad offers tech reviews.
Updates on documentary, The Wireless
Generation.
47,311 almostfearless
Twelpforce Best Buy

A collective force of Best Buy technology
pros offering tech advice in Tweet form.
Search www.bbyfeed.com to find your own
answers...
28,079 twelpforce
Sponsors
…TallTree Games had a hit with Fish World
And here's where
things stand now:
FISH WORLD
Date Released:
October 2009
Developer: TallTree
Games
Users: 7,607,655
FISHVILLE
Date Released:
November 2009
Users: 24,460,783
What it is: You can

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

Expensive Home 198,982 Views
Zynga's game Cafe World came after…
10 Monster Bubbles Currently In
The Making 190,002 Views
MAP OF THE DAY: The 22

Cities At Risk Of A Double Dip
180,953 Views
Meet The YouTube Stars Making

$100,000 Plus Per Year
180,283 Views
18 Companies That Consumers

Absolutely Hate 134,699 Views

…Playfish's Restaurant City

And here's where
things stand now:
RESTAURANT
CITY
Date Released:
April 2009
Developer: Playfish
Users: 15,009,117
CAFE WORLD
Date Released:
September 2009
Users: 29,967,961
What it is: You are

the owner and chef of
a new restaurant.
After hiring a waiter, you begin cooking food, which is served to customers. This earns you
money. Money allows you to buy more cooking equipment. And so on.
Zynga's PetVille…

…followed Playfish's Pet Society

And here's where
things stand now:
PET SOCIETY:
Date Released:
September 2008
Developer: Playfish
Users: 20,042,566
PETVILLE:
Date Released:
December 2009
Users: 17,944,083
What it is: You

have a new pet to
take care of. This
involves feeding him,
washing him, playing with him, and the like. Keeping him happy earns you money to
decorate your home, which is very important to your pet. You can also take him to your
friends houses to play with their pets, which makes him very happy.
Zynga's came out with Word Twist after…
…GameHouse made TextTwist

And here's where
things stand now:
TEXTTWIST
Date Released:
July 2009 (for the
Facebook version,
but it has existed as
a web game for
years)

Developer:
GameHouse
Users: 195,229
WORD TWIST
Date Released:
September 2008
Users: 445,228
What it is: Find as many words as you can using the letters provided. You can play by
yourself, or challenge up to four friends at a time.
Zynga's Game: YoVille
What Came First: Nothing!

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

playing mini-games
with other players (tic-tac-toe, rocks, paper, scissors, etc.).
It isn't too closely modeled on anything as far as we can tell. This one is Zynga all the way.
Summary
In addition to the
games profiled here,
Zynga has a number
of Mafia Wars clones,
with nearly identical
game play but
different subject
matter: Fashion
Wars, Dragon Wars,
Pirates, Vampires,
Street Racing, and
Special Forces. It
also has a game
called Roller Coaster
Kingdom which is
fairly close to Cafe
World. Finally, it has versions of a few common games that either aren't anyone's intellectual
property (poker) or are regularly duplicated with impunity (Boggle).
All in all, then, Zynga has one original game in its 19-strong Facebook lineup, just over 5%
of its total output.
Don't Miss:
How Zynga
makes millions
off FishVille >>
Tags: Online, Startups, Features, Social/Casual Gaming, Zynga, Social Networking, Virtual Goods,
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Summary Summary Summary

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

Insider.
FarmVille Creator Zynga Hir...
Contact:
Jonah Peretti's Awesome Vir...
e-mail: nsaint@businessinsider.com
AIM: erraticnyc Are You Smart Enough To Get...
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25 Comments Receive email updates on new comments!
Comment kicked to The Bleachers.

OK on Jan 19, 3:15 PM said: 4 1
Zynga bought yoville and poker so in fact zynga has never made a original Flag as Offensive
successful game. I doubt they ever will.
Reply
Parker (URL) on Jan 19, 3:22 PM said: 2 1
This post reeked of M$ hate, but its true. Flag as Offensive
Reply
just.a.guy on Jan 19, 3:33 PM said: 4 0
It's pretty amazing how fast Zynga's offerings have followed the competitors. If Flag as Offensive
they are in fact copies after the fact, which seems likely, that is some very very
fast fast-following. And some amazingly efficient and fast marketing as well.
The products are simpler and easier to distribute, but given the timescales, this is like the Microsoft
model on crack.
Reply
togilvie on Jan 19, 3:38 PM said: 4 0

This has been practiced by the smartest companies for many years. Pretty sure Flag as Offensive
that the standard b-school example for this is Toyota.
Reply
Muhammad (URL) on Jan 19, 3:39 PM said: 3 0

You could say the exact same thing about Facebook copying liberally from Flag as Offensive
Tumblr/Twitter: status updates, "like", lists, now retweets.
Reply
Henry Blodget on Jan 19, 5:31 PM said: 2 0

@Muhammad: Yes. We have said that, actually. It's a good Flag as Offensive
strategy.
Reply
henry blodget on Jan 19, 9:24 PM said: 3 0
now they have the money Flag as Offensive

so they can buy real game developers
i just wonder how long that business model will last since they have NO MOAT
Reply
Kareem on Jan 19, 10:05 PM said: 0 2
Not sure if you guys are aware, but your site is deathly slow a lot of the time Flag as Offensive
lately (30 second page loads). It also appears to be maxing out DB
connections or something, because the content will load to a point (header) then stop.
Reply
Lawrence on Jan 19, 10:14 PM said: 0 0

Sounds like YoVille is a copy of the Sims and Animal Crossing. Flag as Offensive
Reply
FML for your school -> (URL) on Jan 20, 10:29 AM said: 0 1
@Lawrence: Agree. You can trace anything to something b/c seriously at Flag as Offensive
this point of history no idea is truly "innovative."
However, I find this article insightful. For once SAI is giving some fresh news! lolz (I love SAI
nevertheless).
The similarity of graphics is striking.
I wonder if this will be taught as a legitimate business model in the future...I mean...the only cost
is couple million in lawsuit settlement, whereas the payoff is not spending money on R & D and
cash flow in the future...as long as the latter is greater than former...well, "breaking" a law seems
a pretty good strategy.
Money wins.
Reply
popo on Jan 20, 12:16 AM said: 1 5

Nick, Flag as Offensive
What part of business competition, product development and researching the competitive-
marketplace do you not understand?
Good for Zynga.
And by the way -- this has nothing to do with Microsoft. The Microsoft strategies were based on:
1) Bundling
2) Backdoor technical advantages through the OS
3) Acquisition
This post reeks of junior-varsity "hate", and makes BusinessInsider look like a whine-rag run by a
bunch of losers who are neither business-people, nor "insiders".
Reply
Thomas Aquinas on Jan 20, 9:27 AM said: 1 1

@popo: Wait. Did you read the article? Flag as Offensive
There's some gentle mockery of a company whose whole model is based on flirting with copyright
infringement. But there is also acknowledgment of the model's success. I quote:
"But unpopularity -- and even perpetual legal battling -- may be problems Zynga is happy to put
up with. As Microsoft has demonstrated, the strategy works.
Until his recent displays of philanthropic munificence, Bill Gates was never a beloved figure -- not
the way Steve Jobs and Larry Ellison were. But you never caught his shareholders complaining.
So far, Mark Pincus and Zynga appear to be making that same trade-off."
That seems more cool rationality than JV haterade.
Scholasticism rulez!!1!
Reply
sent2null (URL) on Jan 20, 12:31 AM said: 2 0
Time out Flag as Offensive
Larry Ellison was beloved? by who?
*grin*

Reply
Matt on Jan 20, 9:08 AM said: 2 0

Lotus sucked. I had to build an interactive training package on it once, hated Flag as Offensive
every minute of using it.
Reply
Neek on Jan 20, 10:43 AM said: 2 2

There seems to be a lot of mistaken assumptions here. Flag as Offensive
1) Larry Ellison, beloved by users?

2) MS didn't banish the Mac, it was a combination of Apple's early mistakes and MS taking
advantage of holes in its strategy (It DID copy the Mac, but that's another story altogether, and Apple
DID steal that interface from Xerox too)
3) Internet Explorer used the Mosaic license early on, from Spyglass
4) Excel didn't "copy" Lotus, MS made its own after Lotus wouldn't support MS-Windows early on.
5) Ditto for Wordperfect.
etc. etc.
Dude, the ancient Greeks, Rome and many/most companies get big by assimilating or embracing
technology not just in-house, but elsewhere, and use it to great effect.
Why single out MS? Because of its success? Zynga does that as its own strategy to get a leg up,
MS or not.
Reply
Prick on Jan 20, 11:18 AM said: 1 1

@Neek: Not sure your comment on excel is correct. Excel was created in Flag as Offensive
the 80s in response to the completely shitty "visicalc". I could be wrong
Reply
Neek on Jan 23, 11:28 AM said: 1 1

@Prick: You must be referring to MS Multiplan. Excel was made for Flag as Offensive
Windows to be a graphical app after Lotus, Ashton-Tate (before it was
acquired by Borland) and Wordperfect Corp. tried to stifle MS hegemony by not supporting
Windows and opting instead to stay with DOS and OS/2.
Excel et al took advantage of the graphical interface of Windows, giving it years of leeway before
Lotus and the rest of the gang could catch up, having made the wrong bet, and all the while MS's
stranglehold on Windows grew stronger.
Reply
NameCaster (URL) on Mar 6, 6:22 PM said: 0 0
@SonicMaBro Flag as Offensive

It may be a possibility that what you say could actually be useful but I refuse to
read a post that is all caps.
You should fill out an app for Zynga.
Reply
Alacrity on Mar 7, 6:24 PM said: 0 0
Zynga steals good ideas? Did WoW steal their MMO idea from Everquest, Flag as Offensive
FFXI, Ultima Online? The statement that there is stealing involved does not
take into consideration that everything is spawned from something. Because of this there is an
evolution in games. Zynga took the base idea, and evolved it into something bettwe than what it was.
Even for real world markets, did Pepsi steal Coke's idea? Does the cosmetic industry repeatedly
steal from eachother? How about the fashion industry? When one takes a good look at the big
picture, one can realize that all things are derived from something else. The very essence of

originality is the innovation involved with taking old ideas and making them better.
Reply
Muhammad Asad on Apr 28, 8:20 AM said: 0 0

this post is very informative Flag as Offensive
cheack it out......
Weighing Equipment
Reply
Iamgod Inhell on May 6, 10:29 AM said: 0 0

Recently, A very good friend of mine has had her acount hacked and Flag as Offensive
all her tradable items stolen in Zynga's Mafia Wars. I had heard
rumors in the past that Zynga has been suspected of doing such things themselves, but
talking with ppl lately I have found that higher lvl powerful players have suddenly had all there items
removed....and gotten absolutly no where with zynga as the only response from them is that they
have no record of ppl ever having the said missing items......my question is....how can one be lvl
500+ and have NO items at all?.......and how is it that a facebook account is hacked yet all other
games left untouched as well as the facebook acount itself? the more i talk to ppl the more I believe
that it is zynga behind all of this, and the crooked nature of there entire business and history, has me
inclined to believe that this is the act of zynga. Im wondering how many ppl know about this epidemic
of account hackings and lack of response and support by zynga.
Reply
missy johnson on Aug 6, 3:10 AM said: 0 0

i sent my idea into zynga about making farmville a little better, i suggested they Flag as Offensive
make it where you can build your own storage sheds, barns etc with tools. i
also made a suggestion they be able to paint them different colors. i spent over 200 dollors on the
different games. well needless to say i got my account taken away. they would not tell me why or
give me a reason.
Reply
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Welcome to the blog from the reporters and
editors who tirelessly cover the issues of San
Zynga guerilla marketing ploy gets legal response Francisco.
By Audrey Cooper, John Coté, Kristen Go, Rachel
113 233 Gordon, Heather Knight, Marisa Lagos, Meredith
May, C.W. Nevius, Jill Tucker, Read Bios
He may not be Nick the "button man," but San Francisco City Attorney Dennis Herrera has Mafia
Wars in his sights. advertisement | your ad here
Herrera's office sent a letter Thursday to Znyga Game

Network threatening a lawsuit over a guerrilla
marketing campaign the San Francisco-based gaming
company is apparently using to drum up interest in
the latest version of its Mafia Wars online game.
It seems that dozens of fake $25,000 bills have been

glued to the sidewalk in five locations in Hayes
Valley, and the Department of Public Works is sick
and tired of cleaning them up.
A steam cleaner has to be brought in to do the work,

and it takes about 45 minutes in each location, plus
DPW administrative time, DPW officials said.
Some of the offending bills.
"We don't have any staff to spare," DPW
spokeswoman Christine Falvey said. The total cleanup costs are still being tabulated. RECENT ENTRIES
Muni service restorations: a bumpy ride
Each bill has the website address "mafiawarslv.com," which links to the Las Vegas version of game. Like it or not, Newsom takes backseat
The grand prize in a drawing for visiting the site is $25,000. Gascon Calls Out the City for Lack of Concern Over
Shooting
The company also blew up an armored car in the desert to commemorate the Vegas game, saying: Zynga guerilla marketing ploy gets legal response
Anonymous cabbie honored at old-time SF watering
Yeah, you read that right. We're taking a 4 1/2 ton armored truck into the Nevada desert, filling it
hole
with dynamite and then kaboom!
Rec & Park Commission chooses out-of-state vendor
for Stow Lake boathouse
We're not sure if that's kosher with authorities in Nevada, but the fake bills are definitely not cool
It's a lean, mean, weed-fighting machine.
with Herrera. Neighborhood groups sue over waterfront plan
The city wants Zynga to turn over all its information about the guerrilla marketing campaign, asking Newsom calls for dancing in the streets
Jelly's nightclub will fight eviction notice, points to
for "emails, work orders, scope of work, contracts, marketing plans or other records -- that show
poop as cause
when and where the graffiti in San Francisco was placed, and by whom," Deputy City Attorney Alex
More »
Tse wrote to the company.
The city also wants Zynga to offer "a proposal to fully resolve the issue." Just paying for the cleanup CATEGORIES
Art (16)
won't be enough, officials said.
Being green (67)
"The City Attorney takes violations such as these very seriously and intends to pursue every Board of Supervisors (329)
available cause of action aggressively against Zynga for these illegal marketing tactics," Tse wrote. Budget crisis (172)
Campaign finances (10)
City Attorney Dennis Herrera (28)
Posted By: John Coté (Email) | August 20 2010 at 09:00 AM
City icons (38)
Listed Under: City Attorney Dennis Herrera Crime (95)
DA Kamala Harris (13)
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1 of 3 8/23/2010 1:15 PM
sillyvalley 9:31 AM on August 20, 2010 Libraries (21)

What's to discuss? Just send them the bill. Living here (241)
Mayor Gavin Newsom (335)
REPLY (230) (9) POPULARITY: 221 | | [Report Abuse]
Movers and shakers (84)
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Name withheld 9:32 AM on August 20, 2010 Protest of the day (27)
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This comment has violated our Terms and Conditions, and has been removed.
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jetgirl 9:34 AM on August 20, 2010
The Arts (1)
I kind of liked it...money trees! The Road to Sacramento (18)
REPLY (5) (70) POPULARITY: -65 | | [Report Abuse] Transit, traffic and just getting around (233)
1 reply
ARCHIVES
joe_friday 9:34 AM on August 20, 2010 « AUGUST 2010
Good thing they didn't pull this in Boston. SUN MON TUE WED THU FRI SAT
REPLY POPULARITY: 37 | | [Report Abuse]
1 2 3 4 5 6 7
(44) (7)
8 9 10 11 12 13 14
4 replies
15 16 17 18 19 20 21
22 23 24 25 26 27 28
cronmunist 9:35 AM on August 20, 2010
29 30 31
Yeah this seems like a no brainer. if anyone has the bucks to clean up the situation, it's a
gaming company, and if they opt to clean it up themselves, they can just hire some guys
for $12/hr vs. the city paying identically skilled workers $100/hr.
7 replies
trer 9:36 AM on August 20, 2010

No wonder the City is unhappy. Now they have to actually get off their bums and do some
work!
REPLY (35) (91) POPULARITY: -56 | | [Report Abuse]
2 replies
JuiceWeasel 9:38 AM on August 20, 2010

Why doesnt the human feces on SF's sidewalks get the same cleaning treatment as these
fake bills?
Home News Sports Business [return to top]
11 replies Entertainment Food Living Travel Columns Buy &
Sell Jobs Real Estate Cars Site Index
bearsandgiants 9:38 AM on August 20, 2010

i'm tired of picking up homeless poop and scraping graffiti off the walls. where do i send the
bill?
4 replies
joescales 9:39 AM on August 20, 2010

...and then they get more publicity when they get the bill.
(probably cheaper than putting an ad in the paper)
jellybean3 9:40 AM on August 20, 2010

Charge them with littering. One count for every bill x a $500 fine. It would easily cure the
city's budget woes.
4 replies
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3 of 3 8/23/2010 1:15 PM
EXHIBIT C
7-Eleven Promotion FAQs
CONNECTING THE WORLD THROUGH games forums support suggestions English

English
中文
GAMES
Get Answers
Email Us
Updated 07/01/2010 05:22 PM
Answers in 24-48 hrs
Email us with your

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

Search

7-Eleven has teamed up with your favorite Zynga games to offer exclusive gifts
with purchase for players of FarmVille, Mafia Wars and YoVille.
Select from the links below for more information:
CLICK HERE! The Basics of the 7-Eleven Promo CLICK HERE! How to get my UBER gift
CLICK HERE! What are In-Game Tasks CLICK HERE! 7-Eleven Zynga Game Ca
CLICK HERE! Gift List CLICK HERE! Who do I contact?
THE BASICS
How do I play?
1. Purchase specially marked products and Zynga Game Cards at your local 7-Eleven store. Click Store
Locator to find a store near you! Zynga Game Cards must be purchased at 7-Eleven to
qualify.
2. Go to BuyEarnPlay.com; you can click HERE to register and log in with Facebook Connect.
3. Redeem your purchased product's code by entering it in the top right-hand corner:
http://zynga.custhelp.com/app/answers/detail/a_id/1529/~/7-eleven-promotion-faqs[8/19/2010 2:23:04 PM]

Your virtual gifts will be available within the applicable Zynga game.
What do I get?
Every product earns you something different. Click on Get Complete Gift List to check out the complete
list of Zynga gifts.
How much do I get?
That's the spirit! Daily redemption is limited to 10 total gifts per day, and 3 gifts per product type.
Can I print a shopping list of all products and gifts involved in the promotion?
Yes. Click on Get Complete Gift List to view and print a list of the participating products and
associated gifts.
How do I know how many codes I have redeemed?
Once you are logged into http://www.BuyEarnPlay.com you can click on the Gift Tracker tab and view
the products you have purchased, the codes you have redeemed and the virtual gifts you have collected.
When do my codes expire?
Codes can be redeemed from 5/21/10 to 12/31/10 at 11:59:59 PM, ET. For US residents, Slurpee codes can
only be redeemed from 6/1/10-7/15/10 at 11:59:59 PM, ET. For both US and Canada residents, Zynga
Game Cards can only be redeemed under the Buy.Earn.Play. promotion from 6/1/10-7/15/10 at 11:59:59
PM, ET.
Where do I find codes on the products?
Codes are found on a sticker on the outer packaging of most products. On 7-Select Water and Orange
Soda, codes are found under the cap.
What if the product I want is out of inventory at my local 7-Eleven store?
Please visit another 7-Eleven store in your area. To find a store near you, click Store Locator.
How long does the gift with purchase promotion last?
The gift with purchase promotion runs from 5/21/10 to 12/31/10 at 11:59:59 PM, ET. You can purchase
products with codes in store beginning on 6/1/10 while supplies last. For US residents, Slurpee codes can
only be redeemed from 6/1/10-7/15/10 at 11:59:59 PM, ET. For both US and Canada residents, Zynga
Game Cards can only be redeemed under the Buy.Earn.Play promotion from 6/1/10-7/15/10 at 11:59:59 PM,
ET.

ÜBER GIFTS
What are ÜBER GIFTS?
There are three ÜBER Gifts that, when unlocked upon completing the requirements, can be used in the
following Zynga Games: FarmVille, Mafia Wars and YoVille:
· FarmVille: 200 FarmVille cash
· YoVille: A virtual Slurpee machine
· Mafia Wars: 50 Skill points
The right combination of credits will earn you the 3 ÜBER gifts: 200 Farm Cash in FarmVille, 50 skill points
in Mafia Wars and your own Slurpee machine for your YoVille house.
NOTE: Zynga virtual gifts and ÜBER Gifts are virtual items that exist in-game only; they have no cash value,
may not be redeemed for cash and are subject to all Zynga terms and conditions.
·
How do I unlock the ÜBER Gifts?
To earn your UBER Gift, you must have 9 green stamps:
How do I get the stamps?
You’ll need to redeem 5 to 8 Buy.Earn.Play. credits as well as complete 1 to 3 Zynga tasks to earn a total of
9 green stamps on your virtual punch-card. Each 7-Eleven product is worth 1 Buy.Earn.Play credit, while a
Zynga game card is worth 2 credits. In-game tasks earn you one credit. After acquiring 9 stamps, you’ll
unlock all 3 incredible ÜBER gifts at once. Don’t forget to keep track of your progress in the Gift Tracker tab
at BuyEarnPlay.com.
What are the different ways that I can get an Uber gift?
The right combination of credits (9 green stamps) will earn you the 3 ÜBER gifts: 200 Farm Cash in
FarmVille, 50 Skill Points in Mafia Wars and your own Slurpee machine for your YoVille house. Here's how:
* Purchase specially marked items and redeem their unique codes on BuyEarnPlay.com
* Use a Zynga Game Card that was purchased at a 7-Eleven (each 7-Eleven Zynga game card will grant
you two green stamps on the virtual punch card).
* Complete the Zynga in-game task
For example: Slurpee + Big Gulp + Ice Cream + Bottled Water + Hot Coffee + Chips + Grill Item + Orange
Soda + Complete One Zynga Task = 9 green stampes = All 3 Uber gifts!

ZYNGA IN-GAME TASKS

What is a Zynga in-game task?
By completing the requirements for a Zynga in-game task within FarmVille, Mafia Wars or YoVille, you get
specified in-game bonuses that may include a bonus virtual item, and earn a credit towards the 3 ÜBER
gifts. Each in-game task can only be completed once for credit towards the ÜBER gifts.
How do I complete an in-game Zynga task?
In order to complete an in-game Zynga task, you must satisfy the following task requirements:
FarmVille:
Upon initial redemption of specially marked products for FarmVille, users unlock a limited edition Goji berry
crop. Users must plant and harvest enough Goji berry crops to achieve level 3 crop mastery. Once users
achieve level 3 crop mastery they will have satisfied the Zynga in-game task for FarmVille.
Mafia Wars:
Upon initial redemption of specially marked products for Mafia Wars, users unlock the Corner Store
Collection of virtual items. Users will need to complete a total of 41 jobs and win 10 fights in order to unlock
all items in the Corner Store Collection and receive a Limited Edition bonus gift. Upon completing the Corner
Store Collection users will have satisfied the Zynga in-game task for Mafia Wars.
YoVille:
After redeeming codes from 7 products specially marked for YoVille, users will receive a Limited Edition
bonus gift and will have satisfied the Zynga in-game task for YoVille.
ZYNGA GAME CARDS

How many points are Zynga Game Cards worth?
Zynga Game Cards are worth 2 points towards the 9 needed to win the Uber gifts.
Where can I find Zynga Game Cards?
Zynga Game Cards for FarmVille, Mafia Wars and YoVille can be purchased at 7-Eleven stores. Click
Store Locator to find a 7-11 near you!
How can I learn more about playing FarmVille, Mafia Wars, and YoVille?
Click on the following links to learn more about how to play your favorite Zynga games:
Zynga's Official Website
FarmVille.com
MafiaWars.com
YoVille.com
ERROR MESSAGES
I received an error message or an invalid code message when I entered a code. What
does this mean?
If you received an error message, the code may have been entered incorrectly or may be invalid. Try
entering the code again. If you continue to receive an error message, please contact BuyEarnPlay.com;
you can click HERE to submit a ticket.
Hint: Be sure to include the dashes! The dashes are part of the code and leaving them out can

cause your code to fail. It is important to enter your code exactly as it appears.
I purchased a participating 7-Eleven product at 7-Eleven, but there wasn't a code on the
package. What do I do?
If you purchased a participating product at 7-Eleven and there wasn't a code on the package, please contact
BuyEarnPlay.com; you can click HERE to submit a ticket.
I entered the code and received the wrong virtual gift. What do I do?
Please contact BuyEarnPlay.com; you can click HERE to submit a ticket.
REQUIREMENTS
Can I redeem codes if I live outside of the United States or Canada?
No. Buy.Earn.Play is only open to legal residents of the 50 United States, the District of Columbia and
Canada (excluding Puerto Rico and Quebec).
I live in Canada. Can I redeem codes at BuyEarnPlay.com?
Yes. If you live in Canada, you may redeem your codes at http://www.buyearnplay.com.
How old do you have to be to play Buy.Earn.Play.?
You must be 13 years old or older.
PARTICIPATING 7-ELEVEN PRODUCTS AND GIFT CARD REWARDS

7-ELEVEN PRODUCT IN-GAME VIRTUAL GIFT WITH PURCHASE
Slurpee FarmVille Fun Slide
Slurpee Mafia Wars Showman (Weapon)
Slurpee YoVille Wall Freezer
Sandwich FarmVille Sandwich Cart
Cut Fruit FarmVille Chocolate Persimmon
Coffee (Large only) Mafia Wars Lone Wolf (Weapon)
Iced Coffee (Large only) FarmVille Coffee Cart
Large Pizza, Pizza Slice, Wings, Big Bite Products, Mafia Wars Sleek Bullet Proof Vest (Armor)
Chicken Tenders, Breakfast Quesadilla
Hash Brown, Taquito, Burrito Roller, Potato Wedges Mafia Wars Pepper Shaker (Weapon)
7-Select Candy YoVille Candy Stand
7-Select Chips Mafia Wars Palermo Prowler (Vehicle)
7-Select Orange Soda YoVille Soda Machine
7-Select Packaged Donuts YoVille Donut Display
7-Select Vanilla Ice Cream FarmVille Neapolitan Cow
7-Select Water FarmVille Water Tower
Big Gulp FarmVille Big Splash
Big Gulp Mafia Wars Trio Diva (Vehicle)
Big Gulp YoVille Hamburger Stand

7-Select Brownie YoVille Coffee Machine
7-ELEVEN ZYNGA GAME CARDS IN-GAME VIRTUAL GIFT WITH PU

FarmVille Zynga Game Card FarmVille 10 Fuel Tanks
Mafia Wars Zynga Game Card Mafia Wars Combat Helmet (Armor)
YoVille Zynga Game Card YoVille Nacho Machine
Was this answer helpful?

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The Basics of the 7- Eleven Promotion
7-Eleven Promo: How to use the 7-Eleven Zynga Game Cards
7-Eleven Promo: How to get my UBER Gift
7-Eleven Promo: Who do I contact?
7-Eleven Promo: Gift list
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Zynga, 7-Eleven to promote Facebook games in stores | VentureBeat
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Zynga, 7-Eleven to promote Facebook games in Looking for something? Submit
stores
May 23, 2010 | Dean Takahashi 7 Comments
Social gaming firm Zynga is moving from the virtual storefront to

the real one in a broad partnership deal today with the 7-Eleven
convenience store chain.
This summer, 7-Eleven will offer exclusive virtual gift products for
Zynga’s FarmVille, Mafia Wars and YoVille social games on
Facebook. The deal shows that Zynga is going after the mass
market by teaming up with a retailer that is popular among young
people. Nearly 7,000 stores will participate in the promotion, which
is Zynga’s first major tie-up with a physical retailer.
It’s a sign of the growing maturity of social games and their reach
into the mass market. Zynga hasn’t been viewed as a traditional
video game company, especially by hardcore game companies.
But this move shows that it is beginning to think big, just as
companies such as Electronic Arts. EA stages big promotions for
its EA Sports games in the name of making them ubiquitous.
Here, Zynga is doing the same, though its audience is arguably
much more mass market and casual.
Under the promotion, millions of consumers will be able to redeem

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

most unique campaigns in the chain’s history as it Camille Ricketts
gives more than 30 product incentives to Zynga’s 239 Lead Writer,
GreenBeat
million monthly active users.
“Through our promotion with 7-Eleven, we are Devindra

Hardawar
expanding our reach and making our games more Writer, VentureBeat
accessible to consumers,” said Vish Makhijani, senior
vice president of business operations at Zynga.
Matthaus
Krzykowski
The promotion runs through July 15 or while supplies Mobile Consultant &
Coordinator
and codes last.
http://games.venturebeat.com/2010/05/23/zynga-cuts-a-big-deal-with-7-eleven-to-promote-its-facebook-games-in-stores/[8/19/2010 2:23:45 PM]

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SHOWING 7 COMMENTS
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Impulse Magazine 2 months ago
This is a huge deal for them because the target audience that they are trying to reach will be over whelming
Like Reply
sd card 2 months ago
Consumers can win prizes by purchasing certain items and participate in at least one activity in a game that control the
growth of a culture Farmville. If you do the activity, you can earn $ 200 in virtual money Farmville.
Like Reply

smithmaria61 2 months ago
Consumers will be able to purchase specially marked products to receive a redemption code that can be used for a
new, limited-edition virtual good in one of three Zynga hin Fit games.
ipad
Like Reply
Keith Katz 2 months ago
All the other gaming companies counting on sales of their existing prepaid cards in 7-Eleven must be pulling their hair
out over this...
Like Reply
Rosemaryconnor 2 months ago
If they dont come out till June 1st then why did I see a yoville player with items from that offer already?? She had two
refreshment coolers like a 7 11 a slushy machine and a hot dog machien. Oh also a gallon of milk and carton of juice
both were as one. I would have never have known about this site till I asked her about where she got them cool
items.Looks like it will be fun!
Like Reply
Alexia Anast 2 months ago
Everybody just needs more and more publicity these days, huh? Lol myspace.com/beautifulheroine <3
twitter.com/YerAngelOfMusic
Like Reply
anthony morrison 2 months ago
Well....I don't think it is nice move. Face book games like farm-ville and restaurant city are too boring from my point of
view. And i think it just seems like marketing strategy as Alexia Anast.
anthony morrison
Like Reply
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REACTIONS
787toasted 1 month ago
From Twitter via BackType
Zynga, 7-Eleven to promote Facebook games in stores | VentureBeat: http://bit.ly/cPUpIo via @addthis
mtom392 2 months ago
Farmville in 7-Eleven. I'm loving it Zynga! http://tiny.cc/qpakh
melissaparlier 2 months ago
Seriously?... RT @maryegilmore #FarmVille fans: buy a 7-Eleven Slurpee, Gain FarmVille points:
http://tinyurl.com/26hvr9c
rzchen 2 months ago
Actually heard this on the radio today - virtual/real world collides: Zynga, 7-Eleven to promote FB games in stores
http://bit.ly/9dVpax
amitfulay 2 months ago
Zynga, 7-Eleven tie up for game promotions: http://bit.ly/bHZKz8
maru2day 2 months ago
Zynga, 7-Eleven to promote #Facebook games in stores | VentureBeat http://bit.ly/aR5MTH #Farmville
jackja 2 months ago
Anyone fancy some Farmville-flavoured ice cream? http://is.gd/cpYX2
nadyajahan 2 months ago
RT @VentureBeat Zynga, 7-Eleven to promote Facebook games in stores http://bit.ly/9dVpax

costamike 2 months ago
Zynga cuts a big deal with 7-Eleven to promote its FB games offering virtual goods with retail's products
http://ht.ly/1P2rO
LocalBunnyDemo 2 months ago
@LBdemo1 You're fired!!! Of course games are awesome. A bazillion people play games everyday. Go study up
here... http://bit.ly/bx2ORx
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EXHIBIT D
EXHIBIT E
EXHIBIT F
Case3:09-cv-02748-EMC Document1 Filed06/19/09 Page1 of 12
EXHIBIT G
Latest Status Info Page 1 of 4
Thank you for your request. Here are the latest results from the TARR web server.
This page was generated by the TARR system on 2010-08-19 17:35:27 ET
Serial Number: 77772110 Assignment Information Trademark Document Retrieval
Registration Number: (NOT AVAILABLE)
Mark
(words only): MAFIA WARS
Standard Character claim: No
Current Status: An office action suspending further action on the application has been mailed.
Date of Status: 2010-03-17
Filing Date: 2009-07-01
Filed as TEAS Plus Application: Yes
Currently TEAS Plus Application: Yes
Transformed into a National Application: No
Registration Date: (DATE NOT AVAILABLE)
Register: Principal
Law Office Assigned: LAW OFFICE 112
Attorney Assigned:
PATE TARA J
Current Location: M3X -TMO Law Office 112 - Examining Attorney Assigned
Date In Location: 2010-03-17
LAST APPLICANT(S)/OWNER(S) OF RECORD
1. Zynga Game Network Inc.
http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77772110 8/19/2010
Address:
Zynga Game Network Inc.
365 Vermont Street
San Francisco, NY 94103
United States
Legal Entity Type: Corporation
State or Country of Incorporation: Delaware
Phone Number: 212-554-7625
Fax Number: 212-377-6032
GOODS AND/OR SERVICES
International Class: 009

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

Entertainment services, namely, providing on-line computer games
Basis: 1(a)
First Use Date: 2008-09-08
First Use in Commerce Date: 2008-09-08
ADDITIONAL INFORMATION
Color(s) Claimed: Color is not claimed as a feature of the mark.
Description of Mark: The mark consists of the words "MAFIA WARS" with shading around the edges
to suggest a raised surface.
MADRID PROTOCOL INFORMATION
USPTO Reference Number: A0018257

International Registration Number: 1030602
International Registration Date: 2010-01-04
Original Filing Date with USPTO: 2010-01-04
International Registration Status: Application For IR Registered By IB
Date of International Registration Status: 2010-03-18
International Registration Renewal Date: 2020-01-04
Irregularity Reply by Date: (DATE NOT AVAILABLE)
Madrid History:
03-18-2010 - 12:55:08 - Application For IR Registered By IB
01-05-2010 - 21:01:38 - IR Certified And Sent To IB
01-05-2010 - 08:25:19 - Manually Certified
01-04-2010 - 08:47:22 - New Application For IR Received
PROSECUTION HISTORY
NOTE: To view any document referenced below, click on the link to "Trademark Document
Retrieval" shown near the top of this page.
2010-03-17 - Notification Of Letter Of Suspension E-Mailed
2010-03-17 - LETTER OF SUSPENSION E-MAILED
2010-03-17 - Suspension Letter Written
2010-03-17 - Examiner's Amendment Entered
2010-03-17 - Notification Of Examiners Amendment E-Mailed
2010-03-17 - EXAMINERS AMENDMENT E-MAILED
2010-03-17 - Examiners Amendment -Written
2010-02-23 - Teas/Email Correspondence Entered
2010-02-22 - Communication received from applicant
2010-02-22 - TEAS Response to Office Action Received
2009-10-30 - Notification Of Notice Of Unresponsive Amendment - E-Mailed
2009-10-30 - Notice of unresponsive amendment e-mailed
2009-10-30 - Report Unresponsive Amendment - Completed
2009-09-29 - Teas/Email Correspondence Entered
2009-09-29 - Communication received from applicant
2009-09-29 - TEAS Response to Office Action Received
2009-09-22 - Attorney Revoked And/Or Appointed
2009-09-22 - TEAS Revoke/Appoint Attorney Received
2009-08-25 - Notification Of Non-Final Action E-Mailed
2009-08-25 - Non-final action e-mailed
2009-08-25 - Non-Final Action Written
2009-08-17 - Assigned To Examiner
2009-07-06 - New Application Office Supplied Data Entered In Tram
2009-07-04 - New Application Entered In Tram
ATTORNEY/CORRESPONDENT INFORMATION
Attorney of Record
John M. Kim
Correspondent
John M. Kim
IP Legal Advisors, PC
Suite 230
1940 Garnet Avenue
San Diego CA 92109
Fax Number: 858-272-0221
EXHIBIT H
PTO Form 1478 (Rev 9/2006)
OMB No. 0651-0009 (Exp 12/31/2011)
Trademark/Service Mark Application, Principal Register

TEAS Plus Application
Serial Number: 77772110
Filing Date: 07/01/2009
NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears
where the field is only mandatory under the facts of the particular application.
The table below presents the data as entered.

Input Field Entered
TEAS Plus YES
MARK INFORMATION
\\TICRS\EXPORT8\IMAGEOUT8 \777\721\77772110\xml4\FT
*MARK
K0002.JPG
*SPECIAL FORM YES
USPTO-GENERATED
IMAGE
NO
LITERAL ELEMENT Mafia Wars

*COLOR MARK NO
*COLOR(S)
CLAIMED
(If applicable)
*DESCRIPTION OF
THE MARK
The mark consists of The words Mafia Wars in black, with white shading to
(and Color Location, if suggest a raised metallic shiny surface of the black letters, with grey
applicable) outlining to each letter.
PIXEL COUNT
ACCEPTABLE
NO
PIXEL COUNT 1125 x 450

REGISTER Principal
APPLICANT INFORMATION
*OWNER OF MARK Zynga Game Network Inc.
*STREET 365 Vermont Street
*CITY San Francisco
*STATE
(Required for U.S. New York
applicants)
*COUNTRY United States

*ZIP/POSTAL CODE
(Required for U.S. 94103
applicants only)
PHONE 212-554-7625
FAX 212-377-6032
EMAIL ADDRESS mschwimmer@mosessinger.com
LEGAL ENTITY INFORMATION
*TYPE CORPORATION
* STATE/COUNTRY
OF Delaware
INCORPORATION
GOODS AND/OR SERVICES AND BASIS INFORMATION

* INTERNATIONAL
CLASS
009
Downloadable computer software for use on wireless devices and

IDENTIFICATION
computers
*FILING BASIS SECTION 1(a)
FIRST USE
ANYWHERE DATE
At least as early as 04/08/2009
FIRST USE IN
COMMERCE DATE
SPECIMEN FILE NAME(S)
ORIGINAL PDF spec-3810820110-112339425_._Zynga.Inc_-_Game_-

FILE _Mafia_Wars_iPhone.pdf
CONVERTED
PDF FILE(S) \\TICRS\EXPORT8\IMAGEOUT8\777\721\77772110\xml4\FTK0003.JPG
(1 page)
SPECIMEN
DESCRIPTION
screenshot of downloadable computer game.
* INTERNATIONAL
CLASS
041
IDENTIFICATION Entertainment services, namely, providing on-line computer games

*FILING BASIS SECTION 1(a)
FIRST USE
ANYWHERE DATE
FIRST USE IN
COMMERCE DATE
ORIGINAL PDF
FILE
spec-3810820110-112339425_._Zynga_Mafia_Wars_on_Facebook.pdf
CONVERTED
PDF FILE(S) \\TICRS\EXPORT8\IMAGEOUT8\777\721\77772110\xml4\FTK0004.JPG
(2 pages)
\\TICRS\EXPORT8\IMAGEOUT8\777\721\77772110\xml4\FTK0005.JPG
SPECIMEN
DESCRIPTION
Screenshot of computer game.
ADDITIONAL STATEMENTS SECTION

*TRANSLATION
(if applicable)
*
TRANSLITERATION
(if applicable)
*CLAIMED PRIOR
REGISTRATION
(if applicable)
*CONSENT
(NAME/LIKENESS)
(if applicable)
*CONCURRENT USE
CLAIM
(if applicable)
ATTORNEY INFORMATION
NAME Martin Schwimmer
FIRM NAME Moses & Singer LLP
STREET 405 Lexington Avenue
CITY New York
STATE New York
COUNTRY United States
ZIP/POSTAL CODE 10174
PHONE 212 554 7625
FAX 212-377-6032
EMAIL ADDRESS mschwimmer@mosessinger.com
AUTHORIZED TO
COMMUNICATE VIA Yes
EMAIL
CORRESPONDENCE INFORMATION
*NAME Martin Schwimmer
FIRM NAME Moses & Singer LLP
*STREET 405 Lexington Avenue
*CITY New York
*STATE
(Required for U.S. New York
applicants)

*ZIP/POSTAL CODE 10174
PHONE 212 554 7625
FAX 212-377-6032
*EMAIL ADDRESS mschwimmer@mosessinger.com
*AUTHORIZED TO
COMMUNICATE VIA Yes
EMAIL
FEE INFORMATION
NUMBER OF
CLASSES
2
FEE PER CLASS 275

*TOTAL FEE PAID 550
SIGNATURE INFORMATION
* SIGNATURE /mschwimmer/
* SIGNATORY'S
Martin Schwimmer
NAME
* SIGNATORY'S
POSITION
Attorney, NY bar member
* DATE SIGNED 07/01/2009
PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)
TEAS Plus Application

To the Commissioner for Trademarks:
MARK: Mafia Wars (stylized and/or with design, see mark)
The literal element of the mark consists of Mafia Wars.

The applicant is not claiming color as a feature of the mark. The mark consists of The words Mafia Wars
in black, with white shading to suggest a raised metallic shiny surface of the black letters, with grey
outlining to each letter.
The applicant, Zynga Game Network Inc., a corporation of Delaware, having an address of
365 Vermont Street
San Francisco, New York 94103
United States
requests registration of the trademark/service mark identified above in the United States Patent and
Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051
et seq.), as amended, for the following:
For specific filing basis information for each item, you must view the display within the Input Table.
International Class 009: Downloadable computer software for use on wireless devices and computers
Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or
licensee is using the mark in commerce, or the applicant's predecessor in interest used the mark in
commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as
amended.
In International Class 009, the mark was first used at least as early as 04/08/2009, and first used in
commerce at least as early as 04/08/2009, and is now in use in such commerce. The applicant is
submitting one specimen(s) showing the mark as used in commerce on or in connection with any item in
the class of listed goods and/or services, consisting of a(n) screenshot of downloadable computer game..
Original PDF file:

spec-3810820110-112339425_._Zynga.Inc_-_Game_-_Mafia_Wars_iPhone.pdf
Converted PDF file(s) (1 page)
Specimen File1
For specific filing basis information for each item, you must view the display within the Input Table.
International Class 041: Entertainment services, namely, providing on-line computer games
Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or
licensee is using the mark in commerce, or the applicant's predecessor in interest used the mark in
commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as
amended.
In International Class 041, the mark was first used at least as early as 09/08/2008, and first used in
commerce at least as early as 09/08/2008, and is now in use in such commerce. The applicant is
submitting one specimen(s) showing the mark as used in commerce on or in connection with any item in
the class of listed goods and/or services, consisting of a(n) Screenshot of computer game..
Original PDF file:

spec-3810820110-112339425_._Zynga_Mafia_Wars_on_Facebook.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
The applicant hereby appoints Martin Schwimmer of Moses & Singer LLP
405 Lexington Avenue
New York, New York 10174
United States
to submit this application on behalf of the applicant.
Correspondence Information: Martin Schwimmer
405 Lexington Avenue

New York, New York 10174
212 554 7625(phone)
212-377-6032(fax)
mschwimmer@mosessinger.com (authorized)
A fee payment in the amount of $550 has been submitted with the application, representing payment for 2
class(es).
Declaration
The undersigned, being hereby warned that willful false statements and the like so made are punishable by
fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and
the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is
properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to
be the owner of the trademark/service mark sought to be registered, or, if the application is being filed
under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce;
to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right
to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to
be likely, when used on or in connection with the goods/services of such other person, to cause confusion,
or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and
that all statements made on information and belief are believed to be true.
Signature: /mschwimmer/ Date Signed: 07/01/2009

Signatory's Name: Martin Schwimmer
Signatory's Position: Attorney, NY bar member
RAM Sale Number: 9674

RAM Accounting Date: 07/01/2009

Internet Transmission Date: Wed Jul 01 11:44:36 EDT 2009
TEAS Stamp: USPTO/FTK-38.108.201.10-2009070111443629
4739-77772110-4002359eccfbf7f439e83e6f35
31e8a7d-DA-9674-20090701112339425689
EXHIBIT I
PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/30/2011)
Response to Office Action

Input Field Entered
SERIAL NUMBER 77772110
LAW OFFICE
LAW OFFICE 112
ASSIGNED
MARK SECTION (no change)
ARGUMENT(S)
With regard to the Section 1,2, 3 and 45 refusal, applicant submits a substitute specimen of use in class
41 which depicts the mark depicted in the drawing, in commerce for the identified services.
With regard to Examiner's identification of prior pending aplication 77760348, applicant requests that
this application be suspended.
As noted, applicant agrees to Examiner's suggested description of the mark, and suggested
identification of goods in class 9,
EVIDENCE SECTION
EVIDENCE FILE NAME(S)
ORIGINAL PDF FILE evi_3810820110-094120945_._mafia_wars_class_41_subspecimen.pdf

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

FILING BASIS Section 1(a)
FIRST USE
ANYWHERE DATE
FIRST USE IN
COMMERCE DATE
GOODS AND/OR SERVICES SECTION (009)(proposed)

TRACKED TEXT DESCRIPTION
Downloadable computer software for use on wireless devices and computers; Downloadable computer
game software for use on wireless devices and computers
FINAL DESCRIPTION
FIRST USE
ANYWHERE DATE
FIRST USE IN
COMMERCE DATE

DESCRIPTION

FIRST USE
ANYWHERE DATE
FIRST USE IN
COMMERCE DATE

DESCRIPTION

FIRST USE
ANYWHERE DATE
FIRST USE IN
COMMERCE DATE
For an application based on 1(a), Use in Commerce, "The substitute

STATEMENT TYPE
specimen(s) was in use in commerce as of the filing date of the application."
ORIGINAL PDF FILE SPU1-3810820110-094120945_._mafia_wars_class_41_subspecimen.pdf

CONVERTED PDF
(1 page)
SPECIMEN
DESCRIPTION
webpage bearing the mark promoting applicant's services.
ADDITIONAL STATEMENTS SECTION

DESCRIPTION OF THE
MARK The mark consists of the words "MAFIA WARS" with shading around the
(and Color Location, if edges to suggest a raised surface.
applicable)
SIGNATURE SECTION
DECLARATION
SIGNATURE
/mschwimmer/
SIGNATORY'S NAME Martin Schwimmer

SIGNATORY'S POSITION Attorney, NY Bar Member
DATE SIGNED 09/29/2009
RESPONSE SIGNATURE /mschwimmer/
SIGNATORY'S NAME Martin Schwimmer
SIGNATORY'S POSITION Attorney, NY Bar Member
AUTHORIZED
SIGNATORY
YES
FILING INFORMATION SECTION

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

Application serial no. 77772110 has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
With regard to the Section 1,2, 3 and 45 refusal, applicant submits a substitute specimen of use in class 41
which depicts the mark depicted in the drawing, in commerce for the identified services.
With regard to Examiner's identification of prior pending aplication 77760348, applicant requests that this
application be suspended.
As noted, applicant agrees to Examiner's suggested description of the mark, and suggested identification
of goods in class 9,
EVIDENCE
Evidence in the nature of Specimen showing the mark as depcited in the drawing, in use with class 41
services. The specimen consists of the mark affixed to a webpage promoting applicant's services. has been
attached.
Original PDF file:
evi_3810820110-094120945_._mafia_wars_class_41_subspecimen.pdf
Evidence-1
CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Downloadable computer software for use on wireless devices and computers
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the
applicant's related company or licensee is using the mark in commerce, on or in connection with the
identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least
as early as 04/08/2009 and first used in commerce at least as early as 04/08/2009, and is now in use in
such commerce.
Proposed:
Tracked Text Description: Downloadable computer software for use on wireless devices and computers;
Downloadable computer game software for use on wireless devices and computersClass 009 for
such commerce.
Current: Class 041 for Entertainment services, namely, providing on-line computer games
such commerce.
Proposed: Class 041 for Entertainment services, namely, providing on-line computer games
such commerce.
Applicant hereby submits a new specimen for Class 041. The specimen(s) submitted consists of webpage
bearing the mark promoting applicant's services..
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce
as of the filing date of the application."
Original PDF file:
SPU1-3810820110-094120945_._mafia_wars_class_41_subspecimen.pdf
Specimen File1
ADDITIONAL STATEMENTS
Description of mark
The mark consists of the words "MAFIA WARS" with shading around the edges to suggest a raised
surface.
SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the
applicant has had a bona fide intention to use or use through the applicant's related company or licensee
the mark in commerce on or in connection with the identified goods and/or services as of the filing date of
the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has
had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its
members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark
Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the
application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R.
Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in
commerce by its members. 37 C.F.R. Sec. 244. The undersigned, being hereby warned that willful false
statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C.
Section1001, and that such willful false statements may jeopardize the validity of the application or any
resulting registration, declares that he/she is properly authorized to execute this application on behalf of
the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be
registered, or, if the application is being filed under 15 U.S.C. Section1051(b), he/she believes applicant to
be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person,
firm, corporation, or association has the right to use the mark in commerce, either in the identical form
thereof or in such near resemblance thereto as to be likely, when used on or in connection with the
goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the
original application was submitted unsigned, that all statements in the original application and this
submission made of the declaration signer's knowledge are true; and all statements in the original
application and this submission made on information and belief are believed to be true.
Signature: /mschwimmer/ Date: 09/29/2009

Signatory's Position: Attorney, NY Bar Member
Response Signature
Signature: /mschwimmer/ Date: 09/29/2009
Signatory's Position: Attorney, NY Bar Member
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the
highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal
territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to
the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian
attorney/agent not currently associated with his/her company/firm previously represented the applicant in
this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power
of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to
withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the
applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing
him/her as an associate attorney in this matter.

Internet Transmission Date: Tue Sep 29 09:51:07 EDT 2009
TEAS Stamp: USPTO/ROA-38.108.201.10-2009092909510756
1197-77772110-46077576eb5fb8e761d7a8aff9
2b1cc90dd-N/A-N/A-20090929094120945153
EXHIBIT J
PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/30/2011)

Input Field Entered
LAW OFFICE
LAW OFFICE 112
ASSIGNED
MARK SECTION (no change)
ARGUMENT(S)
Applicant requests that its application be suspended pending the outcome of prior pending aplication
77760348.
DESCRIPTION
FIRST USE
ANYWHERE DATE
FIRST USE IN
COMMERCE DATE

DESCRIPTION
FIRST USE
ANYWHERE DATE
FIRST USE IN
COMMERCE DATE

DESCRIPTION

FIRST USE
ANYWHERE DATE
FIRST USE IN
COMMERCE DATE

DESCRIPTION

FIRST USE
ANYWHERE DATE
FIRST USE IN
COMMERCE DATE
"The substitute (or new, if appropriate) specimen(s) was/were in use in

commerce at least as early as the filing date of the application"[for an
application based on Section 1(a), Use in Commerce] OR "The substitute
STATEMENT TYPE (or new, if appropriate) specimen(s) was/were in use in commerce prior
either to the filing of the Amendment to Allege Use or expiration of the
filing deadline for filing a Statement of Use" [for an application based on
Section 1(b) Intent-to-Use].
ORIGINAL PDF FILE SPU1-6752136138-213856920_._Specimen_for_ROA.pdf

CONVERTED PDF
(1 page)
SPECIMEN Website page displaying the subject mark in connection with the described
DESCRIPTION services.
SIGNATURE SECTION
DECLARATION
SIGNATURE
/John M Kim/
SIGNATORY'S NAME John M. Kim

SIGNATORY'S POSITION Attorney of record, California bar member
RESPONSE SIGNATURE /John M Kim/
SIGNATORY'S POSITION Attorney of record, California bar member
AUTHORIZED
SIGNATORY
YES
FILING INFORMATION SECTION

SUBMIT DATE Mon Feb 22 21:46:43 EST 2010
USPTO/ROA-67.52.136.138-2
0100222214643235645-77772
TEAS STAMP 110-4607494f18bbc8daab768
bf359ed92f99a0-N/A-N/A-20
100222213856920690
PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Application serial no. 77772110 has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant requests that its application be suspended pending the outcome of prior pending aplication
77760348.
CLASSIFICATION AND LISTING OF GOODS/SERVICES

Current: Class 009 for Downloadable computer game software for use on wireless devices and computers
such commerce.
Proposed: Class 009 for Downloadable computer game software for use on wireless devices and
computers
such commerce.
Current: Class 041 for Entertainment services, namely, providing on-line computer games
such commerce.
Proposed: Class 041 for Entertainment services, namely, providing on-line computer games
such commerce.
Applicant hereby submits a new specimen for Class 041. The specimen(s) submitted consists of Website
page displaying the subject mark in connection with the described services..
"The substitute (or new, if appropriate) specimen(s) was/were in use in commerce at least as early as
the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The
substitute (or new, if appropriate) specimen(s) was/were in use in commerce prior either to the filing
of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
Original PDF file:
SPU1-6752136138-213856920_._Specimen_for_ROA.pdf
Specimen File1
SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the
applicant has had a bona fide intention to use or use through the applicant's related company or licensee
the mark in commerce on or in connection with the identified goods and/or services as of the filing date of
the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has
had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its
members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark
Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the
application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R.
Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in
commerce by its members. 37 C.F.R. Sec. 244. The undersigned, being hereby warned that willful false
statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C.
Section1001, and that such willful false statements may jeopardize the validity of the application or any
resulting registration, declares that he/she is properly authorized to execute this application on behalf of
the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be
registered, or, if the application is being filed under 15 U.S.C. Section1051(b), he/she believes applicant to
be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person,
firm, corporation, or association has the right to use the mark in commerce, either in the identical form
thereof or in such near resemblance thereto as to be likely, when used on or in connection with the
goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the
original application was submitted unsigned, that all statements in the original application and this
submission made of the declaration signer's knowledge are true; and all statements in the original
application and this submission made on information and belief are believed to be true.
Signature: /John M Kim/ Date: 02/22/2010

Signatory's Name: John M. Kim
Signatory's Position: Attorney of record, California bar member
Response Signature
Signature: /John M Kim/ Date: 02/22/2010
Signatory's Position: Attorney of record, California bar member
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the
highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal
territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to
the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian
attorney/agent not currently associated with his/her company/firm previously represented the applicant in
this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power
of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to
withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the
applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing
him/her as an associate attorney in this matter.

Internet Transmission Date: Mon Feb 22 21:46:43 EST 2010
TEAS Stamp: USPTO/ROA-67.52.136.138-2010022221464323
5645-77772110-4607494f18bbc8daab768bf359
ed92f99a0-N/A-N/A-20100222213856920690
EXHIBIT K
IPDL Search Result http://www.wipo.int/cgi-mad/guest/ifetch5?ENG+MADRID-FULL.vdb+...
1 of 1
(151) 04.01.2010 1030602

(180) 04.01.2020
(171) 10
(732) Zynga Game Network Inc.
365 Vermont Street
San Francisco CA 94103 (US)
(812) US
(842) CORPORATION Delaware, United States
(740) John M. Kim,
1940 Garnet Avenue, Suite 230
San Diego, CA 92109 (US)
(540)
(531) 27.05
(571) The mark consists of the words "MAFIA WARS" with shading around the
edges to suggest a raised surface.
Cette marque se compose des mots "MAFIA WARS", comportant des zones
ombrées autour des bordures, de façon à produire l'effet d'une surface
rehaussée.
La marca consiste en la inscripción "MAFIA WARS" cuyas letras tienen un
contorno sombreado para crear un efecto de relieve.
(511)
09 Downloadable computer game software for use on wireless devices and
computers.
Ludiciels téléchargeables pour ordinateurs et dispositifs sans fil.
Software descargable de juegos informáticos para dispositivos inalámbricos y
ordenadores.
41 Entertainment services, namely providing on-line computer games.
Services de divertissement, à savoir mise à disposition de jeux informatiques
en ligne.
Servicios de entretenimiento, a saber, facilitación de juegos informáticos en línea.
(821) US, 01.07.2009, 77772110
(300) US, 01.07.2009, 77772110, ( 09, Downloadable computer game software for
use on wireless devices and computers
Ludiciels téléchargeables pour ordinateurs et dispositifs sans fil
Software descargable de juegos informáticos para dispositivos inalámbricos y
ordenadores ; 41, Entertainment services, namely, providing on-line computer
games
Services de divertissement, à savoir mise à disposition de jeux informatiques en
ligne
1 of 2 8/19/2010 2:40 PM
IPDL Search Result http://www.wipo.int/cgi-mad/guest/ifetch5?ENG+MADRID-FULL.vdb+...
Servicios de entretenimiento, a saber, facilitación de juegos informáticos en línea )

(832) AU, CN, JP, KR
2 of 2 8/19/2010 2:40 PM
EXHIBIT L
Intellectual Property Office - Results
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Types of IP Case details for Trade Mark 2535749

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Mafia Wars
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04 January 2010
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01 July 2009
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First advert:
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Copyright 6836
Publication date:
Other protection 21 May 2010
Reviewed 8 September 2009
List of goods or services

Class 09:
Downloadable computer game software for use on wireless devices
and computers, computer game software, video games, online games,
and game related applications; interactive video game programs;
electronic games and game related applications; that may be
accessed via the Internet, computers and wireless devices; computer
software to enable uploading, posting, showing, displaying, tagging,
http://www.ipo.gov.uk/types/tm/t-os/t-find/t-find-number?detailsrequested=C&trademark=2535749[8/19/2010 2:43:01 PM]

Intellectual Property Office - Results
blogging, sharing or otherwise proving electronic media or information

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

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

Opted in for notifications
Notifications sent on 19 May 2010 to:
2341315
Explanation of terms used on this page
Disclaimer Crown Copyright Freedom of Information Cymraeg Site Map Accessibility

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

EXHIBIT M
CIPO — Canadian Trade-marks Database
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Home > Canadian Trade-marks Database> Advanced Search
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Patent Appeal The database was last updated on: 2010-08-17

Board
APPLICATION NUMBER: REGISTRATION NUMBER:
Trade-marks
1464583 not registered
Trade–marks STATUS: SEARCHED
Database
FILED: 2010-01-04
Basic Search
FORMALIZED: 2010-01-07
Advanced Search
Assistance
APPLICANT:
Zynga Game Network, Inc.
Trade-marks 365 Vermont Street
Opposition Board San Francisco, California 94103
Copyrights UNITED STATES OF AMERICA
Copyrights AGENT:
Database KATE HENDERSON
Industrial Designs 128 Vine Avenue
Toronto
Industrial Designs
ONTARIO M6P 1V7
Database
Integrated Circuit REPRESENTATIVE FOR SERVICE:
Topographies KATE HENDERSON
128 Vine Avenue
Learn about IP
Toronto
IP Data Products ONTARIO M6P 1V7
Learn More
TRADE-MARK:
About Us
What's New MAFIA WARS
Media Room
Client Corner INDEX HEADINGS:
Publications MAFIA WARS
International
Consultations and WARES:
http://www.ic.gc.ca/...OA-wSy:2MLLVRUAOM?lang=eng&status=&fileNumber=1464583&extension=0&startingDocumentIndexOnPage=1[8/19/2010 2:44:37 PM]

CIPO — Canadian Trade-marks Database
Discussions (1) Downloadable computer game software for use on wireless devices and computers.
(2) Computer game software, video games, online games, and game related
FAQs applications; interactive video game programs; electronic games and game related
Site Map applications that may be accessed via the internet, computers and wireless devices;
computer software to enable uploading, posting, showing, displaying, tagging, blogging,
Links
sharing or otherwise providing electronic media or information regarding the fields of
Fees virtual communities, electronic gaming, entertainment, and general interest via the
Forms Internet or other communications networks with third parties.
Legislation SERVICES:
IP Canadian Links (1) Entertainment services, namely, providing on-line computer games.
(2) Entertainment services, namely, providing enhancements for computer games, game
IP International applications, reviews of computer games, and information relating to computer games;
Links providing an Internet website portal in the field of computer games, gaming and social
networking; Entertainment services, namely, providing social games and information
Proactive regarding social networking via the Internet.
Disclosure
CLAIMS:
Priority Filing Date: July 01, 2009, Country: UNITED STATES OF
AMERICA, Application No: 77772110 in association with the same kind of
wares (1) and in association with the same kind of services (1).
Proposed Use in CANADA.
ACTION DATE BF COMMENTS

Filed 04 January 2010
Created 05 January 2010
Formalized 07 January 2010
Translation 12 January 2010 13 March 2010
Requested
Translation 03 February
Received 2010
Search Recorded 18 June 2010
Examiner's First 18 June 2010 18 December
Report 2010
Back to search Back
Last updated 2010-08-17 Important Notices

Top of page
http://www.ic.gc.ca/...OA-wSy:2MLLVRUAOM?lang=eng&status=&fileNumber=1464583&extension=0&startingDocumentIndexOnPage=1[8/19/2010 2:44:37 PM]

EXHIBIT N
Intellectual Property Office of New Zealand
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Design Search Trade Mark Number (210) 817990 Current Status Accepted/Under Proceeding
PVR Search TM Search Text Mafia Wars
Trade Mark Type Trade Mark Convention, DEVICE
Applications
Trade Mark Nature
Renewals
Use Statement The mark is being used or proposed to be used, by the applicant or with
Correspondence
his/her consent, in relation to the goods/services
Online Journal
Filed (220) 05-JAN-2010
Convention Date (320) Country (330) App No:
01-JUL-2009 United States of America 77/772,110
Marks , Device and Device Descriptors (532)
27.5.2 27.5.17
Classification System | Class (511) Specification of Goods and Services

9|9 downloadable computer game software for
use on wireless devices and computers;
computer game software, video games,
online games, and game related
applications; interactive video game
programs; electronic games and game
related applications that may be accessed
via the internet, computers and wireless
devices; computer software to enable
uploading, posting, showing, displaying,
tagging, blogging, sharing or otherwise
providing electronic media or information
regarding the fields of virtual communities,
electronic gaming, entertainment, and
general interest via the Internet or other
communications networks with third parties;
scientific, nautical, surveying, photographic,
cinematographic, optical, weighing,
measuring, signalling, checking
(supervision), life-saving and teaching
apparatus and instruments; apparatus and
instruments for conducting, switching,
transforming, accumulating, regulating or
controlling electricity; apparatus for
recording, transmission or reproduction of
sound or images; magnetic data carriers,
recording discs; automatic vending
http://www.iponz.govt.nz/cms/banner_template/IPTM[8/19/2010 2:47:43 PM]

machines and mechanisms for coin-

operated apparatus; cash registers,
calculating machines, data processing
equipment and computers; fire-
extinguishing apparatus
9|41 entertainment services, namely, providing
on-line computer games, enhancements for
computer games, game applications,
reviews of computer games, and
information relating to computer games;
providing computer games and gaming
related services via an internet portal;
entertainment services, namely, providing
social games via the Internet
Documents
No documents on record or public access is restricted
Proprietor: (730) Zynga Game Network, Inc . 365 Vermont Street, San Francisco, California
94103, United States of America
Contact : (740) JAMES & WELLS . Level 12, KPMG Centre, 85 Alexandra Street,
Hamilton, New Zealand
Service Address: Level 12, KPMG Centre, 85 Alexandra Street, Hamilton, New Zealand
Action Completed Due Journal Published

Lodge Possible Opposition 29-JUL-2010
Lodge Possible Opposition 26-JUL-2010
Published Date 30-APR-2010 30-APR-2010 1570 30-APR-2010
Application Accepted 24-MAR-2010 24-MAR-2010 1570 30-APR-2010
Under Examination 06-JAN-2010
Filed 05-JAN-2010 05-JAN-2010
Related Trade Marks

No Related Trade Marks found
Objection Type Lodged On

Possible Opposition 29-JUL-2010
Possible Opposition 26-JUL-2010
Last Renewed By
No renewal interest on record or public access is restricted
Proprietor & Licensee History

No proprietors nor licensees on record or public access is restricted
Your Selection Criteria

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

Delivered: 20th August 2010 09:47:31
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EXHIBIT O
Latest Status Info http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77969344
Thank you for your request. Here are the latest results from the TARR web server.
This page was generated by the TARR system on 2010-08-19 17:48:30 ET
Serial Number: 77969344 Assignment Information Trademark Document Retrieval
Registration Number: (NOT AVAILABLE)
Mark
(words only): MAFIA WARS
Standard Character claim: No
Current Status: A non-final action has been mailed. This is a letter from the examining attorney requesting
additional information and/or making an initial refusal. However, no final determination as to the registrability
of the mark has been made.
Date of Status: 2010-06-25
Filing Date: 2010-03-26
Transformed into a National Application: No
Registration Date: (DATE NOT AVAILABLE)
Register: Principal
Law Office Assigned: LAW OFFICE 108
Attorney Assigned:
CALLAGHAN BRIAN P
Current Location: L8X -TMEG Law Office 108 - Examining Attorney Assigned
Date In Location: 2010-06-25
LAST APPLICANT(S)/OWNER(S) OF RECORD
1. Zynga Game Network Inc.
Address:
1 of 3 8/19/2010 2:48 PM
Zynga Game Network Inc.

365 Vermont Street
San Francisco, CA 94103
United States
Legal Entity Type: Corporation
State or Country of Incorporation: Delaware
GOODS AND/OR SERVICES

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

Beer mugs, beverage glassware, beverage stirrers, bottle openers, bowls, coffee cups, tea cups and mugs,
containers for ice, dishes, flower pots, napkin holders, pans, salt shakers, and tooth brushes
Basis: 1(b)

Clothing, namely, t-shirts, sweatshirts, hooded pullovers, tank tops, footwear, socks, jackets, button down
shirts, polo shirts, dresses, skirts, jeans, shorts, sweatpants, neckties, aprons, belts, gloves, jerseys, baseball
caps and hats, and headwear
Basis: 1(b)
ADDITIONAL INFORMATION
Color(s) Claimed: Color is not claimed as a feature of the mark.
Description of Mark: The mark consists of The mark consists of the words Mafia Wars in black, with white
shading to suggest a raised metallic shiny surface of the black letters, with grey outlining to each letter.
MADRID PROTOCOL INFORMATION
(NOT AVAILABLE)
PROSECUTION HISTORY
2 of 3 8/19/2010 2:48 PM
NOTE: To view any document referenced below, click on the link to "Trademark Document Retrieval"
shown near the top of this page.
2010-06-25 - Notification Of Non-Final Action E-Mailed
2010-06-25 - Non-final action e-mailed
2010-06-25 - Non-Final Action Written
2010-03-31 - New Application Office Supplied Data Entered In Tram
2010-03-30 - New Application Entered In Tram
ATTORNEY/CORRESPONDENT INFORMATION
Attorney of Record
John M. Kim
Correspondent
JOHN M. KIM
IP LEGAL ADVISORS, PC
1940 GARNET AVE STE 230
SAN DIEGO, CA 92109-3576
Fax Number: 858-272-0221
3 of 3 8/19/2010 2:48 PM
EXHIBIT P
PTO Form 1478 (Rev 9/2006)
OMB No. 0651-0009 (Exp 12/31/2011)


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

*ZIP/POSTAL CODE
94103
(Required for U.S. applicants only)
LEGAL ENTITY INFORMATION
TYPE corporation
STATE/COUNTRY OF INCORPORATION Delaware
GOODS AND/OR SERVICES AND BASIS INFORMATION
Art paper, decals, gift bags, greeting cards,
*IDENTIFICATION memo pads, stationery, stickers, toilet paper,
wrapping paper, and writing paper
FILING BASIS SECTION 1(b)
Beer mugs, beverage glassware, beverage
stirrers, bottle openers, bowls, coffee cups,
*IDENTIFICATION tea cups and mugs, containers for ice, dishes,
flower pots, napkin holders, pans, salt
shakers, and tooth brushes
Clothing, namely, t-shirts, sweatshirts,
hooded pullovers, tank tops, footwear, socks,
jackets, button down shirts, polo shirts,
*IDENTIFICATION
dresses, skirts, jeans, shorts, sweatpants,
neckties, aprons, belts, gloves, jerseys,
baseball caps and hats, and headwear
ATTORNEY INFORMATION
NAME John M. Kim
FIRM NAME IP Legal Advisors, PC
INTERNAL ADDRESS Suite 230
STREET 1940 Garnet Avenue
CITY San Diego
STATE California
PHONE 858-272-0220
FAX 858-272-0221
EMAIL ADDRESS trademarks@ipla.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
OTHER APPOINTED ATTORNEY Joshua Richman
CORRESPONDENCE INFORMATION
NAME John M. Kim
FIRM NAME IP Legal Advisors, PC
INTERNAL ADDRESS Suite 230
STREET 1940 Garnet Avenue
CITY San Diego
STATE California
PHONE 858-272-0220
FAX 858-272-0221
EMAIL ADDRESS trademarks@ipla.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
FEE INFORMATION
NUMBER OF CLASSES 3
FEE PER CLASS 325
*TOTAL FEE DUE 975
*TOTAL FEE PAID 975
SIGNATURE INFORMATION
SIGNATURE /John M Kim/
SIGNATORY'S POSITION Attorney of Record, CA Bar Member
PTO Form 1478 (Rev 9/2006)
OMB No. 0651-0009 (Exp 12/31/2011)

MARK: MAFIA WARS (stylized and/or with design, see mark)
The literal element of the mark consists of MAFIA WARS.

The mark consists of The mark consists of the words Mafia Wars in black, with white shading to suggest a
raised metallic shiny surface of the black letters, with grey outlining to each letter.
The applicant, Zynga Game Network Inc., a corporation of Delaware, having an address of
365 Vermont Street
San Francisco, California 94103
United States
requests registration of the trademark/service mark identified above in the United States Patent and
Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051
et seq.), as amended, for the following:
International Class 016: Art paper, decals, gift bags, greeting cards, memo pads, stationery, stickers,
toilet paper, wrapping paper, and writing paper
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related
company or licensee the mark in commerce on or in connection with the identified goods and/or services.
(15 U.S.C. Section 1051(b)).
International Class 021: Beer mugs, beverage glassware, beverage stirrers, bottle openers, bowls,
coffee cups, tea cups and mugs, containers for ice, dishes, flower pots, napkin holders, pans, salt shakers,
and tooth brushes
(15 U.S.C. Section 1051(b)).
International Class 025: Clothing, namely, t-shirts, sweatshirts, hooded pullovers, tank tops,
footwear, socks, jackets, button down shirts, polo shirts, dresses, skirts, jeans, shorts, sweatpants, neckties,
aprons, belts, gloves, jerseys, baseball caps and hats, and headwear
(15 U.S.C. Section 1051(b)).
The applicant hereby appoints John M. Kim and Joshua Richman of IP Legal Advisors, PC
Suite 230
1940 Garnet Avenue
San Diego, California 92109
United States
to submit this application on behalf of the applicant.
Correspondence Information: John M. Kim

Suite 230
1940 Garnet Avenue
San Diego, California 92109
858-272-0220(phone)
858-272-0221(fax)
trademarks@ipla.com (authorized)
A fee payment in the amount of $975 has been submitted with the application, representing payment for 3
class(es).
Declaration
The undersigned, being hereby warned that willful false statements and the like so made are punishable by
fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and
the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is
properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to
be the owner of the trademark/service mark sought to be registered, or, if the application is being filed
under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce;
to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right
to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to
be likely, when used on or in connection with the goods/services of such other person, to cause confusion,
or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and
that all statements made on information and belief are believed to be true.
Signature: /John M Kim/ Date Signed: 03/26/2010

Signatory's Position: Attorney of Record, CA Bar Member
RAM Sale Number: 12219

RAM Accounting Date: 03/26/2010
Internet Transmission Date: Fri Mar 26 13:05:13 EDT 2010
TEAS Stamp: USPTO/BAS-70.60.213.54-20100326130513549
048-77969344-460139eba2f6cf9bc5d92d6786b
b62ddba-CC-12219-20100326125447030090
EXHIBIT Q
Case5:10-cv-01022-JF Document1 Filed03/10/10 Page1 of 15
EXHIBIT R
Domain Tools: View Historical Whois Records http://domain-history.domaintools.com/?page=details&domain=mafiawar...
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mafiawars.com on 2009-07-17 - Domain History
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Domain Name:
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Domain: mafiawars.com - Domain History
Cache Date: 2009-07-17
Registrar: MONIKER ONLINE SERVICES, INC.
Reverse Whois: Click on an email address we found in this whois record
to see which other domains the registrant is associated with:
markw@zynga.com
Domain Name: MAFIAWARS.COM

Registrar: MONIKER
Registrant [1967517]:
Mark Williams markw@zynga.com
365 Vermont Street
San Francisco
CA
94103
US
Administrative Contact [1967517]:

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

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

365 Vermont Street
San Francisco
CA
94103
US
Phone: +1.4152529555
Domain servers in listed order:
NS1.SEDOPARKING.COM
NS2.SEDOPARKING.COM
Record created on: 2000-06-01 00:33:32.0

Database last updated on: 2009-07-17 15:11:16.09
Domain Expires on: 2010-06-01 00:33:32.0
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admin@tenpennyinc.com

Registrar: MONIKER
Bill Douglas admin@tenpennyinc.com
11054 Ventura Blvd.
#469
Studio City
CA
91604
US

11054 Ventura Blvd.
#469
Studio City
CA
91604
US
Phone: +1.8185726550

11054 Ventura Blvd.
#469
Studio City
CA
91604
US
Phone: +1.8185726550

11054 Ventura Blvd.
#469
Studio City
CA
91604
US
Phone: +1.8185726550
NS1.SEDOPARKING.COM
NS2.SEDOPARKING.COM

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transferservice@sedo.com

Registrar: MONIKER
Domain Transfer Escrow Service transferservice@sedo.com
Sedo.com
One Broadway, 14th floor
Cambridge
MASSACHUSETTS
02142
US

Sedo.com
Cambridge
MASSACHUSETTS
02142
US
Phone: +1.6177584268

Sedo.com
Cambridge
MASSACHUSETTS
02142
US
Phone: +1.6177584268

Sedo.com
Cambridge
MASSACHUSETTS
02142
US
Phone: +1.6177584268
NS1.SEDOPARKING.COM
NS2.SEDOPARKING.COM

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dennis@spreendigital.de

Registrar: MONIKER
Dennis Spreen dennis@spreendigital.de
Zum Riedsaum 4
Erbach
BW
89155
DE

Zum Riedsaum 4
Erbach
BW
89155
DE
Phone: +49.7305931375
Fax: +49.7305931377

Zum Riedsaum 4
Erbach
BW
89155
DE
Phone: +49.7305931375
Fax: +49.7305931377

Zum Riedsaum 4
Erbach
BW
89155
DE
Phone: +49.7305931375
Fax: +49.7305931377
NS1.SEDOPARKING.COM
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Digital Chocolate V Zynga Complaint

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1 NATURE OF THE ACTION

2 1. Plaintiff Digital Chocolate, Inc. (“Digital Chocolate”) is a leading developer and

3 71. Digital Chocolate incorporates by reference paragraphs 1 through 70, inclusive, as

4 if fully set forth herein.

7 property, in violation of California Business and Professions Code §§ 17200 et seq.

11 until Defendant is permanently enjoined.

14 of such unlawful conduct.

15 PRAYER FOR RELIEF

20 domain name, or for any other purpose;

22 applications void ab initio;

26 damages suffered by Digital Chocolate resulting from the acts alleged.

28 and expenses, and costs;

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