Who She Re Lawsuit

Case 1:12-cv-00344-LMB-IDD Document 1-3
Filed 03/29/12 Page 1 of 3 PageID# 20
EXHIBIT C
EXHIBIT D

App Store Social Networking WNM Live
Description
WNM live is a lot like other social networks, except rather than connecting you with your friends; it helps you make new friendships
with people living near you! In fact, WNM Live has no concepts orfriends" -you can see and talk with anybody. You can browse the profiles of other users near you, sendireceive text and picture instant messages, interact in a live stream of nearby conversations, and more all without ever revealing your phone number or private, personal information! WNM Live is one of the fastest growing social networks and now you can access it from your iPhone or IPod Touch] So, do you want to meet interesting new people near you? tf so,
then download this app you never know who you might meet
Best of all. WNM Live is (reel And when we say free', we mean it! No annoying locked" functionality or limited communication with others. There arenl even advertisements in the app (we do have some ads on the website though)!
Category: Social Networking Updated: Mar 14,2012
Version: 1.1
Sue: 13.6 MB
Language: English Saner: SynergeTech Solutions, Inc 5 2012 SynergeTech Solutions, Inc
WNM Live is not a dating app and most oflhe users are simply looking to killtime chatting with other locals that share their same interests. A team of moderators work around the clock to ensure that users that would cause bad experiences are removed Immediately. Looking for a tennis partner? Traveling on business in a foreign country and want to find someone that speaks your language? Want a strangers advice on a relationship question? Just bored? Then WNM Live was made for YOU!
WNM Live is cross platformand can be accessed frommost of the leading Smartphones, Facebook, or your Desktop or Laptop
computers web browser by visiting www.wnmlive.com Browse profiles of online users near you Send free text/picture messages / Discuss topics in the public, local Live Stream
Rated 12-, for the following: Infrequent/Mild Alcohol, Tobacco, or Drug Use or References Infrequent/Mild Sexual Content or Nudity Infrequent/Mild Profanity or Crude
Humor
Create a profileand upload photos to it

/ Login to wnmlhre.com and access your entire WNM account from anywhere / NO ads in mobile appl (Web version does contain some ads)
Infrequent/Mild Mature/Suggestive
Themes
This is our firstrelease for the iOS platform and we wouldgreatlyappreciate yourfeedback. We plan to release a numberof frequent
updates in response to the feedback we receive. Feedback can be sent to feedback@wnmlive.com
WhosNearMa fb.comlWhosNearMe wnmlive.com
Requirements: Compatible with Phone, Pod teach, and Pad.Requires

CS4.30rtator
WNMLiveWeb Site
WNMLiveSupport
What's New in Version 1.1
This update fixes a critical issuewhich prevented userswith the iOS 5.1 system updatefrom launching theWN1v1 Live application.
iPhone Screenshots
Look at those in reverse, the bottom one first Dont
know if you know about thb

issue.
No, d'dn't know about il yet,

thanks

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Awesome app:
by BrianHama -Version 1.1 - Mar 15,2012 I love how I can chat with so many cool and interesting people.
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copyright S 2012 Apple lna All rights reserved. Prrvegl Polio/ I Terms and Conditions
EXHIBIT E
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WNM LIVE
WHO'S NEAR ME
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EXHIBIT F

HOME PRODUCTS SUPPORT NEWS ABOUT
SynergeTech Solutions"
WNMLive.com
the social discovery network
'nearby favorin
Join the fastest growing location-based social network.
f lit Si,-1~ Jj)
Quick Links |
Product Catalog
Download Purchases
Learn About WNM Live
Technical Support
Copyright & 2011 SynergeTech Solutions,, Inc. All rights reserved. [ Privacy Policy I Contact
ToH-Free: (800) 653-1748 ! International: -1 (650) 521-9065
Brian P. Hama-chek network

Account Looout
MAIN MENU Live Stream
Live Stream
Invite your friends to WNM Live and earn 100 WNM Points for each invite you send!
Settings
Maximum Resufcs:
Favorites
Watched
Map View
What are you up to?

Write a Ti:::',."ige to slunAttach: Choose File No file chosen
[25
Maximum Distance:
People Nearby
Online
Favorites
25000
Find
Messages
Profile
View Profile
Buy Points
Redeem Points
Lies_Told Philadelphia, PA ( 2,511 miles)
ri
All f m going to say is I'D get the last laugh lol:) all smiles
5 minutes 200
watch
Settings
Invite Friends
INFORMATION
V'.'dto ;; ooniment
Jvfltesfinest
7->.-^ a minute ago from Jacksonville, FL ( 2,366 miles }

About
Revenge on the mind i see lol
Mobile Apps
Help
-JSX
Me nabt. TX ( 1.4Q5 mite; 1
si
US 44 (Rev. 12/07)
Case 1:12-cv-00344-LMB-IDD Document 1-7 SHEET CIVIL COVER Filed 03/29/12 Page 1 of 1 PageID# 31
ired by law, except asproyidt . '
TieJS 44 civil cover sheet and the information contained herein ne^
ylocal rules ofcourt. This form, approved by the Judicial Conference ofthe United Stales in Seplerriber 1974, is required for the use ofthe Clerk ofCourt for the purpose ofmitiatin;
DEFENDANTS
le Civildocket sheet. (SEEINSTRUCTIONS ONTHEREVERSE OPTHEFORM.)
.(a) PLAINTIFFS
WhosHere, Inc.
SynergeTech Solutions, Inc.

County of Residence of FirstListed Defendant ^^^^______^
(b) County of Residence ofFirst Listed Plaintiff Fairfax County, VA

(EXCEPT IN U.S.PLAINTIFF CASES)
(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES. USE THE LOCATION OF THE
LAND INVOLVED.
(c) Attomcy*s (Firm Name. Address, and Telephone Number)
Attorneys (If Known)
Usley W. Fierst, Womble Carlyle Sandridge &Rice, PLLC, 8065

.eesburg Pike. Tysons Corner. VA 22182 (703) 394-2275
I. BASIS OF JURISDICTION
1 I U.S. Government
(Place an"X"inOneBo*Only)
-Q HI. CITIZENSHIP OF PRINCIPAL PARTIES(Placc an "X"inOne Box for Plaintifl

(ForDiversity CasesOnly)
PTF DEF
andOneBoxforDefendant)
PTF DEF
O 3 Federal Question
Plaintiff
(U.S.Government Not a Patty)

4 Diversity
Citizen of ThisState
Citizen of Another Slate
Hi
O 2
O I
Incorporated orPrincipal Place

of Business In This State
0 4
12
U.S. Government Defendant
2 Incorporated and Principal Place

ofBusiness In Another State
OS
0 6
B S
O 6
(Indicate Citizenship of Parties in ItemHI)

Citizenor Subjectof a
Foreign Country
O 3
ForeignNation
V. NATURE OF SUIT (Place an "X" in One Box Only)

.-:-.- - 'CQNtPKACT'.'SlHS^! m. fesf'R' a a
1 110 Insurance 1 120 Marine
.ES333RB n r - i ^ . - . : 4 a y g ^ ^ ^
PERSONAL INJURY
PERSONAL INJURY
310 Airplane
1 130 Miller Act
1 140 Negotiable Instrument 1 150Recovery of Overpayment o
315 AirplaneProduct Liability

320 Assault, Libel &
Slander
362 Personal Injury Med. Malpractice 365 Personal Injury
ProductLiability
368 Asbestos Personal
O 610 Agriculture O 620 Other Food & Drag O 625 Drug RelatedSeizure of Property21 USC 881 O 630 Liquor Laws
a 640 R.R.& Truck
O 422 Appeal 28 USC 158

423 Withdrawal 28 USC 157
O O o a
400 Stale Reapportionment

410 Antitrust
430 Banks and Banking

450 Commerce
B9 ii LfoJ.ilii MWS tU fi h'fc^ai
460 Deportation
470 Racketeer Influenced and
&Enforcement ofJudgment
1 151 Medicare Act
a a a a a
O 820 Copyrights
O 830 Patent
a
a
1 152Recovery of Defaulted
Student Loans
330 Federal Employers' Liability

340 Marine 345 Marine Product
O
Injury Product Liability

PERSONAL PROPERTY 370 Other Fraud
a 650 Airline Regs. O 660 Occupational
CorruptOrganizations
a a a
a a a a a
a
H 840 Trademark
Safety/Health
a 690 Other SWSEEBSii LABOR*.:**:?: SOetAI;S8CURITY V
(Excl. Veterans) 1 153 Recovery of Overpayment

or Veteran's Benefits 1 160 Stockholders'Suits 1 190 Other Contract
1 196 Franchise
Liability
350 Motor Vehicle 355 Motor Vehicle
371 Truth in Lending

380 Other Personal
480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/Commodities/
O 710 Fair Labor Standards

Act
PropertyDamage
O 385 Property Damage Product Liability
Product Liability
360 Other Personal
1 195Contract Product Liability a
720 Labor/Mgmt.Relations 7301-abor/Mgint Reporting
O 861HIA(1395R) O 862 Black Lung (923) O 863 DIWC/DIWW (405(g))

O 864 SSID Title XVI
Exchange
875CustomerChallenge
12 USC 3410
Injury
JflSSREAb PROPERTY-T^ ^T&S-^CTVH/RIGHTS "''> a 441 Voting 1 210 Land Condemnation 442 Employment 1 220 Foreclosure a
& Disclosure Act -JPRISONBRtPETinONSw O 740 Railway Labor Act O 790 OtherLabor Litigation O 510 Motions to Vacate Sentence O 791 Empl. Ret. Inc.
a 86SRSI(405(it))
FEDERAL TAX SUITS M
890 Other Statutory Actions 891 Agricultural Acts

892 Economic Stabilization Act
1 230 Rent Lease & Ejectment

1 240 Tons to Land
a a
443 Housing/
Accommodations 444 Welfare 445 Amcr. w/Disabiliu'es - O
Habeas Corpus:
530 General
Security Act
IMMIGRATION .
a 870 Taxes (U.S. Plaintiff or Defendant) O 871 IRSThird Party

26 USC 7609
893 Environmental Mailers
894 EnergyAllocation Act

895 Freedom of Information
Act
a a
1 245 Tort Product Liability 1 290 All Other Real Property
535 Death Penalty

540 Mandamus & Other 555 Prison Condition
a
a a
O 462 Naturalization Application
900Appeal of Fee Detenninatio Under Equal Access

to Justice
Employment
446 Amer. w/Disabilittes Other
O 550 Civil Rights
O 463 HabeasCorpus
Alien Detainee a
950 Constitutionality of
State Statutes
O 465 Other Immigration

Actions
440 Other Civil Rights
$fcl Original
r. ORIGIN
Proceeding
O 2 Removed from
Slate Court
(Place an-X" in One Box Only)
0 3 Remanded from
Appellate Court
O 4 Reinstated or D 5 I'X dfctrSm O 6 Multidistrict O 7 K
..
Appeal to Dtslrtct
Reopened
-itp the y.sr.Ciy,ilSla^te^ndpr^hi*vou pre filing (Do not cite jurisdictional statutes unless diversity):
1. CAUSE OF ACTION Brief description of cause:
H2$M (specify)
Li,ig8,in
trademark infringement
CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23
DEMAND S
II. REQUESTED IN
COMPLAINT:
CHECK YES only if demanded in complaint: JURY DEMAND: Sf Yes O No

DOCKET NUMBER
'III. RELATED CASE(S)

IF ANY
ATE
(See instructions):
JUDGE
SIGNATURE OF ATTORNEY OF RECORD
03/29/2012
OR OFFICE USE ONLY AMOUNT
APPLYING IFP JUDGE MAG. JUDGE
RECEIPTK
MB-IDD Document 1-8
Filed 03/29/12 P
Cashier ID: sbrosn
Receipt Nunber: 14683037928
DiviBiSm6! United Stat65 Di5tTict: Court
Transaction Bate: 83/29/2812
Payer Hane: HOHBLE CflRLYLE SftHDRIDBE RIC
CIVIL FILING FEE For: HOHBLE CflRLYLE SftHDRIDBE RICE

flaount: $350.00
CHECK
ReBitteT: HOHBLE CflRLYLE SflNDRlDGE RICE
Check/Honey Order Nuq: 688BBB4237

flat Tendered: $359.86
Total Due: $358.88 Total Tendered: 5B.88
Change flat:
FILING FEE
112CV3M
$8.80
Case 1:12-cv-00344-LMB-IDD Document 1
I u>. J
IN THE UNITED STATES DISTRICT COURT IN EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION
2012 K.'H 21 P 12= 22

nuLAm,,\iA. Viivjw^A
f. r v n i " i *, \ /1 >- <-> Hi
,,,
WhosHere, Inc.,
Plaintiff,
v.
Case No.
/:ffe/344'iMlM>
SynergeTech Solutions, Inc.,

Defendant.
JURY TRIAL DEMANDED
COMPLAINT
Plaintiff WhosHere, Inc. (hereinafter "WhosHere"), through counsel, files this action for
trademark infringement, unfair competition, and cybersquatting under the Lanham Act, Title 15, Chapter 22 of the United States Code and Virginia common law against Defendant SynergeTech
Solutions, Inc (hereinafter "Defendant"). Plaintiff WhosHere is seeking injunctive relief,
damages, profits, treble damages, attorneys' fees, and costs and for its complaint alleges as
follows: THE PARTIES
1.
Plaintiff WhosHere, Inc. is a corporation organized under the laws of the State of
Delaware with its principal place of business at 6920-B Bradlick Center #151, Annandale, VA
22003.
2.
Upon information and belief, defendant SynergeTech Solutions, Inc. is a
corporation organized under the laws of the State of California with its principal place of
business at 160 Lowell Avenue, Palo Alto, CA 94301.
3.
Upon information and belief, Defendant may be served by serving process on the
Virginia State Corporation Commission pursuant to Va. Ann. Code 8.01-301 and 8.01-329.
JURISDICTION AND VENUE
4.
This Court has jurisdiction under 28 U.S.C. 1331, 1332, and 1367 because the
matter arises under the Lanham Act, 15 U.S.C. 1125.
5.
Venue is proper in this district under 28 U.S.C. 1391 (b) because a substantial
part of the events giving rise to the claims occurred in thisjudicial district.
6. Personal jurisdiction over Defendant exists under Va. Ann. Code 8.01-
328.1(A)(1). Upon information and belief, Defendant has transacted and continue to transact
business in this Commonwealth by, at the least, delivering products to customers in this
Commonwealth and Defendant offering infringing products through interactive iPhones, on
smartphones running the Windows Phone 6 and Windows Phone 7 platforms, on Facebook, via
Twitter, and on Defendant's website, all of which is accessible and user interactive within this
Commonwealth and within this judicial district. Personal jurisdiction over Defendant also exists under Va. Ann. Code 8.01-328.1(A)(3). Upon information and belief, Defendant has delivered
one or more infringing products into the Commonwealth of Virginia and that such delivery
constitutes the commission of a tort in the Commonwealth of Virginia.
FACTS COMMON TO ALL CLAIMS
A.
WhosHere's Application - WhosHere
7.
WhosHere is a company founded in 2008 by Stephen Smith and Bryant Harris.
WhosHere offers a popular social proximity networking application for the Apple* iPhone".
iPad and iPod* touch devices and related services via Apple* iTunes, over the Internet, and its
website at WhosHere.net. WhosHere has recently expanded and is now offering a beta version
of its application on the Android platform. WhosHere offers its innovative products and related services throughout this judicial district, the United States, and worldwide.
8. Social proximity networking is social networking in which geolocation
technologies, including cell tower triangulation, Wi-Fi connectivity, IP Address location

resolution, and GPS navigation services, allow users to see where they are in relation to each
other through the use ofthe Internet or mobile devices, such as the Apple iPhone*.
9. WhosHere's founders first solicited investments for its well-known social
proximity networking application, called WhosHere, in January 2008.

WhosHere started in March 2008.
Development of
WhosHere was a functional application, and was
demonstrated and shown to additional potential investors, in approximately April 2008.
WhosHere launched the WhosHere application in July 2008. 10. The WhosHere application enables users to meet people near them with similar
interests through a simple interface. After downloading the application, users simply fill out their profile and indicate the age and gender, and other criteria they care to enter, of the type of
people that they would like to meet. WhosHere then shows the user the people that match that
description that are nearby or anywhere in the world. When a match is found, WhosHere
allows a user to communicate with that person through several means. WhosHere features the
ability to text message other users and see lists of nearby users, new users, and a history of users with which the user has exchanged messages. In addition, the current version has the ability to place a Voice Over IP (VoIP) call to other users using Wi-Fi and to also send pictures between
users.
11.
The WhosHere application has become extremely popular and its use is
widespread, throughout this judicial district, the United States, and worldwide.
12.
The WhosHere* application was the first of its kind on iTunes* and reached a
user base of 100,000 users in just over 100 days after its release. Today, after over five million
downloads, millions enjoy the WhosHere application in over 150 countries, including the
United States.
B. WhosHere's Trademark
13.
Beginning at least as early as January 2008, WhosHere's founders adopted and
began using the distinctive WhosHere* trademark in connection with social proximity
networking software. Since that time, WhosHere has continuously used the WhosHere11
trademark in this judicial district, the Commonwealth of Virginia, and in interstate commerce in the United States and worldwide for the purpose of identifying WhosHere's social proximity
networking applications and for distinguishing its goods and services from the goods and
services of others.
14.
Through its continuous and widespread use of the WhosHere mark. WhosHere
owns common law rights in the WhosHere trademark.

15. WhosHere is also the owner of U.S. Trademark Registration No. 3,885.293 for
WHOSHERE in conjunction with the following:
Software for IP enabled devices for use in social networking and social proximity networking for the display of information; software for IP enabled devices for use in displaying relevant,
location-informed or user-defined content and that allows users to
download, upload and synchronize the same with mobile, web or
internet-based applications; downloadable software for displaying

location and physical presence information in IP-enabled devices that allows persons to download, upload and synchronize the same with a mobile, web or internet-based application; software to enable voice over internet protocol (VOIP) services, messaging, uploading, posting, showing, displaying, sharing or otherwise providing electronic media or information over the Internet or
other communications network.
A copy of U.S. Trademark Registration No. 3,885,293 is filed herewith as Exhibit A.

16. The only authorized site from which to download the iOS version of the
WhosHere application is Apple's iTunes site. On the iTunes site, the WhosHere* application is consistently available in connection with the WhosHere trademark. The only authorized site
from which to download the Android version of the WhosHere application is via
WhosHere.zedndesk.com. On the WhosHere.zendesk.com website is consistently available in
connection with the WhosHere trademark.
17.
The WhosHere trademark is and has been consistently displayed in connection
with WhosHere's social proximity networking application. An example of WhosHere's use of
the WhosHere trademark in connection with its social proximity networking application is
attached hereto as Exhibit B.
18.
WhosHere maintains strict quality control standards for the social proximity
networking application available in connection with the WhosHere trademark.

19. WhosHere has received extensive media attention throughout the United States
regarding its WhosHere application. Just one ofthe many positive media reports regarding the WhosHere application is attached hereto as Exhibit C.
20. As a consequence of WhosHere's widespread and continuous use of the
WhosHere trademark throughout the United States and worldwide, and due to the significant
investment of time, money, and efforts, and the high quality of the social proximity networking
applications available in connection with the WhosHere trademark, the WhosHere trademark
has acquired enormous value and has become extremely well-known to the consuming public
and trade as identifying and distinguishing the source of WhosHere's products exclusively and
uniquely and thus WhosHere has developed valuable common law rights in the WhosHere"
trademark.
C.
Defendant's Unlawful Conduct
21.
Despite receiving actual notice of the WhosHere* trademark and WhosHere's
rights therein, and having already once indicated that Defendant will rebrand and use a non
infringing name, Defendant, without authorization or license from WhosHere, have knowingly and willfully used and continues to use "Who's Near Me" or colorable variations thereof in
connection a social proximity networking application for smartphones running Windows Phone
operating platforms and now for the iPhone . 22. Upon information and belief, Defendant has used and continues to use the
following colorable variations of "Who's Near Me": "WhosNearMe," "WHO'S NEAR ME."
and "Whosnearme" (referred to collectively herein as "Who's Near Me").
23.
An example of Defendant's use of "Who's Near Me" in connection with social
proximity networking applications is attached hereto as Exhibit D. As shown in Exhibit D.

Defendant is listed as the "Seller."
24.
Upon information and belief, Defendant's is responsible for the content of the
website www.wnmlive.com (hereinafter "Defendant's website"), which uses the name "Who's
Near Me" in connection with a social proximity networking application. A copy of Defendant's website is attached hereto as Exhibit E. The registration information for the domain
<wnmlive.com> lists SynergeTech Solutions, Inc. as the registrant and Brian Hamachek as the
administrative contact.
25.
Defendant's website has a significant and far-reaching Internet presence as a link
on Defendant's website redirects the user to Apple's very popular application store for the iOS
devices which, in turn, provides a downloadable version of Defendant's social proximity networking application in connection with the "Who's Near Me" name.
26. Defendant offers their social proximity networking application in connection with
the "Who's Near Me" name through the exact same channel that WhosHere offers its social
proximity networking application in connection with the WhosHere trademark, namely the
Apple iTunes site where third party applications for iOS devices are downloaded.
27. Before filing this action, WhosHere attempted to avoid this conflict by notifying
Defendant of the infringement and other harm to WhosHere and requested that they stop using
Who's Near Me orany other colorable imitation ofWhosHere's WhosHere trademark.

28. Defendant previously agreed in writing to remove references to "Who's Near Me"
from its website and even provided WhosHere a version of its website that does not use the
"Who's Near Me" name. See Exhibit F attached hereto.
29.
Unfortunately, while Defendant made some efforts to rebrand - and promised to
complete the rebranding before releasing its application on Apple's App Store - Defendant did not adopt the proposed website content as shown in Exhibit F and continues to use the "Who's
Near Me" name in a manner that isconfusingly similar to the WhosHere trademark.
COUNT I - TRADEMARK INFRINGEMENT UNDER THE LANHAM ACT 15 U.S.C. S 1114
30.
WhosHere realleges and incorporates herein by reference the allegations stated in
paragraphs 1-29 of this Complaint.

31. Defendant's unauthorized use of colorable imitations of WhosHere's WhosHere
trademark is likely to cause confusion or mistake and deception of consumers as to the origin,
sponsorship and/or nature of Defendant's services.
32.
Defendant's unauthorized use of colorable imitations of WhosHere's WhosHere"
trademark constitutes infringement of WhosHere's rights in and to the WhosHere* trademark in

violation of 15 U.S.C. 1114.
33.
Upon information and belief, as a result of Defendant's unlawful activities.
Defendant has or will receive substantial profits to which it is not entitled, and WhosHere has or will suffer actual monetary damages, including lost profits and impairment of the value of the
WhosHere trademark.
34.
Upon information and belief, Defendant has acted with full knowledge of
WhosHere's rights and with the intention to usurp such rights, including agreeing to cease use of
the "Who's Near Me" name and then violating such agreement. The aforementioned acts of
Defendant are therefore intentional, willful, and were calculated to cause confusion, to cause
mistake, or to deceive. As a result, Defendant should be held liable to WhosHere for treble
damages and attorneys* fees pursuant to 15 U.S.C. 1117.
COUNT II - UNFAIR COMPETITION UNDER THE LANHAM ACT 15 U.S.C. S 1125(a)
35.

36. Defendant's unauthorized use of colorable imitations of WhosHere's WhosHere"
trademark, namely "Who's Near Me," is likely to cause confusion, to cause mistake, or to
deceive the consuming public and the trade as to the origin, sponsorship, or approval of
Defendant's Who's Near Me products and services. As a result of Defendant's unauthorized use
of colorable imitations of the WhosHere trademark in connection with a social proximity

networking application, the consuming public and trade is likely to believe that Defendant's
product and services have been created or approved by WhosHere, and such use falsely
8
represents Defendant as being legitimately affiliated, connected, or associated with or authorized

by WhosHere and places WhosHere's valuable and hard-earned reputation and goodwill in the
hands of Defendant in violation of 15 U.S.C. 1125(a).
37.
Defendant's conduct is causing immediate and irreparable injury to WhosHere. its
goodwill and reputation, and will continue to damage WhosHere and deceive the public unless
enjoined by this Court pursuant to 15 U.S.C. 1116.
38.
In addition to injunctive relief, WhosHere is entitled to recover actual damages.
Defendant's profits, costs, and reasonable attorneys' fees under 15 U.S.C. 1117 in an amount
to be determined. Any such damages should be trebled pursuant to 15 U.S.C. 1117(b).
39. WhosHere is further entitled to an Order directing that all items in the possession,
custody, or control of Defendant bearing the colorable imitations of the WhosHere"0 trademark
be delivered up to WhosHere and destroyed pursuant to 15 U.S.C. 1118.
COUNT III - CYBERSQUATTING UNDER THE LANHAM ACT

15 U.S.C. S 1125(d)
40.

41. WhosHere's WhosHere trademark was distinctive at the time Defendant
unlawfully and illegally registered the <whosnearme.net.com> domain name.
42.
Defendant had and still has a bad faith intent to profit from the WhosHere*
trademark and has registered, trafficked in, or used a domain name (<whosnearme.net>) that is
confusingly similar to the WhosHere trademark in violation of 15 U.S.C. 1125(d).
43.
At the time Defendant registered the <whosnearme.nct> domain name. Defendant
lacked any right to and had no legitimate interest in the WhosHere* trademark or domain names
which incorporate that trademark or confusingly similar variations thereof.
44. Defendant's continuing acts of cybersquatting are likely to cause substantial and
irreparable injury to WhosHere, and have damaged and are likely to continue to damage
WhosHere's goodwill and reputation unless Defendant is enjoined from using and retaining ownership of the <whosnearme.net> domain name.
45. As a direct and proximate result of the foregoing, WhosHere has suffered
monetary damages in an amount to be determined.

COUNT IV - TRADEMARK INFRINGEMENT UNDER VIRGINIA COMMON LAW
46.

47. Defendant's unauthorized use of colorable imitations of the WhosHere*
trademark in connection with directly competing services, in the same geographical areas and
through identical or similar sales channels is likely to cause confusion, or to cause mistake, or to
deceive the purchasing public and the trade, whereby they would be led to mistakenly believe
that Defendant is affiliated with, related to, sponsored by, or connected with WhosHere. in
violation of the common law of the Commonwealth of Virginia.
48.
Defendant's conduct also constitutes an attempt to trade on the goodwill, which
WhosHere has developed, all to the damage of WhosHere.
10
49.
Defendant's conduct is causing immediate and irreparable injury to WhosHere. its
goodwill and reputation, and will continue to damage WhosHere and deceive the public unless
enjoined by this Court pursuant Virginia common law.
COUNT V - UNFAIR COMPETITION UNDER VIRGINIA COMMON LAW
50.

51. Defendant's unauthorized use of colorable imitations of the WhosHere"
trademark is likely to cause confusion or misunderstanding as to the source, sponsorship,
approval, or certification of Defendant's services by and with WhosHere and thus constitutes
unfair competition under Virginia common law. 52. Defendant's conduct is causing immediate and irreparable injury to WhosHere, its
goodwill and reputation, and will continue to damage WhosHere and deceive the purchasing
public and trade unless enjoined by this Court pursuant Virginia common law.
PRAYER FOR RELIEF
WHEREFORE, WhosHere requests the following relief:

1. For j udgment that: a. Defendant has engaged in trademark infringement in violation of 15 U.S.C
1114:
b.
Defendant has engaged in unfair competition, false designation of origin,

and trademark infringement in violation of 15 U.S.C 1125(a);
c.
Defendant has engaged in cybersquatting in violation of 15 U.S.C.

1125(d);
II
d.
Defendant has engaged in trademark infringement in violation of the

common law of the Commonwealth of Virginia;
e.
Defendant has engaged in unfair competition in violation of the common

law of the Commonwealth of Virginia; and
f.
Defendant's acts of infringement, false designation of origin, and unfair competition were willful.
2.
That a permanent injunction be issued enjoining Defendant, any of its parent
companies, subsidiaries, affiliates, officers, agents, privies, shareholders, principals, members,

directors, licensees, attorneys, servants, employees, affiliates, successors, and assigns, and all
persons or business entities in active concert or participation with any one of them who receives
actual notice of the order by personal service or otherwise, from:
a.
using the WhosHere* trademark, or any simulation, reproduction, copy,

colorable imitation, or confusingly similar variation of the WhosHere"
trademark, including without limitation, "Who's Near Me."
"WhosNearMe," "WHO'S NEAR ME" or colorable imitations thereof, in
connection with any goods or services; in connection with any domain

name; or in connection with the importation, promotion, advertisement,
sale, offering for sale, manufacture, production, dissemination, or

distribution of any goods or services;
b.
assisting, aiding, or abetting any other person or business entity in engaging in or performing any of the activities referred to in subparagraph (a) above or taking any action that contributes to any of the activities
referred to in subparagraph (a) above, or any other activity that consists of
12
or contributes to the sale or distribution of infringing products bearing the

WhosHere* trademark or colorable imitations thereof.
3.
That Defendant, at its own expense, recall any and all products that bear any
simulation, reproduction, copy, colorable imitation, or confusingly similar variation of the
WhosHere trademark from any distributors, retailers, vendors, orothers to whom Defendant has
distributed or sold such products, and that such recall notices and other actions be taken within
five (5) days after service ofjudgment with notice of entry thereof.
4. That Defendant deliver up to WhosHere's attorneys for destruction, all goods,
labels, tags, signs, stationary, prints, packages, promotional and marketing materials,
advertisements and other materials (a) currently in Defendant's possession or under the control or (b) recalled by the Defendant pursuant to any order of the Court or otherwise, incorporating
any simulation, reproduction, copy, colorable imitation, or confusingly similar variation of the
WhosHere trademark, and all plates, molds, matrices, and other means of making the same, and
that WhosHere be permitted to destroy all such goods without compensation to Defendant.
5. That Defendant be enjoined from using the <whosnearme.net> domain name and
any other domain name using a colorable imitation of the WhosHere trademark and that
Defendant be ordered to transfer ownership of the <whosnearme.net> domain name to
WhosHere.
6.
That Defendant shall file with the Court and serve upon WhosHere's counsel
within thirty (30) days after service of judgment with notice of entry thereof upon them a report
in writing under oath, setting forth in detail the manner and form in which it has compiled with
all of the above.
13
7.
That Defendant account for and pay over to WhosHere three times the profits
realized by Defendant from their infringement of the WhosHere* trademark and from their
unfair competition with WhosHere.
8. That WhosHere be awarded its actual damages, trebled pursuant to 15 U.S.C.
1117(a). arising out of Defendant's acts of willful trademark infringement and unfair
competition.
9.
At WhosHere's election, and pursuant to 15 U.S.C. 1117(d). at any time before
final judgment is rendered by this Court, to recover, instead of actual damages and profits, an
award of statutory damages in the amount of not less than $1,000 and not more than $100,000
per domain name, as the Court considers just.
10. That WhosHere be awarded interest, including post- and pre-judgment interest, on
the foregoing sums in accordance with 28 U.S.C. 1961. 11. That WhosHere be awarded its costs in this civil action, including reasonable
attorneys' fees and expenses, pursuant to 15 U.S.C. 1117(a) and other applicable laws.
12.
That WhosHere be awarded such other and further relief as the Court may deem
just and proper.

JURY DEMAND
WhosHere hereby demands trial by jury on all issues so triable.
14
Ill Respectfully submitted this the 29in day of March, 2012
\NVk\Vvwk> f) vrrLesley Whitcomb Fierst Wtii

VSB No. 79337
Counselfor Plaintiff WhosHere, Inc.

Womble Carlyle Sandridge & Rice, LLP
8065 Leesburg Pike, Fourth Floor Tysons Corner, VA 22182 Phone: (703)394-2275 Fax: (703)918-2270 lfierst@wcsr.com
Of Counsel:
Jacob S. Wharton {pro hoc vice application to be filed)

NCSB No. 37421
Counselfor Plaintiff WhosHere, Inc.

Womble Carlyle Sandridge & Rice, LLP
One West Fourth Street
Winston-Salem, NC 27101
Phone: (336)721-3600 Fax: (336)721-3660
jwharton@wcsr.com
15
WCSR 7I99608v2

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le Civildocket sheet. (SEEINSTRUCTIONS ONTHEREVERSE OPTHEFORM.)

SynergeTech Solutions, Inc.

(b) County of Residence ofFirst Listed Plaintiff Fairfax County, VA

(c) Attomcy*s (Firm Name. Address, and Telephone Number)

Attorneys (If Known)

Usley W. Fierst, Womble Carlyle Sandridge &Rice, PLLC, 8065

-Q HI. CITIZENSHIP OF PRINCIPAL PARTIES(Placc an "X"inOne Box for Plaintifl

(U.S.Government Not a Patty)

Incorporated orPrincipal Place

U.S. Government Defendant

2 Incorporated and Principal Place

(Indicate Citizenship of Parties in ItemHI)

V. NATURE OF SUIT (Place an "X" in One Box Only)

1 130 Miller Act

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