IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA \ 2 2D0B V

Aldi Division
Alexandria Diii

CITIGROUP INC., a Delaware corporation,

Plaintiff,

<citibankaccountonline.com>, <citibankautofinance.com>, p

<citibankbanamex.com>, <citibankcreditcardonline.com>,
<citibankmerchantservices.com>, <citibankonlime.com>,
<citibankpayment.com>, <citibankthankyouxom>,
<citicardmember.com>, <citidank.com>,
<citifinancialquto.com>, <citiflnancialservicesinc.com>,
<citifininancialauto.com>, <citigroupdesktop.com>,
<citimortgqge.com>, <citiplatinumselectmastercard.com>,
<citisears.com>, <citifinacial.net>, <citigoup.net>,
<citiflnance.com>, <miciti.com>, and
<citibankpayment.com>,

Defendants. ^

COMPLAINT FOR INJUNCTIVE RELIEF

Plaintiff Citigroup Inc. ("Citigroup"), by and through its undersigned counsel, brings its

Complaint for Injunctive Relief against <citibankaccountonline.com>,

<citibankautofmance.com>, <citibankbanamex.com>, <citibankcreditcardonline.com>,

<citibankmerchantservices.com>, <citibankonlime.com>, <citibankpayment.com>,

<citibankthankyouxom>, <citicardmember.com>, <citidank.com>, <citifinancialquto,com>,

<citifinancialservicesinc.com>, <citifininancialauto.com>, <citigroupdesktop.com>,

<citimortgqge.com>, <citiplatinumselectmastercard.com>, <chisears.com>, <citifinacial.net>,

<citigoup.net>, <citifmance.com>, <miciti.com>, and <citibankpayment.com>, (the "Infringing

Domain Names") seeking relief pursuant to the Anticybersquatting Consumer Protection Act, 15

U.S.C. § 1125(d)(2)(the"ACPA").
 I. SUMMARY OF ACTION

1. This is an action brought pursuant to the in rem provisions of the ACPA. Plaintiff

is the owner of the CITI and CITIBANK trademarks (the "CITI Marks") and is the leading

provider of financial services in the United States and throughout the world. Citigroup, which is

based in New York, operates its Internet banking through such domain names as <citi.com>,

<citibank.com>, and <citibankonline.com>. Plaintiff has spent substantial sums advertising the

CITI Marks. Notwithstanding Plaintiffs rights to the CITI Marks, the Infringing Domain Names

were registered through a Indian registrar's privacy service that masks the identity of the party or

parties responsible for registering the Infringing Domain Names. Plaintiffs attempts to find the

party or parties responsible for registering the Infringing Domain Names have thus been

frustrated.

II. THE PARTIES

2. Citigroup Inc. is a Delaware corporation having its principal place of business at

399 Park Avenue, New York, New York 10022.

3. The Infringing Domain Names, each of which incorporates one or more of

Plaintiffs CITI Marks, are all registered through Private Whois Escrow Domains Private

Limited ("Private Whois") and all have the same contact email address. True and correct copies

of the WHOIS records for the Infringing Domain Names are attached hereto as Group Exhibit

1. As indicated by their <xom> and <net> extensions, the Infringing Domain names all reside

with VeriSign, Inc., which is responsible for maintaining the <.com> and <.net> registries.
 HI. JURISDICTION AND VENUE

4. This Court has in rent jurisdiction over the Infringing Domain Name under 15

U.S.C. § 1125(d)(2)(C) because VeriSign Inc., which maintains the <.com> and <.net> registries

in which the Infringing Domain Names reside, is located in this judicial district in Dulles,

Loudon County, Virginia.

5. This Court has subject matter jurisdiction under the Lanham Act pursuant to 15

U.S.C. § 1121 and 28 U.S.C. §§ 1331, 1338(a) and 1338(b). In addition, this Court has subject

matter jurisdiction under 15 U.S.C. § 1125(d)(2) based on Plaintiffs inability to identify the

registrant of the Infringing Domain Names.

6. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391 (a) and 15

U.S.C. § 1125(d)(2)(C) because the res, i.e., the Infringing Domain Names, are each located

within this judicial district.

IV. FACTUAL BACKGROUND

A. Plaintiffs Famous Marks

7. Plaintiff Citigroup is a world-renowned financial services company that owns an

extensive family of famous trademarks and service marks comprised of or featuring the CITI

Marks.

8. Among other applications and registrations, the mark CITI, U.S. Reg. No.

1,181,467 (incontestable status), was registered on December 8, 1981 for "financial services

including consumer and commercial lending, credit card services, real estate services, investment

and advisory services and providing venture capital to others." A true and correct copy of the

Trademark Registration Record as maintained by the United States Patent and Trademark Office

for the CITI mark, U.S. Registration Number 1,181,467, is attached as Exhibit 2.
 9. Likewise, the mark CITIBANK, U.S. Reg. No. 691,815 (incontestable status),

was registered on January 19, 1960 for "banking services," and has been in continual use since

February 2, 1959. A true and correct copy of the Trademark Registration Record as maintained

by the United States Patent and Trademark Office for the CITIBANK mark, U.S. Registration

Number 691,815, is attached as Exhibit 3.

10. In addition to rights in the United States, the CITI Marks are applied for or

registered in approximately 200 countries throughout the world.

11. The CITI Marks represent to the worldwide consuming public the goods and

services offered by Plaintiff Citigroup and its affiliates and/or licensees.

12. Plaintiff Citigroup has made extensive use of the CITI Marks by providing its

services throughout the United States and around the world, and due to the extensive use and

registration of the CITI Marks, the CITI Marks have become famous both in the United States

and abroad.

B. Registration and Use of the Infringing Domain Names

13. Subsequent to Plaintiffs use or registration of the CITI Marks in the United

States, and without Plaintiffs consent or the sanction of any court of law, the Infringing Domain

Names were registered with Private Whois. The Infringing Domain Names all list the same

contact email address (hosted by Private Whois), which evidences that a single person or entity is

responsible for their registration. See Group Exhibit 1.

14. The Infringing Domain Names are top level domain names ending in either

<.com> or <.net>, and, as such, they are maintained by the Verisign, Inc. <.com> and <.net>

registries located in Virginia.

 15. The Infringing Domain Names each include Plaintiffs famous and protectable

CITI mark in its entirety, and many of the Infringing Domain Names include Plaintiffs famous

and protectable CITIBANK mark in its entirety. Thus, the Infringing Domain Names are all

confusingly similar to, and dilutive of, the famous CITI Marks and they therefore violate

Plaintiffs exclusive trademark and service mark rights in the CITI Marks in the United States

and abroad.

COUNT I
In Rent Action Under the Anticybersquatting Consumer Protection Act
(15 U.S.C. § 1125(d)(2))

16. Plaintiff realleges and incorporates by reference paragraphs 1-15 as if fully set

forth herein.

17. As set forth above, and under Section 1125(d)(2)(A)(i), the Infringing Domain

Names violate Plaintiffs rights in connection with the CITI Marks because the Infringing

Domain Names are confusingly similar to, and dilutive of, Plaintiffs famous CITI Marks.

18. The continued registration and use of the Infringing Domain Names constitutes a

violation of 15 U.S.C. § 1125(d)(2), which protects the owner of U.S. trademarks and prohibits

the registration of Internet domain names that are confusingly similar to any trademark, or

dilutive of any famous trademark.

19. Plaintiff has suffered, and continues to suffer, irreparable harm to its reputation

and goodwill as a result of the registration and ongoing use of the Infringing Domain Names.

RELIEF REQUESTED

WHEREFORE, Plaintiff Citigroup Inc. respectfully requests that this Court enter an

order for Plaintiff and against the Infringing Domain Names as follows:

i. VeriSign, Inc. shall change the <citibankaccountonline.com>,

<citibankautofinance.com>, <citibankbanamex.com>,
 <citibankcreditcardonline.com>, <citibarikmerchantservices.com>,
<citibankonlime.com>, <citibankpayment .com>, <citibankthankyou.com>,
<citicardmember.com>, <citidank.com>, <citifinancialquto.com>5
<citifinancialservicesinc.com>, <citifininancialauto.com>,
<citigroupdesktop.com>, <citimortgqge.com>,
<citiplatinumselectmastercard.com>, <citisears.com>, <citifinacial.net>,
<citigoup.net>, citifinance.com>, <miciti.com> and <citibankpayment.com>
domain names from their current registrar to a registrar of Plaintiff s selection
("Plaintiffs' Registrar");

ii. Plaintiffs Registrar shall register the <citibankaccountonlinexom>,

<citibankautofinance.com>, <citibankbanamex.com>,
<citibankcreditcardonline.com>, <citibankmerchantservices.com>,
<citibankonlime.com>, <citibankpayment.com>, <citibankthankyou.com>,
<citicardmember.com>, <citidank.com>, <citifinancialqutoxom>,
<citifmancialservicesinc.com>, <citifininancialauto.com>,
<citigroupdesktopxom>, <citimortgqge.com>,
<citiplatinumselectmastercard.com>, <citisears.com>, <citifinacial.net>5
<citigoup.net>, <citifinance.com>, <miciti.com> and <citibankpayment.com>
domain names in the name of Citigroup Inc.; and

iii. Plaintiff be awarded such other and further relief as this Court may deem just.
 Respectfully submitted,

CITIGROUP INC.

Dated: March 11,2009

JaiWt Shih Hajek
VA Bar No. 44544
GREENBERG TRAURIG, LLP
2101 L Street, N.W., Suite 1000
Washington, D.C. 20037
Tel: (202)331-3158
Fax:(202)261-4786
hajekj@gtlaw.com
and
Paul D. McGrady, Jr. (pro hac vice pending)
Jason B. Elster (pro hac vice pending)
GREENBERG TRAURIG, LLP
77 West Wacker Drive, Suite 3100
Chicago, Illinois 60601
Tel: (312) 456-8400
Fax:(312)456-8435

Attorneys for Plaintiff Citigroup Inc.