SECOND AMENDED COMPLAINTNO. CV 11-01327 PJH
Amazon Digital Services, Inc. is a wholly-owned subsidiary of defendant Amazon.com,Inc. and, at all times relevant to the allegations herein, has acted in concert with and/or atthe direction of defendant Amazon.com, Inc.
6. The Court has jurisdiction over this action pursuant to 28 U.S.C. §1331 and 1338, 15 U.S.C. §§ 1116 and 1125, and 28 U.S.C. § 1367.
7. Venue lies within this district because a substantial part of the eventsgiving rise to these claims occurred in this district and Amazon resides in this judicialdistrict for purposes of 28 U.S.C. § 1391(b) and (c).
8. This action arises in Santa Clara County because a substantial part of the events giving rise to the claim occurred in Santa Clara County. This is an intellectualproperty action subject to district-wide assignment pursuant to Civil Local Rule 3-2(c).
ALLEGATIONSApple Coins, Uses In Commerce, And Protects APP STORE
9. On July 11, 2008, Apple launched its APP STORE service. Usingthe APP STORE mobile software application, users of Apple’s iPhone, iPod and, mostrecently, iPad mobile devices, can browse for and license a wide range of third partysoftware programs, including games, business, educational, finance, news, sports,productivity, social networking, health, reference, travel, and utility software. Users canalso browse and license software in the APP STORE section of Apple’s popular iTunesStore, accessed using Apple’s iTunes software.10. Prior to the introduction of the APP STORE service, operators of mobile communications networks offered a variety of downloadable mobile software suchas ringtones, wallpapers, and games. The operators branded their download services witha variety of terms that bore no similarity to APP STORE. For example, Verizon called its
Case4:11-cv-01327-PJH Document56 Filed11/16/11 Page3 of 17