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FILED UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION AOL LLC and PLATFORM-A, INC., Plaintiffs, . CASENO. [:08e 410-ue Ges ADVERTISE.COM, INC. f/k/a INTERNEXT. MEDIA CORP., DEMAND FOR JURY TRIAL Defendant. COMPLAINT FOR DAMAGES AND FOR INJUNCTIVE RELIEF Plaintiffs, AOL LLC (“AOL”) and Platform-A, Inc. (“Platform-A”) (together with their predecessors, “Plaintiffs") for their Complaint against defendant, Advertise.com, Inc. f/k/a Internext Media Corp., (“Advertise.com”) state and allege as follows: NATURE OF THE ACTION 1. This is an action for trademark infringement and unfair competition under federal law and the common law of the Commonwealth of Virginia which Plaintiffs bring to protect some of their most valuable assets, namely, the goodwill and consumer recognition associated with the federally-registered ADVERTISING.COM name and marks and the AD.COM name and mark. For many years, Plaintiffs and their predecessors have continuously used and extensively promoted the ADVERTISING.COM and AD.COM names and marks in connection with the provision of a variety of services. As described more fully below, without Plaintifis” authorization or consent, and with knowledge of Plaintiffs’ prior rights in its federally-registered ADVERTISING.COM marks and its AD.COM mark, Advertise.com recently commenced use of the virtually identical and confusingly similar designation ADVERTISE.COM and design in connection with the same and complimentary services as those offered by Plaintiffs under their federally-registered ADVERTISING.COM name and marks and their AD.COM name and marks, Through its conduct, Advertise.com has created circumstances whereby members of the Public and members of the relevant trade are likely to be led to incorrectly believe that Advertise.com and its services are authorized by, sponsored by, or affiliated with Plaintiffs their well-known ADVERTISING.COM and AD.COM marks and the services provided thereunder. Plaintiffs accordingly bring this action in order to protect their valuable federally-registered marks and to halt the damages and irreparable harm they have suffered and will continue to suffer as a result of Advertise.com’s actions. IDENTIFICATION OF PARTIES 2, AOL is a limited liability company organized and existing under the laws of the State of Delaware with its principal place of business at 22000 AOL Way, Dulles, Virgi 20166. 3. Platform-A is a corporation organized and existing under the laws of the State of Maryland with a place of business at 22000 AOL Way, Dulles, Virginia, 20166. Platform-A was known as Advertising.com, Inc. until April 30, 2008 when Advertising.com, Inc. changed its corporate name to Platform-A. Platform-A is a wholly-owned subsidiary of AOL. 4. Upon information and belief, Advertise.com is a corporation organized and existing under the laws of the State of California with its principal place of business at 15303 Ventura Blvd., Suite 220, Sherman Oaks, California 91403. Upon information and belief, until on or about January 7, 2009, Advertise.com was known as Intemext Media Corporation d/b/a ABCSearch, JURISDICTION AND VENUE 5. This is an action arising in part under the Lanham Act, 15 U.S.C. § 1051 et seq., and under the common law of the Commonwealth of Virginia. 6. This Court has subject matter jurisdiction over this matter pursuant to 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331 and 1338(a) and (b) in that it involves an action arising under the Lanham Act. This Court also has subject matter jurisdiction over this case pursuant to 28 U.S.C. § 1332(@)(1) in that the matter in controversy exceeds the sum of $75,000 and is between citizens of different states. This Court also has supplemental jurisdiction pursuant to 28 U.S.C. §§ 1338(b) and 1367 over Plaintiffs’ claims that arise under the laws of the Commonwealth of Virginia. 7. Upon information and belief, Advertise.com is subject to personal jurisdiction in the Commonwealth of Virginia because the unlawful conduct complained of herein causes injury, in part, in this judicial district, Advertise.com transacts business in this judicial district, and Advertise.com derives substantial revenue from its provision of services within the Commonwealth. For example, upon information and belief, Advertise.com has transacted business with Monstercommerce, a Herndon, Virginia-based company. 8. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b) in that, upon information and belief, a substantial part of the events giving rise to this complaint occurred in this judicial district. COMMON ALLEGATIONS (Plaintiffs? Business and ADVERTISING.COM and AD.COM Names and Marks) 9. AOL is a leading global ad-supported web company, with a comprehensive display advertising network in the U.S., a suite of popular web brands and products, and a