You are on page 1of 157

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

COOLEY LLP
ATTORNEYS AT LAW

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

publisher of innovative games played by individuals in more than 53 countries on mobile devices, online social networks, and other platforms. Since 2004, Digital Chocolate has offered for sale a popular action game under the mark MAFIA WARS. Notwithstanding Digital Chocolate’s wellknown and longstanding use of the MAFIA WARS mark, in September 2008 Defendant Zynga Game Network Inc. (“Defendant” or “Zynga”) introduced a competing game under the mark MAFIA WARS. 2. Digital Chocolate has repeatedly objected to Zynga’s ongoing use of the MAFIA

WARS mark, but despite Digital Chocolate’s notices and demands, Zynga has persisted in offering its game under the MAFIA WARS mark. Although in May 2009 Zynga expressly assured Digital Chocolate, in writing, that “Zynga does not claim trademark rights in MAFIA WARS,” just two months later Zynga filed an application with the United States Patent and Trademark Office (“USPTO”) seeking to register MAFIA WARS as its trademark. Despite being on notice of Digital Chocolate’s senior rights and infringement claim, Zynga repeatedly misrepresented to the USPTO that no other entity owned or claimed rights in the MAFIA WARS mark. 3. Through duplicity and bad faith, Zynga has effectively hijacked the MAFIA

WARS mark from Digital Chocolate and is aggressively marketing its games under the MAFIA WARS mark to Digital Chocolate’s substantial detriment. To protect its intellectual property rights and prevent Zynga from benefitting from its wrongful conduct, Digital Chocolate has initiated this action. THE PARTIES 4. Plaintiff Digital Chocolate, Inc. (“Digital Chocolate”) is a Delaware corporation

having its principal place of business at 1855 South Grant Street, San Mateo, California 944027017. /// /// 2
DIGITAL CHOCOLATE, INC.’S COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COOLEY LLP
ATTORNEYS AT LAW

5.

Digital Chocolate is informed and believes, and based thereon alleges that

Defendant Zynga Game Network Inc. is a Delaware corporation having its principal place of business at 365 Vermont Street, San Francisco, California 94103. JURISDICTION AND VENUE 6. This Court has jurisdiction of this action under 15 U.S.C. §§ 1119, 1121, and

1125, and 28 U.S.C. §§ 1331, 1338, and 1367. This action is filed, inter alia, under the United States Trademark Act of July 5, 1946, as amended, 15 U.S.C. § 1501 et seq. (the “Lanham Act”). 7. This Court has personal jurisdiction over Defendant because, inter alia, Defendant

maintains its principal place of business in California. 8. Venue is proper in this District pursuant to 28 U.S.C. § 1391, as both parties

maintain their principal place of business in this District and a substantial part of the events giving rise to the claims alleged herein occurred in this District. INTRA-DISTRICT ASSIGNMENT 9. This is an Intellectual Property Action within the meaning of Civil Local Rule 3-

2(c), and is to be assigned on a District-wide basis accordingly. GENERAL ALLEGATIONS DIGITAL CHOCOLATE AND ITS MAFIA WARS MARK 10. Digital Chocolate is a developer and publisher of popular mass market games and

social networking applications which are made available to consumers through a variety of platforms, including mobile phones, the Internet, social networking services, and game consoles. Founded in 2003, Digital Chocolate rapidly developed a reputation as a producer of high-quality and popular multi-platform games. Via partnerships with leading distributors, Digital

Chocolate’s products are available throughout the United States and around the world. Digital Chocolate has engaged in strategic acquisitions to expand its distribution and product offerings and, in June 2004, acquired Sumea Interactive Ltd. (“Sumea”), a premier game developer based in Finland. That acquisition expanded Digital Chocolate’s reach to 110 distribution partners in more than 53 countries on 5 continents. /// 3
DIGITAL CHOCOLATE, INC.’S COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COOLEY LLP
ATTORNEYS AT LAW

11.

In 2004, Digital Chocolate adopted and began using the mark MAFIA WARS in

the United States and throughout the world in connection with a new game developed by its wholly owned subsidiary, Digital Chocolate, Ltd. MAFIA WARS is a story-driven action game in which the player takes on the character of an aspiring member of a fictional crime syndicate. The game requires players to complete gangster-related tasks and assignments (known as “missions”) in order to advance their standing within the criminal organization. Digital

Chocolate’s MAFIA WARS game quickly became popular and developed a reputation for offering a rich game playing environment, compelling storyline, and rewarding challenges. Digital Chocolate’s MAFIA WARS game also has been highly rated and favorably reviewed in the industry press. (See, e.g., June 27, 2005 review by IGN Entertainment, a true and correct copy of which is attached as Exhibit A and incorporated by reference as though set forth herein.) 12. Given the early success of its initial MAFIA WARS game, Digital Chocolate

subsequently released a number of sequels under the MAFIA WARS brand. These include MAFIA WARS “Scarlotti’s War,” launched in July 2005; MAFIA WARS “Yakuza Wars,” launched in January 2007; and MAFIA WARS NEW YORK, launched in April 2009. The sequels are also story-driven action games where the player takes on the role of a figure in a fictional organized crime syndicate. The games have enjoyed success comparable to that of the original, and have been widely downloaded throughout the United States and the world. 13. Indeed, nearly two million consumers worldwide have downloaded Digital

Chocolate’s MAFIA WARS games, including hundreds of thousands of users in the United States. 14. As a result of the consumer appeal and popularity of its MAFIA WARS game

series, Digital Chocolate’s MAFIA WARS mark has come to embody the reputation and goodwill Digital Chocolate has earned in the marketplace for producing high quality products. MAFIA WARS mark is therefore a valuable asset of Digital Chocolate. ZYNGA GAME NETWORK’S INFRINGING MAFIA WARS MARK 15. Digital Chocolate is informed and believes, and based thereon alleges that The

Defendant is a developer and distributor of games available through various computer, online, 4
DIGITAL CHOCOLATE, INC.’S COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COOLEY LLP
ATTORNEYS AT LAW

and mobile phone platforms. Defendant was founded in 2007 and has subsequently produced several game products. In or about September 2008, well after Digital Chocolate introduced three game titles in its MAFIA WARS series, Defendant introduced and began selling a game under the mark MAFIA WARS and subsequently expanded its use of the MAFIA WARS mark to related products and services. As it has grown in dominance in the game industry, Zynga has garnered a reputation for its predatory business and suspect marketing tactics. (See, e.g., Zynga’s Secret To Success: Steal Great Ideas!, http://www.businessinsider.com/how-zynga-is-just-like-microsoft2010-1; Zynga Guerilla Marketing Ploy Gets Legal Response, http://www.sfgate.com/cgibin/blogs/cityinsider/detail?entry_id=70526&tsp=1, true and correct copies of which are attached as Exhibit B and incorporated by reference as though set forth herein.) 16. Defendant’s MAFIA WARS game is similar to Digital Chocolate’s MAFIA

WARS game in that players must complete various tasks and activities in order to advance their status (or level) within a fictional crime organization. Subsequent versions of Defendant’s game have taken place in a number of virtual “locales” including Bangkok, where users can join the Yakuza crime syndicate (similar to Digital Chocolate’s MAFIA WARS “Yakuza Wars” game), and New York (similar to Digital Chocolate’s MAFIA WARS NEW YORK game). 17. Since introducing its game in 2008, Defendant has utilized its substantial financial

resources to market its MAFIA WARS games broadly and also has introduced and marketed associated virtual goods and other related products and services via a variety of platforms, including social game networks, mobile phone platforms, and the Internet. Defendant’s

marketing has expanded well beyond these platforms however, and in June 2010 Defendant launched a multi-million dollar marketing campaign with 7-Eleven, whereby its MAFIA WARS games were promoted throughout over 7,000 convenience stores nationwide. Customers were invited to redeem codes found on MAFIA WARS branded products available at those stores for limited edition MAFIA WARS virtual goods and merchandise. True and correct copies of online articles describing the breadth of Defendant’s advertising and promotion campaign are attached as Exhibit C and incorporated by reference as though set forth herein. /// 5
DIGITAL CHOCOLATE, INC.’S COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COOLEY LLP
ATTORNEYS AT LAW

18.

As a result of its aggressive marketing, Defendant has enjoyed substantial success

in the marketplace for its MAFIA WARS products and services, claiming over 1.1 million daily active users of its MAFIA WARS game as of February 2009, over 4 million daily active users as of July 2009, and more than 7 million daily active users as of December 2009. 19. Digital Chocolate is informed and believes, and based thereon alleges that

Defendant has earned substantial revenue from sales of its MAFIA WARS games and related virtual goods and associated merchandise. Accordingly, Defendant has profited unjustly through its misappropriation of Digital Chocolate’s MAFIA WARS mark. ZYNGA’S BAD FAITH USE OF THE MAFIA WARS MARK 20. On January 21, 2009, Digital Chocolate gave Defendant written notice of its senior

rights in the MAFIA WARS mark, which include Digital Chocolate’s registration for the MAFIA WARS mark in the European Community, and demanded that Defendant immediately cease and desist its use of the MAFIA WARS mark. A true and correct copy of this correspondence is attached hereto as Exhibit D and incorporated by reference as though set forth herein. 21. On or about May 5, 2009, counsel for Defendant responded to Digital Chocolate’s

January 21 letter and stated: 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 ZYNGA MAFIA WARS. Zynga disclaims any trademark rights in the term “Mafia Wars” in connection with its game. Despite Zynga’s position that its use of Mafia Wars does not infringe your client’s 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 materials that are targeted at and distributed in the EC. A true and correct copy of this correspondence is attached hereto as Exhibit E and incorporated by reference as though set forth herein. 22. In direct contradiction to the representations made in its May 2009 letter to Digital

Chocolate, Defendant continued to make its MAFIA WARS game available in multiple European jurisdictions through Apple’s iTunes online stores and the Facebook social networking service. Moreover, despite being on notice of Digital Chocolate’s senior trademark registration for the MAFIA WARS trademark in the EU, Defendant filed a trademark application for MAFIA WARS 6
DIGITAL CHOCOLATE, INC.’S COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COOLEY LLP
ATTORNEYS AT LAW

in the United Kingdom, a member country of the European Community. 23. On June 11, 2009, Defendant initiated an action in this District for trademark

infringement and false advertising against Playdom, Inc. based on Defendant’s purported rights in the MAFIA WARS mark. Defendant’s allegations in that proceeding included the following misleading and false claims: 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 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 the senior user of the “Mafia Wars” mark. (Emphasis added.) A true and correct copy of the Complaint in that proceeding is attached hereto as Exhibit F and incorporated by reference as though set forth herein. 24. On or about July 1, 2009, Zynga filed a U.S. trademark application to register a

stylized version of the MAFIA WARS trademark for “downloadable computer game software for use on wireless devices and computers” in Class 9, and “entertainment services, namely, providing on-line computer games” in Class 41. A true and correct copy of the USPTO record reflecting the status of this application is attached as Exhibit G and incorporated by reference as though set forth herein. 25. In filing the foregoing trademark application, Defendant repeatedly attested to the

following under penalty of perjury: 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 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 . . .; 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 . . . to cause confusion, or to cause mistake, or to deceive . . . . (Emphasis added.) A true and correct copy of the application containing this declaration is attached hereto as Exhibit H and incorporated by reference as though set forth herein. The declaration in this application was executed by the same attorney who only two months earlier wrote (in the May 5, 2009 letter to Digital Chocolate) that Zynga “does not claim Mafia Wars as a trademark” and “disclaims any trademark rights in the term ‘Mafia Wars’ in connection with its game.” (See Exhibit E.) By the 7
DIGITAL CHOCOLATE, INC.’S COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COOLEY LLP
ATTORNEYS AT LAW

time it filed its U.S. MAFIA WARS application, Defendant was on notice of Digital Chocolate’s senior rights in the MAFIA WARS mark, rendering its affirmations to the USPTO fraudulent. Defendant made this same affirmation to the USPTO on two subsequent occasions, true and correct copies of which are attached as Exhibits I and J and incorporated by reference as though set forth herein. 26. On or about January 4, 2010, Defendant applied to expand protection of its

MAFIA WARS trademark to Australia, China, Japan, and South Korea, under the Madrid Protocol, on the basis of its fraudulent U.S. trademark application. A true and correct copy of the WIPO record reflecting the current status of Defendant’s Madrid Protocol filing is attached as Exhibit K and incorporated by reference as though set forth herein. Defendant also filed separate applications in the United Kingdom, Canada, and New Zealand, claiming the asserted priority date of its U.S. trademark application. True and correct copies of the online database records reflecting the current status of these filings are attached hereto as Exhibits L, M, and N, respectively, and incorporated by reference as though set forth herein. 27. On or about March 26, 2010, Defendant filed a second application in the United

States to register its MAFIA WARS mark in connection with additional goods, including “art paper, decals, gift bags, greeting cards, memo pads, stationery, stickers, toilet paper, wrapping paper, and writing paper” in Class 16; “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 brushers” in Class 21; and “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” in Class 25. A true and correct copy of the USPTO record reflecting this application is attached hereto as Exhibit O and incorporated by reference as though set forth herein. Defendant again affirmed under oath in its application that “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 . . . to cause confusion, or to cause mistake, or to deceive.” A true and correct copy of Defendant’s affirmation to that effect is 8
DIGITAL CHOCOLATE, INC.’S COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COOLEY LLP
ATTORNEYS AT LAW

attached hereto as Exhibit P and incorporated by reference as though set forth herein. 28. Defendant’s knowing submission of false and misleading statements to the

USPTO in the prosecution of its applications renders the applications void on the grounds of fraud. Registration of Defendant’s pending MAFIA WARS trademark applications should be refused accordingly. 29. In light of Defendant’s continued use and exploitation of the MAFIA WARS

mark, representatives of Digital Chocolate sent repeated communications to Defendant in the months following Defendant’s May 5, 2009 letter in a further effort to obtain Defendant’s agreement to cease use of the mark. Defendant, however, refused to cease use of the mark and failed to provide any justification for its continued use and promotion of the MAFIA WARS mark, expansion of its MAFIA WAR game offerings, and aggressive claim of rights in the mark. 30. On or about March 11, 2010, Defendant initiated another trademark infringement

action in this District, again based on its purported rights in the MAFIA WARS mark. Despite its communications with Digital Chocolate regarding Digital Chocolate’s prior use of the MAFIA WARS mark for its games, Zynga submitted the following false and misleading allegations in that proceeding: 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 trademark MAFIA WARS and has made use of the trademark MAFIA WARS in commerce since April 2009. *** The mark MAFIA WARS is inherently distinctive, and furthermore, by virtue of 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 source identifier for [Zynga’s] game. (Emphasis added.) A true and correct copy of this Complaint is attached hereto as Exhibit Q and incorporated by reference as though set forth herein. 31. Defendant’s adoption of Digital Chocolate’s mark has caused actual consumer

confusion in the marketplace. Indeed, Digital Chocolate has received inquiries from consumers who are confused as to the source of the parties’ respective games. /// 9
DIGITAL CHOCOLATE, INC.’S COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COOLEY LLP
ATTORNEYS AT LAW

32.

In a good faith effort to resolve this matter, Digital Chocolate has attempted to

engage Defendant multiple times. In response, Defendant has made false promises of cooperation and offered lip service that it respected Digital Chocolate’s rights in the MAFIA WARS mark. Zynga’s bad faith is demonstrated by actions that belie its pretense of good faith; among other acts, Zynga filed an application for MAFIA WARS in the U.K. and in several other countries around the world (while engaged in discussions with Digital Chocolate); Zynga continued to zealously market and expand use of the MAFIA WARS mark in connection with its games and related products; and Zynga falsely claimed to the public, the USPTO, and the courts that it “coined” the MAFIA WARS mark and owns superior rights in the mark. Zynga’s wrongful misappropriation of Digital Chocolate’s MAFIA WARS mark has damaged Digital Chocolate’s rights, goodwill, and revenue associated with its MAFIA WARS games. FIRST CAUSE OF ACTION FEDERAL TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION, 15 U.S.C. § 1125 33. Digital Chocolate incorporates by reference paragraphs 1 through 32, inclusive, as

if fully set forth herein. 34. Digital Chocolate began offering games and related services under the MAFIA

WARS mark in the United States in 2004 and has used the MAFIA WARS mark continuously in United States commerce since that time. 35. Digital Chocolate’s MAFIA WARS goods and services are made available in the

United States on its website at http://digitalchocolate.com and through mobile network operators. 36. Digital Chocolate has invested substantial time, effort, and financial resources in

the development, promotion, and sale of its MAFIA WARS games in interstate commerce in the United States. The MAFIA WARS mark has become, through widespread and favorable public acceptance and recognition, an asset of substantial value as a symbol of Digital Chocolate, its quality products and services, and its goodwill. 37. Notwithstanding Digital Chocolate’s rights in the MAFIA WARS mark, beginning

in or about September 2008 Defendant adopted and began to use the identical MAFIA WARS mark in interstate commerce in connection with the sale and offering for sale of its games and 10
DIGITAL CHOCOLATE, INC.’S COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COOLEY LLP
ATTORNEYS AT LAW

ancillary products and services. 38. Digital Chocolate is informed and believes, and based thereon alleges that

Defendant adopted the MAFIA WARS mark with knowledge of Digital Chocolate’s MAFIA WARS mark and, without Digital Chocolate’s consent and in contravention of Digital Chocolate’s rights, has continued to use that mark in connection with the sale, offering for sale, distribution, and promotion of its goods and services. 39. Defendant’s MAFIA WARS mark is identical to Digital Chocolate’s MAFIA

WARS mark in appearance, sound, and meaning; is being used in connection with the same type of goods and services as those offered by Digital Chocolate; is being offered through the same channels of trade, i.e., mobile telephone platforms and the Internet; and targets the same consumer market. 40. The instantaneous nature of Internet navigation, the speed at which people

navigate and are presented with advertisements, images and/or data on the Internet, and the speed at which consumers perform transactions on the Internet, all tend to increase the risk of confusion or mistake about the source of a product or service. 41. Defendant has misrepresented the nature of its rights in the MAFIA WARS mark

to the USPTO in its efforts to secure registration of the mark, such that its pending applications should be declared void ab initio for fraud. 42. Defendant’s continued use of the MAFIA WARS mark has injured and will

continue to injure Digital Chocolate by causing a likelihood that the public will continue to be confused into believing that the goods or services provided by Defendant are endorsed or sponsored by Digital Chocolate and constitutes trademark infringement and unfair competition in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). 43. Digital Chocolate has no control over the nature and quality of the goods and

services offered by Defendant under the MAFIA WARS mark, and Digital Chocolate’s reputation and goodwill will be damaged and the value of its common law MAFIA WARS mark jeopardized by Defendant’s continued use of the MAFIA WARS name and mark. /// 11
DIGITAL CHOCOLATE, INC.’S COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COOLEY LLP
ATTORNEYS AT LAW

44.

Because of the actual confusion and the likelihood of continued confusion between

the parties’ marks, defects, objections, or faults found with Defendant’s products and services offered under the MAFIA WARS mark could negatively reflect upon and injure the reputation that Digital Chocolate has established for the services it offers in connection with its MAFIA WARS mark. 45. In the alternative, the confusion created by Defendant’s adoption of the MAFIA

WARS mark and aggressive promotion of its MAFIA WARS products and services has overwhelmed the market presence of Digital Chocolate’s MAFIA WARS game, resulting in reverse confusion. Defendant’s acts as alleged herein could cause consumers to believe that Digital Chocolate is the unauthorized infringer of Zynga’s purported MAFIA WARS mark, resulting in injury to Digital Chocolate’s reputation and goodwill in its business and MAFIA WARS mark. 46. Defendant’s acts as alleged above, if not enjoined, will continue. Digital

Chocolate has no adequate remedy at law in that the amount of its damages is difficult to ascertain with specificity. 47. As a result of Defendant’s infringement of Digital Chocolate’s marks, Digital

Chocolate has incurred damages in an amount to be proven at trial consisting of, among other things, diminution in the value of and goodwill associated with the marks. 48. Defendant’s unauthorized use of the MAFIA WARS mark in interstate commerce

as described herein constitutes trademark infringement and unfair competition under 15 U.S.C. § 1125(a), as it is likely to cause consumer confusion, mistake, or deception. SECOND CAUSE OF ACTION FEDERAL FALSE DESIGNATION OF ORIGIN, 15 U.S.C. § 1125 49. Digital Chocolate incorporates by reference paragraphs 1 through 48, inclusive, as

if fully set forth herein. 50. In connection with Defendant’s goods and services, Defendant has used in

commerce and without Digital Chocolate’s authorization or consent the MAFIA WARS mark for game products and services, which is identical to Digital Chocolate’s MAFIA WARS mark for 12
DIGITAL CHOCOLATE, INC.’S COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COOLEY LLP
ATTORNEYS AT LAW

game products and services in appearance, sound, meaning, and commercial impression. 51. Such acts have caused confusion, and are likely to continue to cause confusion and

deception among the purchasing public and/or are likely to lead the consuming public to believe that Digital Chocolate has authorized, approved or somehow sponsored Defendant’s MAFIA WARS products and services. 52. Defendant’s unauthorized sale and marketing of its products and services in

interstate commerce using the MAFIA WARS mark constitutes a use of a false designation of origin or false representation that wrongfully and falsely designates Defendant’s products as originating from or connected with Digital Chocolate, and constitutes the use of false descriptions or representations in interstate commerce in violation of 15 U.S.C. § 1125(a). 53. Defendant’s false designation of origin and false description through its use of the

MAFIA WARS mark has caused, and if not enjoined will continue to cause, irreparable and continuing harm to Digital Chocolate’s marks, business, reputation, and goodwill, for which Digital Chocolate has no adequate remedy at law. 54. As a direct and proximate result of Defendant’s wrongful use of the MAFIA

WARS mark, Digital Chocolate has been and will continue to be damaged by, without limitation, the diminution in the value of its trademarks, reputation, business, and goodwill in an amount to be proven at trial. 55. Digital Chocolate is informed and believes, and based thereon alleges that

Defendant adopted the MAFIA WARS mark with knowledge of Digital Chocolate’s MAFIA WARS mark, and with the intent to create a likelihood of confusion with regard to and/or trade off of Digital Chocolate’s MAFIA WARS mark. THIRD CAUSE OF ACTION VIOLATION OF ANTI-CYBERSQUATTING CONSUMER PROTECTION ACT, 15 U.S.C. § 1125(D) 56. Digital Chocolate incorporates by reference paragraphs 1 through 55, inclusive, as

if fully set forth herein. 57. Digital Chocolate is informed and believes, and based thereon alleges that

Defendant acquired the MAFIAWARS.COM domain name in July 2009, and that Defendant 13
DIGITAL CHOCOLATE, INC.’S COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COOLEY LLP
ATTORNEYS AT LAW

subsequently made use of the MAFIAWARS.COM domain name. True and correct copies of the domain name registration records for MAFIAWARS.COM reflecting the acquisition are attached hereto as Exhibit R and incorporated herein by reference. True and correct print-screens of the website affiliated with the MAFIAWARS.COM domain name as of August 5, 2010, reflecting Defendant’s use of the domain name, are attached hereto as Exhibit S and incorporated herein by reference. 58. Digital Chocolate began using the distinctive MAFIA WARS mark almost five

years prior to Defendant’s acquisition of the MAFIAWARS.COM domain name. By the time Defendant acquired the MAFIAWARS.COM domain name, the MAFIA WARS mark was widely recognized as an indicator of source for Digital Chocolate’s games. 59. Defendant’s MAFIAWARS.COM domain name is identical to Digital Chocolate’s

MAFIA WARS trademark. 60. Digital Chocolate is informed and believes and thereon alleges that Defendant

acquired and has used the MAFIAWARS.COM domain name with a bad faith intent to profit from Digital Chocolate’s MAFIA WARS mark. 61. Defendant’s actions have caused, and continue to cause, great and irreparable

injury to Digital Chocolate. Unless these acts are restrained by this Court, they will continue, and Digital Chocolate will continue to suffer such injury. 62. Digital Chocolate is entitled to cancellation of Defendant’s MAFIAWARS.COM

domain name registration and transfer of the domain name to Digital Chocolate, along with monetary compensation and statutory penalties pursuant to the Anti-Cybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d). FOURTH CAUSE OF ACTION COMMON LAW TRADEMARK INFRINGEMENT 63. Digital Chocolate incorporates by reference paragraphs 1 through 62, inclusive, as

if fully set forth herein. /// /// 14
DIGITAL CHOCOLATE, INC.’S COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COOLEY LLP
ATTORNEYS AT LAW

64.

Defendant’s acts alleged herein and specifically, without limitation, Defendant’s

use of the MAFIA WARS mark, infringe Digital Chocolate’s exclusive trademark rights in the MAFIA WARS mark, in violation of the common law. 65. Defendant’s acts as alleged above, if not enjoined, will continue. Digital

Chocolate has no adequate remedy at law in that the amount of its damages is difficult to ascertain with specificity. 66. As a result of Defendant’s acts as alleged above, Digital Chocolate has incurred

damages in an amount to be proven at trial consisting of, among other things, diminution in the value of the goodwill associated with Digital Chocolate’s marks. FIFTH CAUSE OF ACTION COMMON LAW UNFAIR COMPETITION 67. Digital Chocolate incorporates by reference paragraphs 1 through 66, inclusive, as

if fully set forth herein. 68. Digital Chocolate is informed and believes, and based thereon alleges that

Defendant has engaged in and continues to engage in unfair competition by using the MAFIA WARS mark with the intention of interfering with and trading on the business reputation and goodwill engendered by Digital Chocolate in the MAFIA WARS mark through Digital Chocolate’s hard work and diligent effort. 69. Defendant’s acts have caused Digital Chocolate competitive injury, as described

herein, and specifically have caused Digital Chocolate to incur damages in an amount to be proven at trial consisting of, among other things, diminution in the value of and goodwill associated with Digital Chocolate’s marks. 70. Defendant’s acts as alleged above, and specifically, without limitation,

Defendant’s use of the MAFIA WARS mark, if not enjoined, will continue. Digital Chocolate has no adequate remedy at law in that the amount of its damages is difficult to ascertain with specificity. /// /// 15
DIGITAL CHOCOLATE, INC.’S COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COOLEY LLP
ATTORNEYS AT LAW

SIXTH CAUSE OF ACTION STATE UNFAIR COMPETITION, CAL. BUS. & PROF. CODE §§ 17200, ET SEQ. 71. Digital Chocolate incorporates by reference paragraphs 1 through 70, inclusive, as

if fully set forth herein. 72. By the acts described herein, Zynga has engaged in unlawful and unfair business

practices that have injured and will continue to injure Digital Chocolate in its business and property, in violation of California Business and Professions Code §§ 17200 et seq. 73. Defendant’s acts alleged herein have caused monetary damages to Digital

Chocolate in an amount to be proven at trial, and have caused, and will continue to cause, irreparable injury to Digital Chocolate and its business, reputation, and trademarks, unless and until Defendant is permanently enjoined. 74. As a direct and proximate result of Defendant’s conduct alleged herein, Defendant

has been unjustly enriched and should be ordered to disgorge any and all profits earned as a result of such unlawful conduct. PRAYER FOR RELIEF WHEREFORE, Digital Chocolate prays: A. That this Court grant permanent injunctive relief enjoining Defendant and all

others acting in concert with and having knowledge thereof from using the MAFIA WARS mark, and any similar trade name or mark or variant thereof, as a trade name, trademark, service mark, domain name, or for any other purpose; B. That this Court declare the pending MAFIA WARS USPTO trademark

applications void ab initio; C. That this Court order Defendant to account to Digital Chocolate and disgorge any

and all revenues and profits that Defendant has derived from its wrongful actions; D. That this Court hold Defendant liable for all compensatory and/or statutory

damages suffered by Digital Chocolate resulting from the acts alleged. E. That this Court award Digital Chocolate treble damages, reasonable attorney’s fees

and expenses, and costs; 16
DIGITAL CHOCOLATE, INC.’S COMPLAINT

EXHIBIT A

Mafia Wars - Wireless Review at IGN
IGN Entertainment Games: IGN | GameSpy | FilePlanet | TeamXbox | CCG | GameStats | Direct2Drive | What They Play | Battlefield Heroes

IGN

Search
News Guides Cheats Join the IGN Community! Movies TV Log In | Register | Comics Video

Home Wireless

My IGN More

Xbox 360

PS3

Wii

PC

DS

PSP

Reviews

Upcoming

All Things StarCraft II Review: What's Our Verdict? Easter Egg: Lost Viking Video: Graphics Comparison

Mafia Wars (2004) Wireless
Like 1p Release Date: January 01, 2004

More Info

Game Highlights

Review

Images

Walkthroughs

Cheats

All Articles
SHARE THIS ARTICLE

Mafia Wars
Sumea has an offer that you may or may not be able to refuse.
June 27, 2005
by Levi Buchanan

LIKE THIS ARTICLE Like You and 2 others like this.2 people like this. · Admin Page · Error · Unlike You like Mafia Wars. · Unlike

You like Mafia Wars. · Admin Page · Error · Unlike

American pop culture has embraced the Mafia -- romanticized organized crime has never looked better through the eyes of Hollywood, save for the warts-and-all "Sopranos." Sumea, 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 brownsuited rival gang members, your stature increases. Every time 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 certainly appreciated. There is a depth to Mafia Wars that is definitely appreciated, too. The levels are large and intricately designed, full of buildings you can step into, even if official business doesn't require you to do so. (Some of these buildings contain health power-ups, so if you've taken a few slugs, it's best to become 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. Mafia Wars (2004)
Published by: Sumea Developed by: Sumea Genre: Action Number of Players: 1 Release Date: US: January 1, 2004

LATEST IMAGES

GAME DETAILS

View all 3 images »

http://wireless.ign.com/articles/629/629386p1.html[8/19/2010 2:04:49 PM]

Mafia Wars - Wireless Review at IGN

As you attempt to conquer the streets, you must mind your weapon. Walking around with a tommy gun, shotgun, or pistol will attract the unwanted attention of the cops. Killing civilians will also land you in hot water, so that should be avoided unless you want to make your rep as a maniac. There is a secondary game mode, too, called Last Man 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. The action elements work pretty well, save for the auto-aim feature that is a tab too temperamental. When you have your 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

7.7

IGN SCORE
"Good"

Press Score - 2 Ratings Reader Score - 7 Ratings
0.0

3.8 7.7
Optional: Write a full review

AROUND THE NETWORK
Mafia Wars (2004) at IGN Mafia Wars (2004) at GameSpy Mafia Wars (2004) at GameStats

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
out of 10

Description
Click here for ratings guide

7.7 Good
OVERALL (out of 10)

See All Mafia Wars (2004) (Cell) Reader Reviews Write Your Own Review of Mafia Wars (2004) (Cell)

SHARE THIS ARTICLE

Hottest Wireless Reviews
Chaos Rings iPad Review

http://wireless.ign.com/articles/629/629386p1.html[8/19/2010 2:04:49 PM]

Mafia Wars - Wireless Review at IGN What a delight to see a developer as talented as Square Enix... Ghosts'N Goblins: Gold Knights II iPhone Review Splode iPhone Review Meow Meow Happy Fight Review Madden NFL 11 iPhone Review

CONNECTIONS FOR MAFIA WARS (2004) (CELL)
Popular games in this genre: 1. Kane & Lynch 2: Dog Days (X360) 2. Infamous 2 (PS3) 3. Lara Croft and the Guardian of Light (X360) 4. Red Dead Redemption (X360) 5. Assassin's Creed II (X360) Popular games on this platform: 1. Halo Waypoint (Cell) 2. Crackdown 2: Project Sunburst (Cell) 3. The Harvest (Cell) 4. Star Wars Cantina (Cell) 5. Ilomilo (Cell)

Most recent contributions for Mafia Wars (2004): Be the first to contribute a reader review, history, gameplay, story, trivia, quote, bug, or reference.

IGN.com: Editorial Staff | Review Guide | Send us News | Sign Up for Email Updates International: Australia | Ireland | United Kingdom | United States

Hot Games: Halo: Reach | Call of Duty: Black Ops | Infamous 2 | Fable III | Killzone 3 | Top Searches

By continuing past this page, and by your continued use of this site, you agree to be bound by and abide by the User Agreement. About Us | Advertise | Contact Us | Press | Careers IGN | GameSpy | Comrade | Arena | FilePlanet | Direct2Drive | GameSpy Technology TeamXbox | Game Sites | VE3D | CheatsCodesGuides | GameStats | GamerMetrics AskMen | GIGA.DE | What They Play | Battlefield Heroes Copyright 1996-2010, IGN Entertainment, Inc. Support | Privacy Policy | User Agreement | RSS Feeds

IGN’s enterprise databases running Oracle, SQL and MySQL are professionally monitored and managed by Pythian Remote DBA.

http://wireless.ign.com/articles/629/629386p1.html[8/19/2010 2:04:49 PM]

EXHIBIT B

Zynga's Secret To Success: Steal Great Ideas!

Login With Facebook |

Login With Twitter | Login | Register

Home Online

SAI Mobile

Wire

Clusterstock Media

Money Game Startups

War Room Road Warriors

Travel

Latest

Video SAI 50

Hive

Tape

Questions Hive

Blackboard Tape Questions

Jobs

Gadgets

Most Commented

Silicon Alley 100

Hot » Commodities | Economy | Gadgets | Hedge Funds | Online | Wall Street ... more topics

search

Zynga's Secret To Success: Steal Great Ideas!
Nick Saint | Jan. 19, 2010, 2:10 PM | 69,411 | 25
Like A A

Sign up to get SILICON ALLEY INSIDER emails
Email
Your Email Address
sign-up

Subscribe

A Your Money
Sponsored by
10271.21 Dow -144.33 -1.39% Nasdaq -36.75 S&P 500 -18.53 2178.95 -1.66% 1075.63 -1.69%

One reason people love to hate Zynga is the approach Zynga has taken to becoming so successful: The Microsoft approach. Specifically: Copy a competitor's product, then crush the competitor. Bill Gates did not grow Microsoft into an global giant by purely innovating or creating 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 the Macintosh to years of relative obscurity; Internet Explorer killed off Netscape; Excel walloped Lotus, and Word replaced WordPerfect as the gold standard in wordprocessing. Similarly, to grow his company, Zynga founder and CEO Mark Pincus has applied this model to the social gaming industry. One way Zynga creates huge hits is by identifying popular games from other studios, creating a near replica, and then beating the original with a bigger marketing budget. As with Microsoft, this strategy has made Zynga unpopular. The company has already paid one sevenfigure 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. 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.

Advertisement

See Also:
"High Level Ex-Facebook Exec" Says Zuckerberg Wants To Hire A CEO – Analyst Places Is Facebook's Biggest Bet To Date

Get Ready For A Wave Of Annoying Facebook Places Check Ins

Facebook → Placebook
• The Implications Of Facebook's "Places"

• REVEALED: Facebook's Wacky Product Launch Ceremonies

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

Zynga's Secret To Success: Steal Great Ideas!

Take a look at Zynga's games, the games it copied, and how it has crushed the innovators →
Photo: Joi

View As Slideshow »

• Facebook Places Is An Obvious • Three Engineers Foursquare Rip-Off And It's Going To Who Made Be Huge Facebook Something 500 Million People Love Just Quit • Facebook Places Off To A Rough Start In San Francisco

Before Zynga came out with Mafia Wars…

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

…Psycho Monkey developed Mob Wars

More

| All »

Jobs
Machine Learning Engineer San Mateo, CA (United States) Redbeacon More Jobs > Post a Job >

Read Me

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

Zynga's Secret To Success: Steal Great Ideas!

looking for a great editor-inchief.Read »

Before Zynga's FarmVille…

Mark Suster 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 ecommerce 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: April 2009 Developer: Slashkey Users: 14,104,459 FARMVILLE: Date Released: June 2009 Users: 74,008,714 What it is: You farm. You plant seeds, which take 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 FarmVille can become your 'neighbors', their farms actually appearing right next to yours; interacting with them, or getting more people to sign up, helps you earn more.
7,443

T HE H IVE
What Smart People Are Reading Right Now Twifficiency 53 The Tragic Death of Practically Everything 31 The Web Is Dead. Long Live the Internet | Magazine 30

More
300x600 http://www.businessinsider.com/how-zynga-is-just-like-microsoft-2010-1 B 0 7 usiness

| All »

tech

Small Business Tech
Technology reviews and advice for small businesses. Hardware, software, mobile, network & social media strategies to help grow your company.

businesstech Jim Goldman

Before Zynga made FishVille…
1,517

Technology reporter and journalist for CNBC. Writer of TechCheck. Focused on tech news, trends, analysis & economics.

jimgoldman jeffersongraham
Tech reporter for USA TODAY. Host & producer of Talking Tech web video show. Journalist covering consumer electronics and internet culture.

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

Zynga's Secret To Success: Steal Great Ideas!

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

…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 trade with friends who also play.

Sponsors

Sponsor Business Insider » Popular Commented Tags

Zynga's game Cafe World came after…

Here It Is: The World's Most Expensive Home 198,982 Views

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

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

Zynga's Secret To Success: Steal Great Ideas!

…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…

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

Zynga's Secret To Success: Steal Great Ideas!

…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)

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

Zynga's Secret To Success: Steal Great Ideas!

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

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

Zynga's Secret To Success: Steal Great Ideas!

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, Facebook, Gaming, Media, Electronic Arts | Get Alerts for these topics »

Share:
Twitter Facebook Buzz Digg StumbleUpon Buzz

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

Zynga's Secret To Success: Steal Great Ideas!

Reddit

LinkedIn

Email

Embed

Alerts

Newsletter

Advertisement:

Blackboard Home »

Electronic Arts Edit This »

Zynga

Edit This »

Facebook

Edit This »

Summary
Electronic Arts is an international video game developer, marketer, publisher and distributor. More »

Summary
Social games maker Zynga develops browser-based games that work both standalone and as application widgets on social networking websites such as Facebook. Its games include FarmVille, Mafia Wars, Zynga Poker, YoVille... More »

Summary
Facebook is one of the largest web sites in the world. The site was started in 2004 by Mark Zuckerberg when he was an undergraduate student at Harvard and grew rapidly to include hundreds of millions of users. Since September... More »

Nick Saint is a reporter at The Business Insider. Contact: e-mail: nsaint@businessinsider.com AIM: erraticnyc Subscribe to his twitter feed

Recent Posts
FarmVille Creator Zynga Hir... Jonah Peretti's Awesome Vir... Are You Smart Enough To Get...

Sponsored Link: Join TD AMERITRADE. Trade free for 30 days + get $100. Then get $9.99 trades.

25 Comments
Comment kicked to The Bleachers.

Receive email updates on new comments!

Comment kicked to The Bleachers.

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

Zynga's Secret To Success: Steal Great Ideas!

Comment kicked to The Bleachers.

OK on Jan 19, 3:15 PM said: Zynga bought yoville and poker so in fact zynga has never made a original successful game. I doubt they ever will. Reply

4

1

Flag as Offensive

Parker (URL) on Jan 19, 3:22 PM said: This post reeked of M$ hate, but its true. Reply

2

1

Flag as Offensive

just.a.guy on Jan 19, 3:33 PM said: It's pretty amazing how fast Zynga's offerings have followed the competitors. If 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.

4

0

Flag as Offensive

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: This has been practiced by the smartest companies for many years. Pretty sure that the standard b-school example for this is Toyota. Reply

4

0

Flag as Offensive

Muhammad (URL) on Jan 19, 3:39 PM said: You could say the exact same thing about Facebook copying liberally from Tumblr/Twitter: status updates, "like", lists, now retweets. Reply

3

0

Flag as Offensive

Henry Blodget on Jan 19, 5:31 PM said: @Muhammad: Yes. We have said that, actually. It's a good strategy. Reply

2

0

Flag as Offensive

henry blodget on Jan 19, 9:24 PM said: now they have the money so they can buy real game developers i just wonder how long that business model will last since they have NO MOAT Reply

3

0

Flag as Offensive

Kareem on Jan 19, 10:05 PM said:

0

2

Flag as Offensive Not sure if you guys are aware, but your site is deathly slow a lot of the time 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

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

Zynga's Secret To Success: Steal Great Ideas!

Sounds like YoVille is a copy of the Sims and Animal Crossing. Reply

Flag as Offensive

FML for your school -> (URL) on Jan 20, 10:29 AM said: @Lawrence: Agree. You can trace anything to something b/c seriously at this point of history no idea is truly "innovative."

0

1

Flag as Offensive

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: Nick,

1

5

Flag as Offensive

What part of business competition, product development and researching the competitivemarketplace 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: @popo: Wait. Did you read the article?

1

1

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: Time out Larry Ellison was beloved? by who? *grin*

2

0

Flag as Offensive

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

Zynga's Secret To Success: Steal Great Ideas!

Reply

Matt on Jan 20, 9:08 AM said: Lotus sucked. I had to build an interactive training package on it once, hated every minute of using it. Reply

2

0

Flag as Offensive

Neek on Jan 20, 10:43 AM said: There seems to be a lot of mistaken assumptions here.

2

2

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: @Neek: Not sure your comment on excel is correct. Excel was created in the 80s in response to the completely shitty "visicalc". I could be wrong Reply

1

1

Flag as Offensive

Neek on Jan 23, 11:28 AM said:

1

1

@Prick: You must be referring to MS Multiplan. Excel was made for 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.

Flag as Offensive

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: @SonicMaBro 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

0

0

Flag as Offensive

Alacrity on Mar 7, 6:24 PM said:

0

0

Flag as Offensive Zynga steals good ideas? Did WoW steal their MMO idea from Everquest, 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

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

Zynga's Secret To Success: Steal Great Ideas!

originality is the innovation involved with taking old ideas and making them better. Reply

Muhammad Asad on Apr 28, 8:20 AM said: this post is very informative cheack it out...... Weighing Equipment Reply

0

0

Flag as Offensive

Iamgod Inhell on May 6, 10:29 AM said:

0

0

Recently, A very good friend of mine has had her acount hacked and 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

Flag as Offensive

missy johnson on Aug 6, 3:10 AM said:

0

0

Flag as Offensive i sent my idea into zynga about making farmville a little better, i suggested they 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

The Bleachers
Show Comments

Join the discussion

Login With Facebook

Login With Twitter

Name (Required)

Email Address (Required but never displayed)

URL

Comments (You may use HTML tags for style)

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

Zynga's Secret To Success: Steal Great Ideas!

Submit

A-Z INDEX
COMPANIES AUTHORS TAGS SITE MAP

LISTS & RANKINGS
SAI 50 SA 100 BEST BUSINESS SCHOOLS SEXIEST CEOS MORE

ABOUT BI
ABOUT MASTHEAD CONTACT ADVERTISE MOBILE

VERTICALS
TECH & TELECOM MEDIA FINANCE MACRO-ECONOMY GREEN TECH & ENERGY SMB STRATEGY LAW REVIEW TBI RESEARCH

VIDEO
LATEST TBI LIVE

YOUR ACCOUNT
REGISTER CHANGE YOUR EMAIL PREFERENCES

FOLLOW BI
EMAIL NEWSLETTERS RSS TWITTER LINKEDIN FACEBOOK

TOOLS
STOCK QUOTES JOB LISTINGS

* Copyright © 2010 Business Insider, Inc. All rights reserved. Registration on or use of this site constitutes acceptance of our Terms of Service and Privacy Policy. | Disclaimer Redesign by Intersect, Inc. | Powered by MongoDB | Hosted by Datapipe | Web analytics by Empirical Path

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

Zynga guerilla marketing ploy gets legal response : City Insider

http://www.sfgate.com/cgi-bin/blogs/cityinsider/detail?entry_id=70526&...

advertisement | your ad here

home of the

Subscribe to the weekend Chronicle

Search

SFGate

Web Search by YAHOO!

Businesses | Advanced

Sign In | Register

Bay Area & State

Nation

World

Politics

Crime

Tech

Obituaries

Education

Green

Science

Health

Weird

Opinion

City Insider
Contact Follow on Twitter
« Anonymous cabbie... | Main | Gascon Calls Out the... »

Zynga guerilla marketing ploy gets legal response
113 233 He may not be Nick the "button man," but San Francisco City Attorney Dennis Herrera has Mafia Wars in his sights. 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 administrative time, DPW officials said.

Welcome to the blog from the reporters and editors who tirelessly cover the issues of San Francisco. By Audrey Cooper, John Coté, Kristen Go, Rachel Gordon, Heather Knight, Marisa Lagos, Meredith May, C.W. Nevius, Jill Tucker, Read Bios
advertisement | your ad here

DPW

"We don't have any staff to spare," DPW spokeswoman Christine Falvey said. The total cleanup costs are still being tabulated. Each bill has the website address "mafiawarslv.com," which links to the Las Vegas version of game. The grand prize in a drawing for visiting the site is $25,000. The company also blew up an armored car in the desert to commemorate the Vegas game, saying:
Yeah, you read that right. We're taking a 4 1/2 ton armored truck into the Nevada desert, filling it with dynamite and then kaboom!

Some of the offending bills.

We're not sure if that's kosher with authorities in Nevada, but the fake bills are definitely not cool with Herrera. The city wants Zynga to turn over all its information about the guerrilla marketing campaign, asking for "emails, work orders, scope of work, contracts, marketing plans or other records -- that show when and where the graffiti in San Francisco was placed, and by whom," Deputy City Attorney Alex Tse wrote to the company. The city also wants Zynga to offer "a proposal to fully resolve the issue." Just paying for the cleanup won't be enough, officials said. "The City Attorney takes violations such as these very seriously and intends to pursue every available cause of action aggressively against Zynga for these illegal marketing tactics," Tse wrote.
Posted By: John Coté (Email) | August 20 2010 at 09:00 AM Listed Under: City Attorney Dennis Herrera Share | Email « Anonymous cabbie... | Main | Gascon Calls Out the... » (128) Add Your Comment Sort comments by:

RECENT ENTRIES Muni service restorations: a bumpy ride Like it or not, Newsom takes backseat Gascon Calls Out the City for Lack of Concern Over Shooting Zynga guerilla marketing ploy gets legal response Anonymous cabbie honored at old-time SF watering hole Rec & Park Commission chooses out-of-state vendor for Stow Lake boathouse It's a lean, mean, weed-fighting machine. Neighborhood groups sue over waterfront plan Newsom calls for dancing in the streets Jelly's nightclub will fight eviction notice, points to poop as cause
More »

CATEGORIES Art (16) Being green (67) Board of Supervisors (329) Budget crisis (172) Campaign finances (10) City Attorney Dennis Herrera (28) City icons (38) Crime (95) DA Kamala Harris (13) Development (46) education (2) Film (4) Health programs (57) Homeless issues (16) Housing (38) If you build it, they will come (94) Immigration (8) In the classroom (87) Landmarks (7)

1 of 3

8/23/2010 1:15 PM

Zynga guerilla marketing ploy gets legal response : City Insider

http://www.sfgate.com/cgi-bin/blogs/cityinsider/detail?entry_id=70526&...

sillyvalley 9:31 AM on August 20, 2010 What's to discuss? Just send them the bill.
REPLY 9 replies (230) (9)
POPULARITY: 221

|

|

[Report Abuse]

Name withheld 9:32 AM on August 20, 2010 This comment has violated our Terms and Conditions, and has been removed.

jetgirl 9:34 AM on August 20, 2010 I kind of liked it...money trees!
REPLY 1 reply (5) (70)
POPULARITY: -65

|

|

[Report Abuse]

Libraries (21) Living here (241) Mayor Gavin Newsom (335) Movers and shakers (84) November campaigns (94) Presidio (8) Protest of the day (27) Ranking SF (22) Rec and Parks (91) Sanctuary city (23) See you in court (70) SF Zoo (3) The Arts (1) The Road to Sacramento (18) Transit, traffic and just getting around (233) ARCHIVES

joe_friday 9:34 AM on August 20, 2010 Good thing they didn't pull this in Boston.
REPLY 4 replies (44) (7)
POPULARITY: 37

|

|

[Report Abuse]

cronmunist 9:35 AM on August 20, 2010 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.
REPLY 7 replies (100) (21)
POPULARITY: 79

« AUGUST 2010 SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

|

|

[Report Abuse]

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 2 replies (35) (91)
POPULARITY: -56

|

|

[Report Abuse]

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?
REPLY 11 replies (165) (20)
POPULARITY: 145

|

|

[Report Abuse] Home News Sports Business [return to top] 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?
REPLY 4 replies (93) (14)
POPULARITY: 79

|

|

[Report Abuse]

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)
REPLY (28) (2)
POPULARITY: 26

|

|

[Report Abuse]

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.
REPLY 4 replies View Page: 1 2 3 4 5 6 7 8 9 10 Next » Comments Per Page: 10 | 20 | 50 (111) (9)
POPULARITY: 102

|

|

[Report Abuse]

Add Your Comment
New to the site? To use commenting, you need to sign up. Already a member? Please log in. Username Password
Remember Me (Forgot Password?)

2 of 3

8/23/2010 1:15 PM

Zynga guerilla marketing ploy gets legal response : City Insider

http://www.sfgate.com/cgi-bin/blogs/cityinsider/detail?entry_id=70526&...

Ads by Yahoo! Invest in Gold: Learn How Gold Delivered to Your Door. Free Investor Kit. Since 1960.
(Goldline.com/Gold)

Penny Stocks Trading Community Sign up now for 100% free penny stock alerts. Watch your profits soar.
(FreePennyAlerts.com)

Advertising Services: Place a Classified Reader Services: Home Delivery Company Info: Contact Us

Advertise in Print E-Edition

Advertise Online Mobile

About Our Ads Newsletters

Public Notices Feedback

Local Businesses: Business Directory Buy Photos FAQ Corrections Get Us Submissions

Subscribers

RSS Feeds

Hearst Corp.

Privacy Policy

Terms and Conditions

Work for Us

Chronicle in Education

Events & Promotions

© 2010 Hearst Communications Inc.

3 of 3

8/23/2010 1:15 PM

EXHIBIT C

7-Eleven Promotion FAQs

CONNECTING THE WORLD THROUGH GAMES

games

forums

support

suggestions

English N-e‡

English

Get Answers
Email Us
Answers in 24-48 hrs

7-Eleven Promotion FAQs
Updated 07/01/2010 05:22 PM

Email us with your questions

Click on the images to visit the promotion's official website:

Search Answers
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! What are In-Game Tasks CLICK HERE! Gift List

CLICK HERE! How to get my UBER gift CLICK HERE! 7-Eleven Zynga Game Ca 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]

7-Eleven Promotion FAQs

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.

http://zynga.custhelp.com/app/answers/detail/a_id/1529/~/7-eleven-promotion-faqs[8/19/2010 2:23:04 PM]

7-Eleven Promotion FAQs

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!

http://zynga.custhelp.com/app/answers/detail/a_id/1529/~/7-eleven-promotion-faqs[8/19/2010 2:23:04 PM]

7-Eleven Promotion FAQs

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

http://zynga.custhelp.com/app/answers/detail/a_id/1529/~/7-eleven-promotion-faqs[8/19/2010 2:23:04 PM]

7-Eleven Promotion FAQs

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

http://zynga.custhelp.com/app/answers/detail/a_id/1529/~/7-eleven-promotion-faqs[8/19/2010 2:23:04 PM]

7-Eleven Promotion FAQs 7-Select Brownie YoVille Coffee Machine

7-ELEVEN ZYNGA GAME CARDS FarmVille Zynga Game Card

IN-GAME VIRTUAL GIFT WITH PU 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?

Answers others found helpful
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

Print

Email this page

Copyright @ 2010 Zynga Game Network Inc. All rights reserved.

Home

Privacy Policy

Terms

Press

Zynga.org

Blog

Site Map

Support

Contact Us

http://zynga.custhelp.com/app/answers/detail/a_id/1529/~/7-eleven-promotion-faqs[8/19/2010 2:23:04 PM]

Zynga, 7-Eleven to promote Facebook games in stores | VentureBeat

VentureBeat Profiles

Events

Jobs

Videos

Newsletters

Entrepreneur Corner

Conversations on Innovation

MAIN

MOBILEBEAT

GREENBEAT

GAMESBEAT

DEALSBEAT

DEMOBEAT

SOCIALBEAT

MEDIABEAT

Zynga, 7-Eleven to promote Facebook games in stores
May 23, 2010 | Dean Takahashi 7 Comments

Looking for something?

Submit

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. 7Eleven will advertise the promotion across satellite TV, local radio, print and outdoor venues. 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 games. That helps draw attention and traffic to Zynga’s games. Gamers can play those games for free on 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. Consumers can earn gifts by buying certain items and participating in at least one activity inside a game, such as mastering the growth of a crop FarmVille. If you do the activity, you can earn $200 in FarmVille virtual cash. Rita Bargerhuff, chief marketing officer at 7-Eleven, said it is one of the most unique campaigns in the chain’s history as it gives more than 30 product incentives to Zynga’s 239 million monthly active users. “Through our promotion with 7-Eleven, we are expanding our reach and making our games more accessible to consumers,” said Vish Makhijani, senior vice president of business operations at Zynga. The promotion runs through July 15 or while supplies and codes last.

VB Writers
Matt Marshall Editor-in-Chief

Owen Thomas Executive Editor

Dean Takahashi Lead Writer, GamesBeat

Anthony Ha Assistant Editor, VentureBeat

Camille Ricketts Lead Writer, GreenBeat

Devindra Hardawar Writer, VentureBeat

Matthaus Krzykowski Mobile Consultant & Coordinator

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]

Zynga, 7-Eleven to promote Facebook games in stores | VentureBeat

Next Story: Canesta, YDreams partner to take augmented reality mainstream Previous Story: Maker Faire’s do-it-yourself technological marvels (photo gallery)

Email

Print

Bookmark

Google

Delicious

Facebook

Twitter

Digg

StumbleUpon

Reddit

LinkedIn

More…

Companies: 7-Eleven, Zynga

Get more VentureBeat!
VentureBeat has new weekly email newsletters. Stay on top of the news, and don't miss a beat.

You might like:
VENTUREBEAT JOB BOARD
Venture Investment Manager
San Francisco, CA ATEL Capital Group
Paid Distribution

Rockstar Frontend Engineer

Facebook's New Check-In Feature All the Details
CNN Tech

Playdom CEO John Pleasants: why “social gaming” will die
GamesBeat

Zynga’s Frontier Ville skyrockets to 20 million users in 36 days
GamesBeat

Zynga plans Zynga Live site to diversify away from Facebook
VentureBeat
Watch Company

Zynga launches FrontierVille in bid to turn traffic around
VentureBeat

San Francisco, CA RootMusic

GVP - Corporate Strategy
Dublin, CA (CA) Taleo More Jobs | Post a Job Powered by

Zynga

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]

Zynga, 7-Eleven to promote Facebook games in stores | VentureBeat

http://www.zynga.com/

Get Widget

Zynga was founded in July 2007 with the vision of connecting the world through games. Since then we’ve dedicated ourselves to making fun and social games for people to play with their friends and have...More» Overview
LOCATION: San Francisco, CA, United States INDUSTRY: Consumer Internet EMPLOYEES: 712 TAGS: platform, game, network, Bebo, casual

Market
COMPETITORS: MyTopia, I-Jet Media, Playfish, iminlikewithyou, Social Gaming Network, Serious Business, Boonty, Team Moulin, Coolapps, HitGrab, Backstage Technologies, Ganymede, Shattered Reality Interactive, ROFLplay, PopCap Games, Gravity Bear, IGG INC, PlayMesh, Gambit, 6 Waves, Portalarium, Frosmo, Mingleplay Inc., LOLapps, CyberAgent America, CrowdStar, Zattikka, Mindjolt RELATED COMPANIES: MyTopia, Xoost.com,

The future of email: from conversations 5 signs that customer co-creation is a to decisions trend to watch

Zoosk, Moofaces, FriendFeedMachine, Sometrics, Swindlr, Friendster, Kaixin001, FamilyBuilder Recent News
AUG 18, 2010

gaming, Facebook, social network, social, internet, myspace, Fun, Farmville Financials
LATEST FUNDING: Other - $100M (06/2010) INVESTORS: Google

Why e-commerce IPOs will soon be the smarter buy
AUG 18, 2010

Facebook's Publicly Available Data: A Big Strategic Risk
AUG 18, 2010

1

2

3

4

5

6

Membase, The Database Powering Farmville
AUG 18, 2010

Zynga woos Asia with poker game in Chinese
AUG 18, 2010

Join the Conversation
view the full series »

Craig Sherman: Fail fast and test often

Zynga Company Profile powered by VentureBeat Profiles.

ABOUT THE AUTHOR,

Dean Takahashi

Dean is lead writer for GamesBeat at VentureBeat. He covers video games, security, chips and a variety of other subjects. Dean previously worked at the San Jose Mercury News, the Wall Street Journal, the Red Herring, the Los Angeles Times, the Orange County Register and the Dallas Times Herald. He is the author of two books, Opening the Xbox and the Xbox 360 Uncloaked. Follow him on Twitter at @deantak, and follow VentureBeat on Twitter at @venturebeat.

SHOWING 7 COMMENTS
Sort by
Oldest first Oldest first

Subscribe by email

Subscribe by RSS

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

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]

Zynga, 7-Eleven to promote Facebook games in stores | VentureBeat

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

ADD NEW COMMENT
Required: Please login below to comment.

Post as …

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]

Zynga, 7-Eleven to promote Facebook games in stores | VentureBeat

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
From Twitter via BackType Farmville in 7-Eleven. I'm loving it Zynga! http://tiny.cc/qpakh

melissaparlier 2 months ago
From Twitter via BackType Seriously?... RT @maryegilmore #FarmVille fans: buy a 7-Eleven Slurpee, Gain FarmVille points: http://tinyurl.com/26hvr9c

rzchen 2 months ago
From Twitter via BackType 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
From Twitter via BackType Zynga, 7-Eleven tie up for game promotions: http://bit.ly/bHZKz8

maru2day 2 months ago
From Twitter via BackType Zynga, 7-Eleven to promote #Facebook games in stores | VentureBeat http://bit.ly/aR5MTH #Farmville

jackja 2 months ago
From Twitter via BackType Anyone fancy some Farmville-flavoured ice cream? http://is.gd/cpYX2

nadyajahan 2 months ago
From Twitter via BackType RT @VentureBeat Zynga, 7-Eleven to promote Facebook games in stores http://bit.ly/9dVpax

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]

Zynga, 7-Eleven to promote Facebook games in stores | VentureBeat

costamike 2 months ago
From Twitter via BackType 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
From Twitter via BackType @LBdemo1 You're fired!!! Of course games are awesome. A bazillion people play games everyday. Go study up here... http://bit.ly/bx2ORx

Show more reactions

Trackback URL

http://games.venturebeat.com/2010/05/23/zynga-cuts-a-big-deal-with-7-eleven-to-promote-its-facebook-games-in-stores/trackback/

blog comments powered by DISQUS

Facebook’s Chris Cox explains why Places is ‘dope’ Foursquare’s Dennis Crowley: Still deciding on Facebook Places Foursquare working with Facebook Places … somehow

China’s Suntech on its way up despite Q2 loss Range Fuels opens plant to commercialize methanol Infinite Power banks $20M for thinfilm batteries

PlaySpan raises $18M from Vodaphone and SoftBank for virtual goods platform Booyah builds a new location app for Facebook Places in three weeks (video) Google’s Chrome Web Store likely coming in October, focusing on games

Where’s Zuckerberg? On stage introducing Facebook Places (video) Gowalla says it will build on, not compete with, Facebook Places (video) Foursquare’s Dennis Crowley: Still deciding on Facebook Places

8 things I wish I knew before starting a business Accelerator teaches Silicon Valley culture to international entrepreneurs Why getting 10 customers is all that matters

Verizon to bring live TV to iPad, video-on-demand to PCs and mobile devices HBO to make a Go of own streaming service without Netflix Should you buy Google TV or wait for the new Apple TV to launch?

Still time to sign up for the DEMO Showcase Top 5 reasons to attend DEMO Fall 2010 in Silicon Valley DEMO deadline today: Will you be part of Silicon Valley “craziness”?

Intel buys security software firm McAfee for $7.68B Why e-commerce IPOs will soon be the smarter buy Groupon copies eBay’s playbook in international buying spree

In The News

Companies
Google Facebook Apple microsoft Zynga Skype Foursquare electronic arts

People
Mark Zuckerberg Max Levchin Chris Paget Charlie Miller Mark Hurd Jodie Fisher

Topics
iPhone location Solar Defcon Android ipad security Blackberry Social networks Venture Capital iOS

Hewlett Packard Verizon Intel RIM

Twitter

Larry Ellison Eric Schmidt Janus Friis

John Hering Marc Andreessen Bryan Lee O'Malley Chris Dixon

location based services

Gowalla

advanced transportation e commerce

Disney

electric vehicles

Niklas Zennstrom

Michael Arrington

VentureBeat Partners

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]

Zynga, 7-Eleven to promote Facebook games in stores | VentureBeat

HOME

ABOUT

CONTACT

ADVERTISE

EVENTS

© 2010 VentureBeat

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]

EXHIBIT D

EXHIBIT E

EXHIBIT F

Case3:09-cv-02748-EMC Document1

Filed06/19/09 Page1 of 12

Case3:09-cv-02748-EMC Document1

Filed06/19/09 Page2 of 12

Case3:09-cv-02748-EMC Document1

Filed06/19/09 Page3 of 12

Case3:09-cv-02748-EMC Document1

Filed06/19/09 Page4 of 12

Case3:09-cv-02748-EMC Document1

Filed06/19/09 Page5 of 12

Case3:09-cv-02748-EMC Document1

Filed06/19/09 Page6 of 12

Case3:09-cv-02748-EMC Document1

Filed06/19/09 Page7 of 12

Case3:09-cv-02748-EMC Document1

Filed06/19/09 Page8 of 12

Case3:09-cv-02748-EMC Document1

Filed06/19/09 Page9 of 12

Case3:09-cv-02748-EMC Document1

Filed06/19/09 Page10 of 12

Case3:09-cv-02748-EMC Document1

Filed06/19/09 Page11 of 12

Case3:09-cv-02748-EMC Document1

Filed06/19/09 Page12 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 Registration Number: (NOT AVAILABLE) Mark Trademark Document Retrieval

(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

Latest Status Info

Page 2 of 4

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 International Class: 041 Class Status: Active 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

http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77772110

8/19/2010

Latest Status Info

Page 3 of 4

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

http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77772110

8/19/2010

Latest Status Info

Page 4 of 4

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 Phone Number: 858-272-0220 Fax Number: 858-272-0221

http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77772110

8/19/2010

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 TEAS Plus YES Entered

MARK INFORMATION
*MARK *SPECIAL FORM USPTO-GENERATED IMAGE LITERAL ELEMENT *COLOR MARK *COLOR(S) CLAIMED (If applicable) *DESCRIPTION OF THE MARK (and Color Location, if applicable) PIXEL COUNT ACCEPTABLE PIXEL COUNT

\\TICRS\EXPORT8\IMAGEOUT8 \777\721\77772110\xml4\FT K0002.JPG YES NO Mafia Wars NO

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. NO 1125 x 450 Principal

REGISTER

APPLICANT INFORMATION
*OWNER OF MARK

Zynga Game Network Inc.

*STREET *CITY *STATE (Required for U.S. applicants) *COUNTRY *ZIP/POSTAL CODE (Required for U.S. applicants only) PHONE FAX EMAIL ADDRESS

365 Vermont Street San Francisco New York United States 94103 212-554-7625 212-377-6032 mschwimmer@mosessinger.com

LEGAL ENTITY INFORMATION
*TYPE * STATE/COUNTRY OF INCORPORATION

CORPORATION Delaware

GOODS AND/OR SERVICES AND BASIS INFORMATION
* INTERNATIONAL CLASS IDENTIFICATION *FILING BASIS FIRST USE ANYWHERE DATE FIRST USE IN COMMERCE DATE

009 Downloadable computer software for use on wireless devices and computers SECTION 1(a) At least as early as 04/08/2009 At least as early as 04/08/2009

SPECIMEN FILE NAME(S) ORIGINAL PDF FILE CONVERTED PDF FILE(S) (1 page) SPECIMEN DESCRIPTION * INTERNATIONAL

spec-3810820110-112339425_._Zynga.Inc_-_Game__Mafia_Wars_iPhone.pdf \\TICRS\EXPORT8\IMAGEOUT8\777\721\77772110\xml4\FTK0003.JPG screenshot of downloadable computer game.

CLASS IDENTIFICATION *FILING BASIS FIRST USE ANYWHERE DATE FIRST USE IN COMMERCE DATE

041 Entertainment services, namely, providing on-line computer games SECTION 1(a) At least as early as 09/08/2008 At least as early as 09/08/2008

SPECIMEN FILE NAME(S) ORIGINAL PDF FILE CONVERTED PDF FILE(S) (2 pages)

spec-3810820110-112339425_._Zynga_Mafia_Wars_on_Facebook.pdf \\TICRS\EXPORT8\IMAGEOUT8\777\721\77772110\xml4\FTK0004.JPG \\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 FIRM NAME STREET CITY STATE

Martin Schwimmer Moses & Singer LLP 405 Lexington Avenue New York New York

COUNTRY ZIP/POSTAL CODE PHONE FAX EMAIL ADDRESS AUTHORIZED TO COMMUNICATE VIA EMAIL

United States 10174 212 554 7625 212-377-6032 mschwimmer@mosessinger.com Yes

CORRESPONDENCE INFORMATION
*NAME FIRM NAME *STREET *CITY *STATE (Required for U.S. applicants) *COUNTRY *ZIP/POSTAL CODE PHONE FAX *EMAIL ADDRESS *AUTHORIZED TO COMMUNICATE VIA EMAIL

Martin Schwimmer Moses & Singer LLP 405 Lexington Avenue New York New York United States 10174 212 554 7625 212-377-6032 mschwimmer@mosessinger.com Yes

FEE INFORMATION
NUMBER OF CLASSES FEE PER CLASS *TOTAL FEE PAID

2 275 550

SIGNATURE INFORMATION
* SIGNATURE * SIGNATORY'S

/mschwimmer/ Martin Schwimmer

NAME * SIGNATORY'S POSITION * DATE SIGNED

Attorney, NY bar member 07/01/2009

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

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 Serial Number: 77772110 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
The table below presents the data as entered.
Input Field SERIAL NUMBER LAW OFFICE ASSIGNED 77772110 LAW OFFICE 112 Entered

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 CONVERTED PDF FILE(S) (1 page) DESCRIPTION OF EVIDENCE FILE

evi_3810820110-094120945_._mafia_wars_class_41_subspecimen.pdf \\TICRS\EXPORT8\IMAGEOUT8\777\721\77772110\xml2\ROA0002.JPG 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.

GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS DESCRIPTION

009

Downloadable computer software for use on wireless devices and computers

FILING BASIS FIRST USE ANYWHERE DATE FIRST USE IN COMMERCE DATE

Section 1(a) At least as early as 04/08/2009 At least as early as 04/08/2009

GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS

009

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

Downloadable computer game software for use on wireless devices and computers
FILING BASIS FIRST USE ANYWHERE DATE FIRST USE IN COMMERCE DATE

Section 1(a) At least as early as 04/08/2009 At least as early as 04/08/2009

GOODS AND/OR SERVICES SECTION (041)(current)
INTERNATIONAL CLASS DESCRIPTION

041

Entertainment services, namely, providing on-line computer games
FILING BASIS FIRST USE ANYWHERE DATE FIRST USE IN COMMERCE DATE

Section 1(a) At least as early as 09/08/2008 At least as early as 09/08/2008

GOODS AND/OR SERVICES SECTION (041)(proposed)
INTERNATIONAL CLASS DESCRIPTION

041

Entertainment services, namely, providing on-line computer games
FILING BASIS FIRST USE ANYWHERE DATE

Section 1(a) At least as early as 09/08/2008

FIRST USE IN COMMERCE DATE STATEMENT TYPE

At least as early as 09/08/2008 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."

SPECIMEN FILE NAME(S) ORIGINAL PDF FILE CONVERTED PDF FILE(S) (1 page) SPECIMEN DESCRIPTION

SPU1-3810820110-094120945_._mafia_wars_class_41_subspecimen.pdf \\TICRS\EXPORT8\IMAGEOUT8\777\721\77772110\xml2\ROA0003.JPG webpage bearing the mark promoting applicant's services.

ADDITIONAL STATEMENTS SECTION
DESCRIPTION OF THE MARK (and Color Location, if applicable)

The mark consists of the words "MAFIA WARS" with shading around the edges to suggest a raised surface.

SIGNATURE SECTION
DECLARATION SIGNATURE SIGNATORY'S NAME SIGNATORY'S POSITION DATE SIGNED RESPONSE SIGNATURE SIGNATORY'S NAME SIGNATORY'S POSITION DATE SIGNED AUTHORIZED SIGNATORY

/mschwimmer/ Martin Schwimmer Attorney, NY Bar Member 09/29/2009 /mschwimmer/ Martin Schwimmer Attorney, NY Bar Member 09/29/2009 YES

FILING INFORMATION SECTION
SUBMIT DATE

Tue Sep 29 09:51:07 EDT 2009 USPTO/ROA-38.108.201.10-2 0090929095107561197-77772 110-46077576eb5fb8e761d7a 8aff92b1cc90dd-N/A-N/A-20 090929094120945153

TEAS STAMP

PTO Form 1957 (Rev 9/2005) OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action To the Commissioner for Trademarks:
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 Converted PDF file(s) (1 page) 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 Downloadable computer game software for use on wireless devices and computers 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. Applicant proposes to amend the following class of goods/services in the application: Current: Class 041 for Entertainment services, namely, providing on-line computer games 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 09/08/2008 and first used in commerce at least as early as 09/08/2008, and is now in use in such commerce. Proposed: Class 041 for Entertainment services, namely, providing on-line computer games 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 09/08/2008 and first used in commerce at least as early as 09/08/2008, and is now in use in 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 Converted PDF file(s) (1 page) 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 Name: Martin Schwimmer Signatory's Position: Attorney, NY Bar Member Response Signature Signature: /mschwimmer/ Date: 09/29/2009 Signatory's Name: Martin Schwimmer 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.

Serial Number: 77772110 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)

Response to Office Action
The table below presents the data as entered.
Input Field SERIAL NUMBER LAW OFFICE ASSIGNED 77772110 LAW OFFICE 112 Entered

MARK SECTION (no change) ARGUMENT(S) Applicant requests that its application be suspended pending the outcome of prior pending aplication 77760348. GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS DESCRIPTION

009

Downloadable computer game software for use on wireless devices and computers
FILING BASIS FIRST USE ANYWHERE DATE FIRST USE IN COMMERCE DATE

Section 1(a) At least as early as 04/08/2009 At least as early as 04/08/2009

GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS DESCRIPTION

009

Downloadable computer game software for use on wireless devices and computers
FILING BASIS FIRST USE ANYWHERE DATE FIRST USE IN COMMERCE DATE

Section 1(a) At least as early as 04/08/2009 At least as early as 04/08/2009

GOODS AND/OR SERVICES SECTION (041)(current)

INTERNATIONAL CLASS DESCRIPTION

041

Entertainment services, namely, providing on-line computer games
FILING BASIS FIRST USE ANYWHERE DATE FIRST USE IN COMMERCE DATE

Section 1(a) At least as early as 09/08/2008 At least as early as 09/08/2008

GOODS AND/OR SERVICES SECTION (041)(proposed)
INTERNATIONAL CLASS DESCRIPTION

041

Entertainment services, namely, providing on-line computer games
FILING BASIS FIRST USE ANYWHERE DATE FIRST USE IN COMMERCE DATE

Section 1(a) At least as early as 09/08/2008 At least as early as 09/08/2008 "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].

STATEMENT TYPE

SPECIMEN FILE NAME(S) ORIGINAL PDF FILE CONVERTED PDF FILE(S) (1 page) SPECIMEN DESCRIPTION

SPU1-6752136138-213856920_._Specimen_for_ROA.pdf \\TICRS\EXPORT9\IMAGEOUT9\777\721\77772110\xml1\ROA0002.JPG Website page displaying the subject mark in connection with the described services.

SIGNATURE SECTION
DECLARATION SIGNATURE SIGNATORY'S NAME SIGNATORY'S POSITION

/John M Kim/ John M. Kim Attorney of record, California bar member

DATE SIGNED RESPONSE SIGNATURE SIGNATORY'S NAME SIGNATORY'S POSITION DATE SIGNED AUTHORIZED SIGNATORY

02/22/2010 /John M Kim/ John M. Kim Attorney of record, California bar member 02/22/2010 YES

FILING INFORMATION SECTION
SUBMIT DATE

Mon Feb 22 21:46:43 EST 2010 USPTO/ROA-67.52.136.138-2 0100222214643235645-77772 110-4607494f18bbc8daab768 bf359ed92f99a0-N/A-N/A-20 100222213856920690

TEAS STAMP

PTO Form 1957 (Rev 9/2005) OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action To the Commissioner for Trademarks:
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 Applicant proposes to amend the following class of goods/services in the application: Current: Class 009 for Downloadable computer game 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: Class 009 for Downloadable computer game software for use on wireless devices and computers 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. Applicant proposes to amend the following class of goods/services in the application: Current: Class 041 for Entertainment services, namely, providing on-line computer games 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 09/08/2008 and first used in commerce at least as early as 09/08/2008, and is now in use in such commerce. Proposed: Class 041 for Entertainment services, namely, providing on-line computer games 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 09/08/2008 and first used in commerce at least as early as 09/08/2008, and is now in use in 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 Converted PDF file(s) (1 page) 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 Name: John M. Kim 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.

Serial Number: 77772110 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 (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, IP Legal Advisors, PC 1940 Garnet Avenue, Suite 230 San Diego, CA 92109 (US) (540) 1030602

(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 Switch to : IP Professional

Search our website
Search
Go

Why use IP?

Types of IP

IP crime

News

About us

Online services

IPO Home Types of IP Patents Trade marks About trade marks Applying for a TM TM forms and fees Online TM Services Online TM Forms Find trade marks By number By proprietor By refused mark By mark text or image Trade mark decisions search Trade Marks Journal Classification Classification information request Managing your TMs Other people's TMs Designs Copyright Other protection

IPO Home > Types of IP > Trade marks > Online TM Services > Find trade marks > By number > Results

Case details for Trade Mark 2535749
Case history including, where available, licensee details Explanation of terms used on this page

Mark

Mark text: Mafia Wars

Status
Status: Advertised Classes: 09, 41

Relevant dates
Filing date: 04 January 2010

Priority claims
Earliest priority date: 01 July 2009 Country: United States of America

Patents Trade marks Designs Copyright Other protection
Reviewed 8 September 2009

Publication in Trade Marks Journal
First advert: Journal: 6836 Publication date: 21 May 2010

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: United States of America Residence country: United States of America 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

Skip to content | Skip to institutional links

Canadian Intellectual Property Office
cipo.ic.gc.ca
Français Industry Canada Programs and Services Programs and Services Patents Patents Database Patent Appeal Board Trade-marks Trade–marks Database
Basic Search Advanced Search Assistance

Home

Contact Us

Help

Search

canada.gc.ca

Home > Canadian Trade-marks Database> Advanced Search

Search Page

CANADIAN TRADE-MARK DATA
*** Note Data on trade-marks is shown in the official language in which it was submitted. The database was last updated on: 2010-08-17 APPLICATION NUMBER: 1464583 STATUS: FILED: FORMALIZED: APPLICANT: Zynga Game Network, Inc. 365 Vermont Street San Francisco, California 94103 UNITED STATES OF AMERICA AGENT: KATE HENDERSON 128 Vine Avenue Toronto ONTARIO M6P 1V7 REPRESENTATIVE FOR SERVICE: KATE HENDERSON 128 Vine Avenue Toronto ONTARIO M6P 1V7 TRADE-MARK: REGISTRATION NUMBER: not registered SEARCHED 2010-01-04 2010-01-07

Trade-marks Opposition Board Copyrights Copyrights Database Industrial Designs Industrial Designs Database Integrated Circuit Topographies Learn about IP IP Data Products Learn More About Us What's New Media Room Client Corner Publications International Consultations and

MAFIA WARS
INDEX HEADINGS: MAFIA WARS 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 FAQs Site Map Links Fees Forms Legislation IP Canadian Links IP International Links Proactive Disclosure

(1) Downloadable computer game software for use on wireless devices and computers. (2) 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. SERVICES: (1) Entertainment services, namely, providing on-line computer games. (2) Entertainment services, namely, providing 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. 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 Filed Created Formalized Translation Requested Translation Received Examiner's First Report
Back to search Back

DATE 04 January 2010 05 January 2010 07 January 2010

BF

COMMENTS

12 January 2010 13 March 2010 03 February 2010 18 June 2010 18 December 2010

Search Recorded 18 June 2010

Last updated 2010-08-17 Top of page

Important Notices

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
Search

AC04ED8BB8E8E11E665A16A5EB9B4FE7

Login Register Help Anyone can have an idea. Make sure they don't have yours.

Online Services
Search the Register Patent Search Trade Mark Search Trade Mark Classification Search Design Search PVR Search Applications Renewals Correspondence Online Journal

INTELLECTUAL PROPERTY SEARCH RESULTS

Trade Mark Details
Trade Mark Number TM Search Text Trade Mark Type Trade Mark Nature Use Statement Filed The mark is being used or proposed to be used, by the applicant or with his/her consent, in relation to the goods/services 05-JAN-2010 Date
(320) (210)

817990

Current Status Accepted/Under Proceeding

Mafia Wars Trade Mark Convention, DEVICE

(220)

Convention

Country

(330)

App No: 77/772,110

01-JUL-2009

United States of America
(532)

Marks , Device and Device Descriptors

27.5.2 27.5.17

Classification System | Class 9|9

(511)

Specification of Goods and Services 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]

Intellectual Property Office of New Zealand

machines and mechanisms for coinoperated apparatus; cash registers, calculating machines, data processing equipment and computers; fireextinguishing 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: Contact :

(730)

Zynga Game Network, Inc . 365 Vermont Street, San Francisco, California 94103, United States of America JAMES & WELLS . Level 12, KPMG Centre, 85 Alexandra Street, Hamilton, New Zealand Level 12, KPMG Centre, 85 Alexandra Street, Hamilton, New Zealand Completed Due Journal Published

(740)

Service Address: Action

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

Related Trade Marks
No Related Trade Marks found Objection Type Possible Opposition Possible Opposition Lodged On 29-JUL-2010 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: Mark: Party Name Public ,mafia wars ,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

http://www.iponz.govt.nz/cms/banner_template/IPTM[8/19/2010 2:47:43 PM]

Intellectual Property Office of New Zealand

Delivered: 20th August 2010 09:47:31

Site map | About this site | About us | Ask a question | Disclaimer | Glossary

http://www.iponz.govt.nz/cms/banner_template/IPTM[8/19/2010 2:47:43 PM]

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 Registration Number: (NOT AVAILABLE) Mark Trademark Document Retrieval

(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

Latest Status Info

http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77969344

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 International Class: 016 Class Status: Active 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) International Class: 021 Class Status: Active 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) First Use Date: (DATE NOT AVAILABLE) First Use in Commerce Date: (DATE NOT AVAILABLE) International Class: 025 Class Status: Active 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) First Use Date: (DATE NOT AVAILABLE) First Use in Commerce Date: (DATE NOT AVAILABLE)

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

Latest Status Info

http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77969344

NOTE: To view any document referenced below, click on the link to "Trademark Document Retrieval" shown near the top of this page. 2010-08-19 - Assigned To Examiner 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 2010-06-25 - Assigned To Examiner 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 Phone Number: 858-272-0220 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)

Trademark/Service Mark Application, Principal Register
Serial Number: 77969344 Filing Date: 03/26/2010

The table below presents the data as entered.
Input Field SERIAL NUMBER MARK INFORMATION
*MARK SPECIAL FORM USPTO-GENERATED IMAGE LITERAL ELEMENT COLOR MARK

Entered 77969344

\\TICRS\EXPORT9\IMAGEOUT9 \779\693\77969344\xml1\AP P0002.JPG YES NO MAFIA WARS NO 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. YES 640 x 256 Principal

*DESCRIPTION OF THE MARK (and Color Location, if applicable)

PIXEL COUNT ACCEPTABLE PIXEL COUNT

REGISTER APPLICANT INFORMATION
*OWNER OF MARK *STREET *CITY *STATE (Required for U.S. applicants) *COUNTRY *ZIP/POSTAL CODE (Required for U.S. applicants only)

Zynga Game Network Inc. 365 Vermont Street San Francisco California United States 94103

LEGAL ENTITY INFORMATION
TYPE STATE/COUNTRY OF INCORPORATION

corporation Delaware

GOODS AND/OR SERVICES AND BASIS INFORMATION
INTERNATIONAL CLASS

016 Art paper, decals, gift bags, greeting cards, memo pads, stationery, stickers, toilet paper, wrapping paper, and writing paper SECTION 1(b) 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 SECTION 1(b) 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 SECTION 1(b)

*IDENTIFICATION

FILING BASIS INTERNATIONAL CLASS

*IDENTIFICATION

FILING BASIS INTERNATIONAL CLASS

*IDENTIFICATION

FILING BASIS

ATTORNEY INFORMATION
NAME FIRM NAME INTERNAL ADDRESS STREET CITY STATE COUNTRY ZIP/POSTAL CODE

John M. Kim IP Legal Advisors, PC Suite 230 1940 Garnet Avenue San Diego California United States 92109

PHONE FAX EMAIL ADDRESS AUTHORIZED TO COMMUNICATE VIA EMAIL OTHER APPOINTED ATTORNEY

858-272-0220 858-272-0221 trademarks@ipla.com Yes Joshua Richman

CORRESPONDENCE INFORMATION
NAME FIRM NAME INTERNAL ADDRESS STREET CITY STATE COUNTRY ZIP/POSTAL CODE PHONE FAX EMAIL ADDRESS AUTHORIZED TO COMMUNICATE VIA EMAIL

John M. Kim IP Legal Advisors, PC Suite 230 1940 Garnet Avenue San Diego California United States 92109 858-272-0220 858-272-0221 trademarks@ipla.com Yes

FEE INFORMATION
NUMBER OF CLASSES FEE PER CLASS *TOTAL FEE DUE *TOTAL FEE PAID

3 325 975 975

SIGNATURE INFORMATION
SIGNATURE SIGNATORY'S NAME SIGNATORY'S POSITION DATE SIGNED

/John M Kim/ John M. Kim Attorney of Record, CA Bar Member 03/26/2010

PTO Form 1478 (Rev 9/2006) OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register
Serial Number: 77969344 Filing Date: 03/26/2010

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 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 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 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 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)).

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 IP Legal Advisors, PC 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 Name: John M. Kim Signatory's Position: Attorney of Record, CA Bar Member

RAM Sale Number: 12219 RAM Accounting Date: 03/26/2010

Serial Number: 77969344 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

Case5:10-cv-01022-JF Document1

Filed03/10/10 Page2 of 15

Case5:10-cv-01022-JF Document1

Filed03/10/10 Page3 of 15

Case5:10-cv-01022-JF Document1

Filed03/10/10 Page4 of 15

Case5:10-cv-01022-JF Document1

Filed03/10/10 Page5 of 15

Case5:10-cv-01022-JF Document1

Filed03/10/10 Page6 of 15

Case5:10-cv-01022-JF Document1

Filed03/10/10 Page7 of 15

Case5:10-cv-01022-JF Document1

Filed03/10/10 Page8 of 15

Case5:10-cv-01022-JF Document1

Filed03/10/10 Page9 of 15

Case5:10-cv-01022-JF Document1

Filed03/10/10 Page10 of 15

Case5:10-cv-01022-JF Document1

Filed03/10/10 Page11 of 15

Case5:10-cv-01022-JF Document1

Filed03/10/10 Page12 of 15

Case5:10-cv-01022-JF Document1

Filed03/10/10 Page13 of 15

Case5:10-cv-01022-JF Document1

Filed03/10/10 Page14 of 15

Case5:10-cv-01022-JF Document1

Filed03/10/10 Page15 of 15

EXHIBIT R

Domain Tools: View Historical Whois Records

http://domain-history.domaintools.com/?page=details&domain=mafiawar...

gavincharlston_1901 Logout | My Account

Whois Ping

Domain Search Traceroute Power Tools:

Domain Suggestions Domain Parking Domain History Reverse IP

For Sale Mark Alert

Sales History Name Server Spy

Auction Search Hosting History

Domain Monitor Reverse Whois

Domain Directory more> Registrant Alert

My IP Address

Cheap Domain Name Registration

Bulk Check

Domain Typo Generator

mafiawars.com on 2009-07-17 - Domain History
Enter a domain name to get its history Domain Name: « Previous Domain: Cache Date: Registrar: mafiawars.com - Domain History 2009-07-17 MONIKER ONLINE SERVICES, INC. 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]: Mark Williams markw@zynga.com 365 Vermont Street San Francisco CA 94103 US Phone: +1.4152529555 Billing Contact [1967517]: Mark Williams markw@zynga.com 365 Vermont Street San Francisco CA 94103 US Phone: +1.4152529555 Technical Contact [1967517]: Mark Williams markw@zynga.com 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: Domain Expires on: 2000-06-01 00:33:32.0 2010-06-01 00:33:32.0 Next »

Reverse Whois: Click on an email address we found in this whois record

Database last updated on: 2009-07-17 15:11:16.09

1 of 2

8/5/2010 11:12 AM

Domain Tools: View Historical Whois Records

http://domain-history.domaintools.com/?page=details&domain=mafiawar...

Blog | Desktop Tools | Support | About Us | Contact Us | Terms of Service | Privacy | Memberships | Stock Ticker | Site Map © 2010 DomainTools, LLC All rights reserved.

2 of 2

8/5/2010 11:12 AM

Domain Tools: View Historical Whois Records

http://domain-history.domaintools.com/?page=details&domain=mafiawar...

gavincharlston_1901 Logout | My Account

Whois Ping

Domain Search Traceroute Power Tools:

Domain Suggestions Domain Parking Domain History Reverse IP

For Sale Mark Alert

Sales History Name Server Spy

Auction Search Hosting History

Domain Monitor Reverse Whois

Domain Directory more> Registrant Alert

My IP Address

Cheap Domain Name Registration

Bulk Check

Domain Typo Generator

mafiawars.com on 2009-07-16 - Domain History
Enter a domain name to get its history Domain Name: « Previous Domain: Cache Date: Registrar: mafiawars.com - Domain History 2009-07-16 MONIKER ONLINE SERVICES, INC. to see which other domains the registrant is associated with: admin@tenpennyinc.com Domain Name: MAFIAWARS.COM Registrar: MONIKER Registrant [1114694]: Bill Douglas admin@tenpennyinc.com 11054 Ventura Blvd. #469 Studio City CA 91604 US Administrative Contact [1114694]: Bill Douglas admin@tenpennyinc.com 11054 Ventura Blvd. #469 Studio City CA 91604 US Phone: +1.8185726550 Billing Contact [1114694]: Bill Douglas admin@tenpennyinc.com 11054 Ventura Blvd. #469 Studio City CA 91604 US Phone: +1.8185726550 Technical Contact [1114694]: Bill Douglas admin@tenpennyinc.com 11054 Ventura Blvd. #469 Studio City CA 91604 US Phone: +1.8185726550 Domain servers in listed order: NS1.SEDOPARKING.COM NS2.SEDOPARKING.COM Record created on: 2000-06-01 00:33:32.0 Next »

Reverse Whois: Click on an email address we found in this whois record

Database last updated on: 2009-07-16 05:59:42.2

1 of 2

8/5/2010 11:12 AM

Domain Tools: View Historical Whois Records

http://domain-history.domaintools.com/?page=details&domain=mafiawar...

Domain Expires on:

2010-06-01 00:33:32.0

Blog | Desktop Tools | Support | About Us | Contact Us | Terms of Service | Privacy | Memberships | Stock Ticker | Site Map © 2010 DomainTools, LLC All rights reserved.

2 of 2

8/5/2010 11:12 AM

Domain Tools: View Historical Whois Records

http://domain-history.domaintools.com/?page=details&domain=mafiawar...

gavincharlston_1901 Logout | My Account

Whois Ping

Domain Search Traceroute Power Tools:

Domain Suggestions Domain Parking Domain History Reverse IP

For Sale Mark Alert

Sales History Name Server Spy

Auction Search Hosting History

Domain Monitor Reverse Whois

Domain Directory more> Registrant Alert

My IP Address

Cheap Domain Name Registration

Bulk Check

Domain Typo Generator

mafiawars.com on 2009-07-15 - Domain History
Enter a domain name to get its history Domain Name: « Previous Domain: Cache Date: Registrar: mafiawars.com - Domain History 2009-07-15 MONIKER ONLINE SERVICES, INC. to see which other domains the registrant is associated with: transferservice@sedo.com Domain Name: MAFIAWARS.COM Registrar: MONIKER Registrant [705163]: Domain Transfer Escrow Service transferservice@sedo.com Sedo.com One Broadway, 14th floor Cambridge MASSACHUSETTS 02142 US Administrative Contact [705163]: Domain Transfer Escrow Service transferservice@sedo.com Sedo.com One Broadway, 14th floor Cambridge MASSACHUSETTS 02142 US Phone: +1.6177584268 Billing Contact [705163]: Domain Transfer Escrow Service transferservice@sedo.com Sedo.com One Broadway, 14th floor Cambridge MASSACHUSETTS 02142 US Phone: +1.6177584268 Technical Contact [705163]: Domain Transfer Escrow Service transferservice@sedo.com Sedo.com One Broadway, 14th floor Cambridge MASSACHUSETTS 02142 US Phone: +1.6177584268 Domain servers in listed order: NS1.SEDOPARKING.COM NS2.SEDOPARKING.COM Record created on: 2000-06-01 00:33:32.0 Next »

Reverse Whois: Click on an email address we found in this whois record

Database last updated on: 2009-07-15 04:19:44.933

1 of 2

8/5/2010 11:11 AM

Domain Tools: View Historical Whois Records

http://domain-history.domaintools.com/?page=details&domain=mafiawar...

Domain Expires on:

2010-06-01 00:33:32.0

Blog | Desktop Tools | Support | About Us | Contact Us | Terms of Service | Privacy | Memberships | Stock Ticker | Site Map © 2010 DomainTools, LLC All rights reserved.

2 of 2

8/5/2010 11:11 AM

Domain Tools: View Historical Whois Records

http://domain-history.domaintools.com/?page=details&domain=mafiawar...

gavincharlston_1901 Logout | My Account

Whois Ping

Domain Search Traceroute Power Tools:

Domain Suggestions Domain Parking Domain History Reverse IP

For Sale Mark Alert

Sales History Name Server Spy

Auction Search Hosting History

Domain Monitor Reverse Whois

Domain Directory more> Registrant Alert

My IP Address

Cheap Domain Name Registration

Bulk Check

Domain Typo Generator

mafiawars.com on 2009-07-10 - Domain History
Enter a domain name to get its history Domain Name: « Previous Domain: Cache Date: Registrar: mafiawars.com - Domain History 2009-07-10 MONIKER ONLINE SERVICES, INC. to see which other domains the registrant is associated with: dennis@spreendigital.de Domain Name: MAFIAWARS.COM Registrar: MONIKER Registrant [1432576]: Dennis Spreen dennis@spreendigital.de Zum Riedsaum 4 Erbach BW 89155 DE Administrative Contact [1432576]: Dennis Spreen dennis@spreendigital.de Zum Riedsaum 4 Erbach BW 89155 DE Phone: +49.7305931375 Fax: +49.7305931377 Next »

Reverse Whois: Click on an email address we found in this whois record

Billing Contact [1432576]: Dennis Spreen dennis@spreendigital.de Zum Riedsaum 4 Erbach BW 89155 DE Phone: +49.7305931375 Fax: +49.7305931377

Technical Contact [1432576]: Dennis Spreen dennis@spreendigital.de Zum Riedsaum 4 Erbach BW 89155 DE Phone: +49.7305931375 Fax: +49.7305931377

Domain servers in listed order: NS1.SEDOPARKING.COM NS2.SEDOPARKING.COM Record created on: Domain Expires on: 2000-06-01 00:33:32.0 2010-06-01 00:33:32.0

Database last updated on: 2009-04-18 14:36:45.553

1 of 2

8/5/2010 11:11 AM

Domain Tools: View Historical Whois Records

http://domain-history.domaintools.com/?page=details&domain=mafiawar...

Blog | Desktop Tools | Support | About Us | Contact Us | Terms of Service | Privacy | Memberships | Stock Ticker | Site Map © 2010 DomainTools, LLC All rights reserved.

2 of 2

8/5/2010 11:11 AM

EXHIBIT S

Welcome to Mafia Wars

Connect!

GAME

VEGAS

HOME

FORUM

SUPPORT

BLOG

STORE

GAME CARD

Privacy | Terms of Service
All items including but not limited to user interface, design, game design, artwork and scoring system Copyright 2010 Zynga Game Network Inc. All rights reserved.

http://mafiawars.com/fbconnect[8/5/2010 11:17:27 AM]