13-3 SampleTrademark and CopyrightLawsuit

Case: 1:12-cv-04312 Document #: 1 Filed: 06/04/12 Page 1 of 25 PageID #:1
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
WARGAMING.NET LLP
Plaintiff,
Civil Action No. 12 CV __________
v.
(Jury Trial Demanded)
WORLDOFTANKSHOP.COM, XIAO CHEN,
SHIJIE ZHAO, and JOHN DOES
Defendants.
COMPLAINT FOR VIOLATIONS OF THE LANHAM AND COPYRIGHT ACTS
Plaintiff Wargaming.net for its complaint against Defendants WorldofTankShop.com,
Xiao Chen, Shijie Zhao, and John Does 1-5 d/b/a Mr. Boss (collectively “Defendants”) states as
follows:
NATURE OF CASE
1. This is an action for trademark counterfeiting, trademark infringement, cyber
piracy, unfair competition, and false designation of origin under the Lanham Act, 15 U.S.C. §§
1114, 1125(a), 1125(d), and for copyright infringement under the Copyright Act, 17 U.S.C. §
101 et. seq.
THE PARTIES
Plaintiff Wargaming.net
2. Plaintiff Wargaming.net LLP—an online, strategy, game development
company—is a limited liability partnership organized under the laws of the United Kingdom and
has a principle place of business at Office 415, 60 Cannon Street, London EC4N 6NP, United
COMPLAINT FOR VIOLATIONS OF THE LANHAM AND COPYRIGHT ACTS Page 1 of 25

Kingdom
m.
3. Wargaaming.net has an onlinee multiplayeer game, WO

ORLD OF T
TANKS®, w
which
features mid-20th
m cen
ntury era fig
ghting vehiclles. Users leearn about, ddownload, annd play WO
ORLD
OF TAN
NKS® on Waargaming.nett’s web site at http://WoorldofTanks.ccom (reprodduced below)).
COMPLAIINT FOR VIOLLATIONS OF THE

T LANHAM
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YRIGHT ACTS
S Page 2 of 25
Deefendants
4. The activities and

a contentt on the w
web site hhttp://WorlddofTankShopp.com
(reproducced below) give

g rise to the
t allegation
ns and causees of action rrecited in thiis complaintt.

T LANHAM
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S Page 3 of 25
5. On in
nformation and
a belief, and
a based onn Domain N
Name Servicce (DNS) loookup
informatiion, the dom

main name off worldoftan
nshop.com iss hosted on a computer server with an IP
Address of 108.16.32
21.98.
6. On in
nformation and
a belief, th
he Americann Registry fo
for Internet N
Numbers (A
ARIN)
assigned the IP Addrress of 108.16.321.98 to SingleHop, LLC (“SinggleHop”).
7. On in
nformation and belief, th
he headquartters for SinggleHop and its two Chiccago-
area dataa centers aree located in this judiciall district resspectively att: 621 W. R
Randolph Stt. 3rd
Floor, Ch
hicago, Illinois; 2200 Bu
usse Road, Elk
E Grove V
Village, Illinnois; and 6011 W. Polk S
Street,
Chicago,, Illinois. (Seee http://ww

ww.singlehop
p.com/about)) (portion reeproduced beelow).
8. Thus, on informaation and belief, the w

web site httpp://WorldofT
TankShop.coom is
hosted on
n a server with
w an IP Address
A of 108.16.321.9
1 98 in this juudicial distriict that is ow
wned
and/or op
perated by SingleHop in this judiciall district.
9. nd belief, Deefendants W
On information an WorldofTankS
Shop.com, X
Xiao Chen, S
Shijie
Zhao, an
nd John Does 1-5 d/b/a Mr. Boss arre fictitious business naame(s), owneer(s), operattor(s),
and/or ad
dministratorr(s) for the accused
a web
b site http:///WorldofTannkShop.com
m and, inter alia,
have con
ntract(s) and
d/or arrangeements(s) with
w SingleH
Hop to host the web siite on serveers in

T LANHAM
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YRIGHT ACTS
S Page 4 of 25
Chicago;; make sales in this judiccial district through

t the web site hosted in Chiccago via PayyPal®
using em
mail addressses such as
a webepay
yee@live.com
m, ecoinwaays.com@gm
mail.com, aand/or
geoepay@
@ymail.com
m; target customers in th
his judicial ddistrict throuugh the webb site in Chicago;
and infriinge Wargam

ming.net’s trademarks
t and copyrigghts throughh Defendantts’ activitiess and
content on
o their web site in Chicaago.
10. The lo
ocations of Defendants are unknow
wn. Furtherr, the domaiin name reggistrar
identifiess the registrrant of WorrldofTankSh

hop.com as ““Mr. Boss,”” which on informationn and
belief iss a fake naame and iss insufficien

nt to identtify any paarticular inddividual(s). See
http://wh
ho.godaddy.ccom/whois.aaspx?domain
n=worldoftannkshop.com&
&prog_id=G
GoDaddy
(reproducced below).

T LANHAM
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YRIGHT ACTS
S Page 5 of 25
JURISDICT
J TION AND VENUE
11. This Court

C has su
ubject matterr jurisdictionn over this ddispute pursuuant to 28 U
U.S.C.
§§ 1331, 1338(a), 1338(b), and 15

1 U.S.C. § 1121.
1
12. This Court has personal

p jurrisdiction ovver Defendaants becausse they reguularly
transact business
b witthin this judicial districtt, and have ccommitted vviolations off the Lanham
m Act
and Copy
yright Act heere.
13. Venuee is proper in this judicial distriict pursuantt to at leasst 28 U.S.C

C. §§
1391(b)(2) and 1400(a).
GENERAL
L ALLEGA
ATIONS
14
4. Wargaaming.net is
i the owneer of Uniteed States T
Trademark R
Registrationn No.
3,960,707 for WARG

GAMING.N
NET and desiign in Internnational Classses 009, 0166, and 041 foor the
goods an
nd services recited thereiin (“Wargam
ming.net Loggo”), a true and correct copy of whiich is
attached as Exhibit A,
A and is shown below.

T LANHAM
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S Page 6 of 25
15. The Wargaming.

W .net Logo is prominenntly displayyed on the home pagge of
orldofTanks..com, and is shown belo

http://Wo ow.
16. Wargaaming.net has made usee of the Warrgaming.nett Logo sincee December 1999
ommerce since at least ass early as Jun

and in co ne 7, 2000.
17. Wargaaming.net co
oined the traademark andd service maark (collectivvely “the M
Mark”)
WORLD
D OF TANKS® and mad
de use of thee mark WOR
RLD OF TA
ANKS® since at least as early
as October 2009, and

d in commerce since at leeast as earlyy as August 112, 2010.
18. Wargaaming.net iss the owner of United S

States Trademark Registtration 4,0088,136
for WOR
RLD OF TAN
NKS® in In
nternational classes
c 009, 016, and 0441 for the gooods and serrvices
recited th
herein, a truee and correctt copy of wh
hich is attachhed as Exhibbit B.

T LANHAM
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S Page 7 of 25
19. Wargaaming.net iss the owner of unregisttered tradem

marks in the World of T
Tanks
Logo rep
produced bellow (WoT Logo):
20. The WoT

W Logo iss used prominently in commerce on tthe http://W
WorldofTankss.com
web site as illustrated

d below.
21. Wargaaming.net haas made usee of the WoT

T Logo sincee at least as early as Occtober
31, 2009, and in com

mmerce sincee at least as early
e as Octoober 31, 20009.
22. The Wargaming.n

W net Logo, th
he Mark, annd the WoT Logo are ddistinctive, eeither
inherentlly or through establish

hment of acquired
a disstinctivenesss in commeerce througgh its

T LANHAM
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S Page 8 of 25
association with Wargaming.net’s goods and services for WORLD OF TANKS®. Further, on
information and belief, they have acquired substantial secondary meaning.
23. The Wargaming.net Logo, the Mark, and the WoT Logo have been used
extensively and continuously by Wargaming.net in association with its goods and services for the
game WORLD OF TANKS®.
24. The Wargaming.net Logo, the Mark, and the WoT Logo symbolize the business
goodwill of Wargaming.net and are intangible assets of substantial commercial value.
25. For several years, and prior to the acts of Defendants alleged herein,
Wargaming.net has used the Wargaming.net Logo, the Mark, and the WoT Logo, alone and in
combination, on or in connection with advertising, marketing, and sales of its goods and services
for WORLD OF TANKS®.
26. The Wargaming.net Logo, the Mark, and the WoT Logo are famous or in the
process of becoming famous. This is exemplified by the fact that WORLD OF TANKS® has
risen quickly to become one of the most popular, massive, multiplayer, online games of all time,
having amassed over 18 million users by December 21, 2011, and earning a Guinness World
Record for Most Players Online Simultaneously on One MMO Server.
27. WORLD OF TANKS® has received numerous industry awards, including First
prize for “Best Online Client Game”, KRI (Russian Game Developer’s Conference) 2010; “Best
New Concept” award at the Electronics Entertainment Expo (E3) 2010; “Best Free MMORPG”
according to the MMORPG Center’s 2010 Player’s Choice Awards; “Most Anticipated Free
MMORPG” according to the MMORPG Center’s 2010 Player’s Choice Awards; “Most
Anticipated MMO in 2010” according to the MMOSITE’s Reader’s Choice Awards 2010;
“Favorite Strategy MMO in 2010” according to the MMOSITE’s Reader’s Choice Awards 2010;

“Gold Award” from Gamers Daily News; “Best Game” KRI 2011; “Audience Award” KRI
2011; Best “Game that Needed the Award” Award from Gamepro at E3 2011; “Rising Star”
Award at E3 2011 from mmorpg.com, among others.
28. Wargaming.net has devoted millions of dollars to design, advertise, develop,
publish, and maintain WORLD OF TANKS®.
29. Wargaming.net is the owner of copyright registration number VA1-815-288 for
the WoT Logo Artwork and copyright registration number TX7-524-993 for the World of Tanks
Wiki main page, each of which includes content published at WorldofTanks.com, and copies of
which are attached respectively as Exhibits C and D.
30. Wargaming.net has copyrights in other aspects of content published at
WorldofTanks.com; however, registrations for such content have not yet been obtained from the
U.S. Copyright Office (together with the registered copyrights in the preceding paragraph,
“Wargaming Copyrights”.
31. On information and belief, Defendants registered and are using the domain name
WorldofTankShop.com in bad faith.
32. WorldofTankShop.com differs from WorldofTanks.com only by the addition of
the letters “hop” immediately before the top level domain, thereby creating actual confusion that
the web site WorldofTankShop.com is an online shop somehow associated with Wargaming.net
and WORLD OF TANKS®. The domain name WorldofTankShop.com actually includes the
entirety of Wargaming.net’s mark WORLD OF TANKS® as shown in Wargaming.net’s
trademark registration.
33. Defendants’ web site of WorldofTankShop.com is replete with copies and
counterfeit copies of Wargaming.net’s trademarks and copyrighted content.

34
4. ndants’ web site of WorrldofTankShhop.com reppeatedly missrepresents tto the
Defen
public that
t it is the “officcial onlinee shop” foor WORLD
D OF TA
ANKS®. (See
http://Wo
orldofTankS
Shop.com and
http://ww
ww.worldoftaankshop.com
m/index.php?route=inforrmation/conttact ) annootated
reproductions below)).

T LANHAM
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YRIGHT ACTS
S Page 11 of 25
COMPLAIINT FOR VIOLLATIONS OF THE LANHAM

M AND COPY
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S Page 12 of 25
35. Defe
fendants hav
ve copied Wargaming.ne
W et’s WoT loogo and coppyrighted arttwork
on http
p://WorldofT
TankShop.co
om, as shown below:
Plaiintiff’s WoT
T Logos On Defeendants’ Hom
me Page
On Def
efendants’ ho
ome page On D
Defendants’ Home pagee, referred too as
“Featured”
”
36. Defe
fendants hav
ve copied thee Wargaminng.net Logo in an attemppt to confusse the
purchasing public into believ

ving worldo
oftankshop.ccom to be an officiall, authorizedd, or
otherw
wise endorsed
d shop of Waargaming.neet:
Wargaming.net’s Reegistered Ma
ark Logo used on Worldoft
ftankshop.com
m

T LANHAM
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S Page 13 of 25
37. Defendants have copied copyrighted material from Wargaming.net, including
artwork and text content that Defendants used on WorldofTankShop.com.
38. Defendants have counterfeited and copied artwork from Wargaming.net’s
trademarks and logos.
39. Defendants have copied textual content from Wargaming.net’s
WorldofTanks.com web site, including Wargaming.net’s Privacy Policy and Terms of Service.
Compare http://worldoftanks.com/en/privacy_policy with
http://www.worldoftankshop.com/index.php?route=information/information&information_id=3.
Compare also http://worldoftanks.com/en/terms_of_service with
http://www.worldoftankshop.com/index.php?route=information/information&information_id=5.
Complete copies of each are attached as Exhibits E, F, G, and H.
40. Defendants repeatedly used Wargaming.net’s name and domain name on the
Privacy Policy or Terms & Conditions, which Defendants copied from http://WorldofTanks.com,
to make customers believe that worldoftankshop.com is somehow related to Wargaming.net
and/or WORLD OF TANKS®.

http://ww m/index.php?route=inforrmation/infoormation&innformation_id=3

T LANHAM
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S Page 15 of 25
http://ww
m/index.php?route=inforrmation/infoormation&innformation_id=5

T LANHAM
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41. On information and belief, Defendants have actual notice of Wargaming.net’s
trademark registrations because Defendants copied the worldoftankshop.com “Terms and
Conditions” from the WORLDOFTANKS.com “Terms of Service,” which state “Wargaming.net
and WN’s corporate logo are trademarks or registered trademarks of WN in the United States
and other countries, and all rights, title and interests in and to any and all such marks are hereby
expressly reserved by WN.”
42. On information and belief, Defendants’ actions have caused consumers actual
confusion. For example, Defendants have used Wargaming.net’s customer support email
address (i.e., admin@wargaming.net). As a result, consumers who have complaints, such as
fraud and theft, have been confused and misdirected their emails to Wargaming.net. Myriad
such emails exist and illustrate actual consumer confusion. Representative emails received by
Wargaming.net are attached as Exhibit I (personal information redacted).
COUNT I –TRADEMARK INFRINGEMENT UNDER 15 U.S.C. § 1114
43. Wargaming.net incorporates herein the allegations of paragraphs 1 through 42
above specifically by reference.
44. On information and belief, Defendants have—without the consent of
Wargaming.net—used in commerce reproductions, counterfeits, copies, and/or colorable
imitations of the Wargaming.net Logo, the Mark, and the WoT Logo, in connection with the
sale, offering for sale, distribution, or advertising of goods or services on
http://WorldofTankShop.com or in connection with the web site. Such acts are likely to cause
confusion, or to cause mistake, or to deceive.

45. On information and belief, Defendants acts were committed with knowledge that
their imitation was intended to be used to cause confusion, or to cause mistake, or to deceive.
46. On information and belief, Defendants have used the Wargaming.net Logo, the
Mark, and the WoT Logo, with the knowledge of, and the intent to call to mind and create a
likelihood of confusion with regard to, and/or trade off of Wargaming.net’s fame and the
Wargaming.net Logo, the Mark, and the WoT Logo.
47. On information and belief, Defendants have actual knowledge of
Wargaming.net’s trademark registrations.
48. Defendants’ acts alleged above have caused, and if not enjoined will continue to
cause, irreparable and continuing harm to Wargaming.net’s trademarks, business, reputation, and
goodwill. Wargaming.net has no adequate remedy at law as monetary damages are inadequate to
compensate Wargaming.net for the injuries caused by Defendants.
49. As a direct and proximate result of Defendants’ conduct, Wargaming.net has
suffered damages to the Wargaming.net Logo, the Mark, and the WoT Logo, and other damages
in an amount to be proved at trial.
50. Defendants’ infringement of the Wargaming.net Logo, the Mark, and the WoT
Logo, is deliberate, willful, fraudulent and without any extenuating circumstances, and
constitutes a knowing use of the Wargaming.net Logo, the Mark, and the WoT Logo, and an
exceptional case within the meaning of 15 U.S.C. § 1117(b).
51. Wargaming.net is entitled to injunctive relief and to recover Defendants’ profits,
actual damages, enhanced profits and damages, costs, and reasonable attorneys’ fees under 15
U.S.C. §§ 1114, 1116, and 1117.

COUNT II –
UNFAIR COMPETITION AND OTHER VIOLATIONS UNDER 15 U.S.C. § 1125
above specifically by reference.
53. On information and belief, Defendants have, on or in connection with their goods
or services, used in commerce Wargaming.net’s word(s), term(s), name(s), and/or symbol(s), as
well as combinations thereof, and have made false designations of origin, false or misleading
descriptions of fact, or false or misleading representations of fact, which are likely to cause
confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of
Defendants with Wargaming.net, or as to the origin, sponsorship, or approval of Defendants’
goods, services, or commercial activities by Wargaming.net.
54. On information and belief, Defendants have, on or in connection with their goods
or services, used in commerce Wargaming.net’s word(s), term(s), name(s), and/or symbol(s), as
well as combinations thereof, and have made false designations of origin, false or misleading
descriptions of fact, or false or misleading representations of fact, which in commercial
advertising or promotion, misrepresented the nature, characteristics, qualities, and/or geographic
origin of Defendants’ goods or services.
55. On information and belief, Defendants have and had a bad faith intent to profit
from the Wargaming.net Logo, the Mark, and the WoT Logo.
56. On information and belief, Defendants registered, trafficked in, and used a
domain name—http://WorldofTankShop.com—that includes the Mark and is confusingly similar
to the Mark.

57. On information and belief, Defendants have no trademark or other intellectual
property rights in http://WorldofTankShop.com.
58. On information and belief, WorldofTankShop.com does not consist of the legal
name of any person or a name that is otherwise commonly used to identify any person.
59. On information and belief, Defendants have not had any prior use of their domain
name in connection with the bona fide offering of any goods or services.
60. On information and belief, Defendants have no bona fide noncommercial or fair
use of the Wargaming.net Logo, the Mark, and the WoT Logo in a site accessible under
Defendants’ domain name.
61. On information and belief, Defendants intended to divert consumers from
Wargaming.net’s online location (WorldofTanks.com) to http://WorldofTankShop.com that
could harm the goodwill represented by the Wargaming.net Logo, the Mark, and the WoT Logo,
for commercial gain, by creating a likelihood of confusion as to the source, sponsorship,
affiliation, or endorsement of the site.
62. On information and belief, Defendants provided misleading false contact
information when applying for the registration of the domain name and intentionally failed to
maintain accurate contact information.
63. On information and belief, Defendants had no reasonable grounds to believe that
the use of the http://WorldofTankShop.com domain name was a fair use or otherwise lawful.
64. Defendants’ acts alleged above have caused, and if not enjoined will continue to
cause, irreparable and continuing harm to Wargaming.net’s trademarks, business, reputation, and
goodwill. Wargaming.net has no adequate remedy at law as monetary damages are inadequate to
compensate Wargaming.net for the injuries caused by Defendants.

65. As a direct and proximate result of Defendants’ conduct, Wargaming.net has
suffered damages to its business, its goodwill, its trade name recognition, the Wargaming.net
Logo, the Mark, and the WoT Logo, and other damages in an amount to be proved at trial.
66. Wargaming.net is entitled to injunctive relief and to recover Defendants’ profits,
actual damages, enhanced profits and damages, costs, and reasonable attorney fees under 15
U.S.C. §§ 1125(a), 1125(d), 1116, and 1117. Wargaming.net is further entitled to have the
domain name http://WorldofTankShop.com transferred to it under 15 U.S.C. § 1125(d)(1)(C).
COUNT III – COPYRIGHT INFRINGEMENT
above specifically by reference
68. On information and belief, Defendants have infringed and continue to infringe
Wargaming.net’s Copyrights under, inter alia, 17 U.S.C. §§ 102, 106, 501, and 602 by copying,
reproducing, making, displaying, importing, selling, and/or distributing infringing articles on
Defendants’ worldoftankshop.com web site without authorization from Wargaming.net.
69. Defendants’ conduct as alleged herein has caused and will continue to cause
Wargaming.net irreparable harm for which there is no adequate remedy at law, and is also
causing damage to Wargaming.net in an amount that cannot be accurately computed at this time
but will be proven at trial.
70. Defendants’ conduct is blatant, wanton, and willful.
71. Wargaming.net is entitled to injunctive relief, actual damages, and to recover
Defendants’ profits under 17 U.S.C. §§ 502 and 504.

JURY DEMAND
In accordance with the Seventh Amendment of the United States Constitution,
Wargaming.net demands a trial by jury on all issues so triable.
PRAYER FOR RELIEF
WHEREFORE, Wargaming.net prays that this Court:
a) Enter judgment that the Defendants: (i) willfully counterfeited the
Wargaming.net Logo, the Mark, and the WoT Logo in violation of §1114 of Title 15 in the
United States Code, (ii) willfully infringed the Wargaming.net Logo, the Mark, and the WoT
Logo in violation of § 1114 of Title 15 in the United States Code, (iii) willfully used false
designations of origin/unfair competition in violation of § 1125(a) of Title 15 in the United
States Code, (iv) committed cyber piracy under § 1125(d) of Title 15 in the United States Code,
and (v) willfully infringed Wargaming.net’s copyrights;
b) Enter a preliminary and permanent injunction against further infringement, false
designation of origin, and unfair competition of the Wargaming.net Logo, the Mark, and the
WoT Logo by Defendants, their officers, agents, servants, employees, and attorneys, and all
others in active concert or participation with any of them;
c) Enter a preliminary and permanent injunction against further infringement of
Wargaming.net’s copyrights by Defendants, their officers, agents, servants, employees, and
attorneys, and all others in active concert or participation with any of them;
d) Pursuant to 17 U.S.C. § 1117(a), award Wargaming.net Defendant’s profits,
damages sustained by Wargaming.net, the costs of the action, enhanced damages, and reasonable
attorneys’ fees based on Defendants’ violations of 17 U.S.C. §§ 1114 and 1125;

e) Pursuant to 17 U.S.C. § 1117(b), enter judgment in Wargaming.net’s favor for
three times Defendants’ profits or Wargaming.net’s damages, whichever amount is greater,
together with reasonable attorneys’ fees based on Defendants intentionally using a mark or
designation, knowing such mark or designation is a counterfeit in connection with the sale,
offering for sale, or distribution of goods or services, and award prejudgment interest;
f) Pursuant to 17 U.S.C. § 1117(c), award Wargaming.net statutory damages in the
amount of $2,000,000 per counterfeit mark per type of goods or services sold, offered for sale, or
distributed for Defendants’ willful use of counterfeits of Wargaming.net’s marks;
g) Pursuant to 17 U.S.C. § 1117(d), award Wargaming.net statutory damages in the
amount of $100,000 for the http://WorldofTankShop.com domain name;
h) Pursuant to 15 U.S.C. § 504, award Wargaming.net Defendant’s profits and
damages sustained by Wargaming.net based on Defendants’ copyright infringement under 15
U.S.C. § 501;
i) Order the domain name WorldofTankShop.com be transferred to Wargaming.net;
and
j) Grant Wargaming.net such other further relief as the Court may deem proper and
just.

Respectfully submitted,
Dated: June 1, 2012 /s/ Timothy C. Meece

Timothy C. Meece (IL Bar No. 06226967)
V. Bryan Medlock (pro hac vice pending)
BANNER & WITCOFF, LTD.
10 S. Wacker Drive, Ste. 3000
Chicago, IL 60606
Tel: (312) 463-5000
Fax: (312) 463-5001
Ross Dannenberg (pro hac vice pending)

BANNER & WITCOFF, LTD.
1100 13th Street, NW, Suite 1200
Washington, DC 20005
Tel: (202) 824-3000
Fax: (202) 824-3001
Attorneys for Plaintiff,

Wargaming.net LLP

EXHIBIT LIST
Exhibit Letter Description
A United States Trademark Registration No. 3,960,707
B United States Trademark Registration No. 4,008,136
C United States Copyright Registration No. VA1-815-288
D United States Copyright Registration No. TX7-524-993
E Privacy Policy on http://WorldofTanks.com
F Privacy Policy on http://WorldofTankShop.com
G Terms of Service on http://WorldofTanks.com
H Terms of Service on http://WorldofTankShop.com
I Collection of Emails Evidencing, inter alia, Actual Confusion

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Case: 1:12-cv-04312 Document #: 1 Filed: 06/04/12 Page 1 of 25 PageID #:1

UNITED STATES DISTRICT COURT

COMPLAINT FOR VIOLATIONS OF THE LANHAM AND COPYRIGHT ACTS

Plaintiff Wargaming.net for its complaint against Defendants WorldofTankShop.com,

1. This is an action for trademark counterfeiting, trademark infringement, cyber

101 et. seq.

2. Plaintiff Wargaming.net LLP—an online, strategy, game development

COMPLAINT FOR VIOLATIONS OF THE LANHAM AND COPYRIGHT ACTS Page 1 of 25

3. Wargaaming.net has an onlinee multiplayeer game, WO

COMPLAIINT FOR VIOLLATIONS OF THE

4. The activities and

(reproducced below) give

COMPLAIINT FOR VIOLLATIONS OF THE

informatiion, the dom

assigned the IP Addrress of 108.16.321.98 to SingleHop, LLC (“SinggleHop”).

Chicago,, Illinois. (Seee http://ww

8. Thus, on informaation and belief, the w

COMPLAIINT FOR VIOLLATIONS OF THE

Chicago;; make sales in this judiccial district through

and infriinge Wargam

identifiess the registrrant of WorrldofTankSh

belief iss a fake naame and iss insufficien

COMPLAIINT FOR VIOLLATIONS OF THE

11. This Court

§§ 1331, 1338(a), 1338(b), and 15

12. This Court has personal

13. Venuee is proper in this judicial distriict pursuantt to at leasst 28 U.S.C

1391(b)(2) and 1400(a).

3,960,707 for WARG

COMPLAIINT FOR VIOLLATIONS OF THE

15. The Wargaming.

orldofTanks..com, and is shown belo

ommerce since at least ass early as Jun

as October 2009, and

18. Wargaaming.net iss the owner of United S

COMPLAIINT FOR VIOLLATIONS OF THE

19. Wargaaming.net iss the owner of unregisttered tradem

20. The WoT

web site as illustrated

21. Wargaaming.net haas made usee of the WoT

31, 2009, and in com

22. The Wargaming.n

inherentlly or through establish

COMPLAIINT FOR VIOLLATIONS OF THE

information and belief, they have acquired substantial secondary meaning.

game WORLD OF TANKS®.

goodwill of Wargaming.net and are intangible assets of substantial commercial value.

for WORLD OF TANKS®.

Record for Most Players Online Simultaneously on One MMO Server.

COMPLAINT FOR VIOLATIONS OF THE LANHAM AND COPYRIGHT ACTS Page 9 of 25

Award at E3 2011 from mmorpg.com, among others.

28. Wargaming.net has devoted millions of dollars to design, advertise, develop,

publish, and maintain WORLD OF TANKS®.

29. Wargaming.net is the owner of copyright registration number VA1-815-288 for

which are attached respectively as Exhibits C and D.

30. Wargaming.net has copyrights in other aspects of content published at

WorldofTankShop.com in bad faith.

32. WorldofTankShop.com differs from WorldofTanks.com only by the addition of

entirety of Wargaming.net’s mark WORLD OF TANKS® as shown in Wargaming.net’s

33. Defendants’ web site of WorldofTankShop.com is replete with copies and

counterfeit copies of Wargaming.net’s trademarks and copyrighted content.

COMPLAINT FOR VIOLATIONS OF THE LANHAM AND COPYRIGHT ACTS Page 10 of 25

COMPLAIINT FOR VIOLLATIONS OF THE