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27581969v3 0087890-000026 Davis Wright Tremaine LLP LAWOFFI CES
1201 Third Avenue, Suite 2200 Seattle, WA98101-3045206.622.3150
main 206.757.7700 fax UNITED STATES DISTRICT COURT WESTERN DISTRICT
OF WASHINGTON AT SEATTLE THE POKMON COMPANY INTERNATIONAL, INC., a
Delaware corporation, Plaintiff, v. RAGEON, INC., a Delaware
corporation, Defendant. No.2:15-cv-01265 COMPLAINT FOR COPYRIGHT
INFRINGEMENT JURY DEMAND The Pokmon Company International, Inc.
(TPCi) brings this action against RageOn, Inc. (RageOn), owner and
operator of the web site located at www.rageon.com (the RageOn
Site), to put an end to and obtain redress for RageOns widespread,
blatant and willful infringement of TPCis copyrights.
I.SUBJECT-MATTER JURISDICTION1.This Court has subject-matter
jurisdiction over this action under 28 U.S.C. 1331 and 1338(a),
because it arises under the Copyright Act (17 U.S.C. 101, et seq.).
II.THE PARTIES 2.Plaintiff, The Pokmon Company International, Inc.,
is a Delaware corporation with its principal place of business at
601 108th Ave. NE, Suite 1600, Bellevue, Washington 98004. Case
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27581969v3 0087890-000026 Davis Wright Tremaine LLP LAWOFFI CES
1201 Third Avenue, Suite 2200 Seattle, WA98101-3045206.622.3150
main 206.757.7700 fax 3.Upon information and belief, Defendant,
RageOn, Inc., is a Delaware corporation with its principal place of
business at 1163 East 40th Street, Suite 211, Cleveland, Ohio
44114, that designs and sells all-over-print apparel and other
products. III.PERSONAL JURISDICTION AND VENUE 4.RageOn is subject
to personal jurisdiction in this Court because, on information and
belief, RageOn transacts business in this judicial district, ships
its products to this judicial district, targets advertising to this
judicial district and prospective consumers here, and generates
substantial revenue from online sales of t-shirts and other
merchandise to consumers in this judicial district to whom RageOn
markets these products through its highly interactive, commercial
web site at www.rageon.com.RageOn also is subject to personal
jurisdiction in this Court because this dispute arises from RageOns
intentionally tortious conductnamely, willfully and deliberately
infringing TPCis copyrightswith which RageOn has specifically
targeted and injured TPCi in this judicial district. 5.Venue is
proper in this Court pursuant to 28 U.S.C. 1391(b) because a
substantial part of the events or omissions giving rise to the
claim occurred in this judicial district and has harmed TPCi in
this judicial district.Venue also is proper under 28 U.S.C. 1391(c)
because RageOn is subject to personal jurisdiction in this judicial
district and therefore is deemed to reside here. IV.FACTUAL
ALLEGATIONS A.The Pokmon Trading Card Game and Some of its
Characters. 6.TPCi manufactures, markets, and distributes a variety
of entertainment products, including trading card games, movies,
television shows, and toys throughout the United States and around
the world.7.At the center of TPCis business is the wildly popular
Pokmon trading card game (the Trading Card Game).Each Pokmon
trading card represents a particular character (or Pokmon).Players
take the role of Trainers and use their collected Pokmon to battle
Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page 2 of
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27581969v3 0087890-000026 Davis Wright Tremaine LLP LAWOFFI CES
1201 Third Avenue, Suite 2200 Seattle, WA98101-3045206.622.3150
main 206.757.7700 fax the other Trainers creatures.Between games,
players collect and exchange trading cards to assemble their
optimal decks. 8.Each Pokmon trading card contains original artwork
depicting a Pokmon character, as well as a description of the
character and its powers and abilities, and other data indicating
the cards value.For example, here is a copy of a trading card
depicting the iconic character Pikachu: 9.Under the Copyright Act,
TPCi owns the copyrights in the artwork and characters that TPCi
has developed over thousands of trading cards for more than a
decade.TPCi has registered its claims to copyrights in the trading
cards and the characters they depict with the United States
Copyright Office.Exhibit A to this Complaint lists TPCis copyright
registrations in some of these trading cards, including the titles
of those works and their corresponding registration numbers
(collectively, the Pokmon Works). 10.TPCi products, and
specifically the Trading Card Game cards, are rolled out to
significant fanfare and marketed to millions of users both in the
United States and around the world.In 2014 alone, TPCi invested
over $6 million in domestic advertising and promotions Case
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27581969v3 0087890-000026 Davis Wright Tremaine LLP LAWOFFI CES
1201 Third Avenue, Suite 2200 Seattle, WA98101-3045206.622.3150
main 206.757.7700 fax associated with its Trading Card Game.TPCi
products are directed at and enjoyed by users of all ages. 11.TPCi
features the Pokmon characters not only in its vastly successful
Trading Card Game, but also in a wide variety of clothing, books,
toys, and other merchandise (the Pokmon Merchandise) that TPCi
creates and sells, both directly and through a world-wide network
of licensees.TPCis domestic sales of Pokmon Merchandise exceeded $6
million in 2014 alone. 12.The iconic characters and comprehensive
Pokmon world that appear in the Pokmon Trading Card Game also
provide a rich source of content for the 18 seasons of TPCis
long-running televised series of Pokmon cartoons and 17 full-length
Pokmon animated motion pictures. 13.Through appearances in the
Pokmon television programs and films, together with years of
development through the Trading Card Game and Pokmon Merchandise,
several Pokmon characters have emerged as icons and fan
favorites.They include Pikachu, Charizard, Bulbasaur, Snorlax,
Squirtle, Charmander, Eevee, Gengar, Slowpoke and Jigglypuff, which
are described more fully below. 14.Pikachu, the most recognizable
Pokmon within the Pokmon universe, has become the principal mascot
for TPCi as a company and for the Pokmon brand world-wide. Sample
images of this iconic character appear below: 15.Pikachu appears on
numerous cards in the Pokmon Trading Card Game, and is featured in
or around the branding for championship tournaments and other
events that TPCi Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page
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DWT 27581969v3 0087890-000026 Davis Wright Tremaine LLP LAWOFFI CES
1201 Third Avenue, Suite 2200 Seattle, WA98101-3045206.622.3150
main 206.757.7700 fax organizes with respect to the Pokmon Trading
Card Game.Pikachu has consistently featured in Pokmon Merchandise
since its introduction, and TPCis prominent use of Pikachu in such
goods has generated enormous consumer recognition. 16.Of the Pokmon
Works listed in Exhibit A, Copyright Registrations No.
VA0001821217, VA0001908607 and VA0001736210 depict Pikachu.
17.Charizard, another Pokmon character, has generated a strong
following among Pokmon fans since it was first introduced.
Charizard is regularly featured in the Pokmon Trading Card Game,
and a Charizard card remains the most coveted card for
collectors.TPCi has featured Charizard in or around the branding
for championship tournaments and other events that it organizes
with respect to the Pokmon Trading Card Game.Given Charizards
substantial appeal to fans, TPCi continues to use Charizard
frequently on Pokmon Merchandise.Images of Charizard appear below:
18.Of the Pokmon Works listed in Exhibit A, Copyright Registrations
No. VA0001907632 and VA0001938982 depict Charizard. 19.The Pokmon
character Bulbasaur made its Trading Card Game debut in 1998 and
has since appeared on over 15 cards.As one of the first Pokmon,
Bulbasaur is highly recognizable and has been featured across
multiple product categories including books, toys, games, apparel,
and accessories.Images of Bulbasaur appear below: Case
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27581969v3 0087890-000026 Davis Wright Tremaine LLP LAWOFFI CES
1201 Third Avenue, Suite 2200 Seattle, WA98101-3045206.622.3150
main 206.757.7700 fax 20.Of the Pokmon Works listed in Exhibit A,
Copyright Registration No. VA000191730 depicts Bulbasaur. 21.The
Pokmon character Snorlax also made its Trading Card Game debut in
1998 as part of the initial wave of Pokmon characters and has since
appeared on over 15 cards. Snorlax has been featured on consumer
goods since the late 1990s.This character has resurfaced as a fan
favorite in recent years and appears on a variety of products
including books, toys, apparel, hats and belts.Images of Bulbasaur
appear below: 22.Of the Pokmon Works listed in Exhibit A, Copyright
Registrations No. VA0001908694 and VA0001914336 depict Snorlax.
23.The Pokmon character Squirtle similarly made its Trading Card
Game debut in 1998 and has since appeared on over 15 cards.As one
of the first Pokmon, this character is highly recognizable and has
been featured across multiple product categories including books,
toys, games, apparel, and accessories.Images of Squirtle appear
below: Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page 6 of
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27581969v3 0087890-000026 Davis Wright Tremaine LLP LAWOFFI CES
1201 Third Avenue, Suite 2200 Seattle, WA98101-3045206.622.3150
main 206.757.7700 fax 24.Of the Pokmon Works listed in Exhibit A,
Copyright Registrations No. VA0001907954 and VA0001943062 depict
Squirtle. 25.The Pokmon character Charmander also made its first
Trading Card Game appearance in 1998.It has since appeared on over
15 cards.As one of the original Pokmon, Charmander is highly
recognizable and has been featured across multiple product
categories in addition to the Trading Card Game, including books,
toys, apparel, and accessories.Images of Charmander appear below:
26.Of the Pokmon Works listed in Exhibit A, Copyright Registrations
No. VA0001907710 and VA0001940161 depict Charmander. 27.The Pokmon
character Eevee first appeared in the Trading Card Game in 1999 and
has since appeared on over 20 cards.Eevee was featured on consumer
goods in the late 1990s and early 2000s. As a Pokmon with multiple
evolved forms , to which additional new forms have added over the
years, Eevee is a fan favorite that continues to appear on a
variety of Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page 7 of
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27581969v3 0087890-000026 Davis Wright Tremaine LLP LAWOFFI CES
1201 Third Avenue, Suite 2200 Seattle, WA98101-3045206.622.3150
main 206.757.7700 fax products including books, toys and plush,
apparel, and accessories.Images of Eevee appear below: 28.Of the
Pokmon Works listed in Exhibit A, Copyright Registrations No.
VA0001736199 and VA0001917164 depict Eevee. 29.The Pokmon character
Gengar made its Trading Card Game debut in 1999 and has since
appeared on over 20 cards.Gengar first appeared on consumer goods
in the late 1990s and early 2000s.This character has resurfaced as
a fan favorite in recent years and appears on a variety of products
including books, plush, apparel, and accessories.Images of Gengar
appear below: 30.Of the Pokmon Works listed in Exhibit A, Copyright
Registration No. VA0001755592 depicts Gengar. Case 2:15-cv-01265
Document 1 Filed 08/11/15 Page 8 of
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27581969v3 0087890-000026 Davis Wright Tremaine LLP LAWOFFI CES
1201 Third Avenue, Suite 2200 Seattle, WA98101-3045206.622.3150
main 206.757.7700 fax 31.The Pokmon character Slowpoke made its
Trading Card Game debut in 1999 and has since appeared on over 15
cards. Slowpoke first appeared on consumer goods in the late 1990s
and early 2000s.Images of Slowpoke appear below: 32.Of the Pokmon
Works listed in Exhibit A, Copyright Registration No. VA0001917500
depicts Slowpoke. 33. The Pokmon character Jigglypuff made its
Trading Card Game debut in 1999 and has since appeared on over 15
cards.Jigglypuff first appeared on consumer goods in the late 1990s
and 2000s.Images of Jigglypuff appear below: 34.Of the Pokmon Works
listed in Exhibit A, Copyright Registration No. VA0001820724
depicts Jigglypuff. 35.Pikachu, Charizard, Bulbasaur, Snorlax,
Squirtle, Charmander, Eevee, Gengar, Slowpoke, and Jigglypuff
demonstrate how Pokmon characters cultivate appeal among Case
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27581969v3 0087890-000026 Davis Wright Tremaine LLP LAWOFFI CES
1201 Third Avenue, Suite 2200 Seattle, WA98101-3045206.622.3150
main 206.757.7700 fax Pokmon fans and emerge as central elements
for the designs that TPCi selects for its clothing, accessories,
and other merchandise. B.RageOn and its Sales of Infringing Goods.
36.RageOn sells a wide variety of products printed with colorful
all-over artwork.These products include apparel, such as t-shirts,
hoodies, sweatpants, sweatshirts, underwear, swimwear, aprons, crop
tops, hoodies, jumpers, childrens clothes, long sleeve shirts,
bandanas, hats, sandals, shoes, and socks; linens and housewares,
including blankets, pillows, duvet covers, pillow cases, shower
curtains, and towels; and other merchandise, such as backpacks
coffee mugs, telephone cases, and yoga mats. 37.Much of the artwork
that RageOn places on the products it sells features Pokmon
characters, all of which RageOn uses without permission. 38.RageOn
freely admits that its products use Pokmon designs.For example, in
its description of an infringing shirt on its website, RageOn
states: Check out this Pokemon Tank Top from Lets Rage! This
all-over print design features some of our favorite Pokemon from
the First Generations original 151!RageOn also lists Pokmon as a
theme on its web site that allows customers shopping there to
narrow down the product offerings displayed to just those featuring
Pokmon characters.Further, one of the brands that RageOn uses to
collect its designs into categories is called Pokepuns, and is
devoted entirely to Pokmon-focused merchandise.39.Images of RageOns
Pokmon designs are also featured in its official social media and
promotion.For example, one of the cover photos that RageOn uses for
its Facebook page shows two of their Pokmon apparel designs at
center the Pokmon sweatshirt featuring the faces of 150 or so
Pokmon
(http://www.rageon.com/products/rageon-original-151-pokemon-all-over-print-crewneck-sweatshirt)
and I Choose Electric featuring Pikachu
(http://www.rageon.com/products/i-choose-electric-crewneck-sweatshirt).
Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page 10 of
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27581969v3 0087890-000026 Davis Wright Tremaine LLP LAWOFFI CES
1201 Third Avenue, Suite 2200 Seattle, WA98101-3045206.622.3150
main 206.757.7700 fax In addition, a RageOn-sponsored link on
Facebook that used the Pokmon trademark and logo urged users to
like RageOn if they like Pokmon: Similarly, the header image for
RageOns YouTube channel
(https://www.youtube.com/user/LetsRageClothing) shows someone
wearing RageOns Snorlax T-shirt (depicted in Paragraph 42 below):
Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page 11 of
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27581969v3 0087890-000026 Davis Wright Tremaine LLP LAWOFFI CES
1201 Third Avenue, Suite 2200 Seattle, WA98101-3045206.622.3150
main 206.757.7700 fax 40.Because RageOn aims to be an edgy brand, a
number of its infringing products depict Pokmon characters in ways
that TPCi would never do itself or allow its licensees to do.These
include associating Pokmon characters with drug use; showing Pokmon
characters being chased by Pedobear, a popular Internet meme for a
pedophilic cartoon bear; and depicting Pikachu as a Hasidic Jew
surrounded by bundles of money and renaming the character
Pikajew.41.RageOns infringing merchandise includes numerous designs
that showcase Pikachu, Charizard, Bulbasaur, Snorlax, Squirtle,
Charmander, Eevee, Gengar, Slowpoke, Jigglypuff and other popular
Pokmon characters.A few examples are set forth below: Case
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1201 Third Avenue, Suite 2200 Seattle, WA98101-3045206.622.3150
main 206.757.7700 fax Case 2:15-cv-01265 Document 1 Filed 08/11/15
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LLP LAWOFFI CES 1201 Third Avenue, Suite 2200 Seattle,
WA98101-3045206.622.3150 main 206.757.7700 fax Case 2:15-cv-01265
Document 1 Filed 08/11/15 Page 14 of
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1201 Third Avenue, Suite 2200 Seattle, WA98101-3045206.622.3150
main 206.757.7700 fax Case 2:15-cv-01265 Document 1 Filed 08/11/15
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COMPLAINT - 16 DWT 27581969v3 0087890-000026 Davis Wright Tremaine
LLP LAWOFFI CES 1201 Third Avenue, Suite 2200 Seattle,
WA98101-3045206.622.3150 main 206.757.7700 fax 42.Each piece of
merchandise bearing one of the Pokmon Works that RageOn makes,
distributes and sells is a direct infringement of TPCis exclusive
rights in the Pokmon Works. V.CAUSE OF ACTION (Copyright
Infringement, 17 U.S.C. 101, et seq.) 43.TPCi realleges and
incorporates by reference all of the allegations set forth in
paragraphs 1 through 42 above. Case 2:15-cv-01265 Document 1 Filed
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COMPLAINT - 17 DWT 27581969v3 0087890-000026 Davis Wright Tremaine
LLP LAWOFFI CES 1201 Third Avenue, Suite 2200 Seattle,
WA98101-3045206.622.3150 main 206.757.7700 fax 44.Each of the
Pokmon Works constitutes an original work of authorship and
copyrightable subject matter under the laws of the United States.
45.TPCi is the sole owner of copyright in the Pokmon Works, as
noted on the corresponding Certificates of Registration. 46.RageOn
has copied, created derivative works of, distributed copies to the
public, and/or displayed publicly Pokmon Works without the consent
or authority of TPCi, thereby directly infringing TPCis exclusive
rights under Section 106 of the Copyright Act17 U.S.C. 106. 47.The
foregoing acts of RageOn constitute infringement of TPCis exclusive
rights, in violation of the Copyright Act, 17 U.S.C. 501(a).
48.RageOns actions were and are intentional, willful, wanton, and
performed in disregard of TPCis rights. 49.TPCi is entitled to
injunctive relief pursuant to 17 U.S.C. 502.TPCi has no adequate
remedy at law for RageOns wrongful conduct because, among other
things, (a) TPCis copyrights are unique and valuable property which
have no readily determinable market value, (b) RageOns continued
infringement harms TPCi such that TPCi could not be made whole by a
monetary award alone, and (c) RageOns wrongful conduct, and the
resulting damage to TPCi, is continuing. 50.TPCi has been and will
continue to be damaged, and RageOn has been unjustly enriched, by
RageOns unlawful infringement of TPCis copyrights in an amount to
be proven at trial. 51.Alternatively, TPCi is entitled to statutory
damages under 17 U.S.C. 504(c). 52.In addition, for the reasons set
forth above, the award of statutory damages should be enhanced in
accordance with 17 U.S.C. 504(c)(2). 53.TPCi is also entitled to
recover its attorneys fees and costs of suit pursuant to 17 U.S.C.
505. Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page 17 of
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27581969v3 0087890-000026 Davis Wright Tremaine LLP LAWOFFI CES
1201 Third Avenue, Suite 2200 Seattle, WA98101-3045206.622.3150
main 206.757.7700 fax VI.PRAYER FOR RELIEF WHEREFORE, TPCi
respectfully requests judgment be entered in its favor and against
RageOn as follows: 1.A permanent injunction perpetually enjoining
and restraining RageOn, and all persons or entities acting in
concert with it, from copying, creating derivative works from,
distributing copies of, and/or publicly displaying the Pokmon
Works. 2.An award of:a.the actual damages suffered by TPCi as a
result of RageOns infringement, and any profits of RageOn that are
attributable to the infringement and are not taken into account in
computing the actual damages; or in the alternative, at the
election of TPCi at any time before final judgment is rendered,
b.statutory damages pursuant to 17 U.S.C. 504(c), within the higher
range allowed when infringement has been committed willfully. 3.An
award to TPCi of its costs of suit, including, but not limited to,
reasonable attorneys fees, as permitted by law; 4.An order under 17
USC 503(b) directing a.impoundment, on such terms as the Court may
deem reasonable, (i) all copies made or used in violation of the
exclusive right of TPCi; (ii) all plates, molds, matrices, masters,
tapes, film negatives, or other articles by means of which such
copies may be reproduced; and (iii) records documenting the
manufacture, sale, or receipt of things involved in any such
violation, provided that any records seized shall be taken into the
custody of the Court; andb.destruction or other reasonable
disposition of all copies found to have been made or used in
violation of TPCis exclusive rights, and of all plates, molds,
matrices, masters, tapes, film negatives, or other articles by
means of which such copies may be reproduced; and 5.Such other
relief as the Court deems just and proper. Case 2:15-cv-01265
Document 1 Filed 08/11/15 Page 18 of
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27581969v3 0087890-000026 Davis Wright Tremaine LLP LAWOFFI CES
1201 Third Avenue, Suite 2200 Seattle, WA98101-3045206.622.3150
main 206.757.7700 fax DEMAND FOR JURY TRIAL Pursuant to Rule 38 of
the Federal Rules of Civil Procedure, TPCi demands a trial by jury
of all issues so triable. DATED this 11th day of August, 2015.
Davis Wright Tremaine LLP Attorneys for Plaintiff The Pokmon
Company International, Inc. By s/ Stuart R. Dunwoody Stuart R.
Dunwoody WSBA #13948 1201 Third Avenue, Suite 2200 Seattle,
WA98101-3045 Telephone: 206-757-8034 Fax: 206-757-7034 E-mail:
[email protected] Case 2:15-cv-01265 Document 1 Filed 08/11/15
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