Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 1 of 29

U S OtSTPiCT rOURT
IN THE UNITED STATES DISTRICT COURT
, IL L J
FOR THE DISTRICT OF NEW HAMPSHIRE

DAVID COUTURE

Plaintiff

v. / 0 -cu-yyo
PLAYDOM, INC.
a Delaware corporation

Defendant

COMPLAINT

Plaintiff David Couture ("David Couture" or "Plaintiff) hereby files this

Complaint on personal knowledge as to his activities and on information and belief as to

the activities of others:

INTRODUCTION

David Couture is an individual who has been working in the entertainment

industry since 2003. He has been advertising and actively offering entertainment services

for television, film, and new media (digital media transmitted over multiple platforms)

using the PLAYDOM mark since May 30, 2008. Mr. Couture chose "Playdom" as a

combination of "play dumb" and the word "kingdom." In addition, he uses the slogan

"Where Comedy is King" to drive home the connection and uses one cohesive logo that

consists of a court jester hat and a king's crown (below).

 Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 2 of 29

The defendant named here adopted the corporate name "Playdom, Inc." and the

website www.Playdom.com with complete disregard for Plaintiff's trademark rights. In

addition, the defendant applied for the identical MARK with the United States Patent and

Trademark Office under the identical International and/or U.S. codes as the one legally

registered and maintained by Plaintiff (below).

PLAYDOM PLAYDOM
The U.S.P.T.O. DENIED the defendant's application

When a cease and desist letter by the plaintiff was sent in a timely manner,

Plaintiff was rebuffed.

Since then, Defendant has attempted to bully Plaintiff with false accusations of

fraud, threats of legal action and lies in an attempt to force Plaintiff to abandon his

rightful claim to the PLAYDOM mark. Since the adoption of the Infringing Trademark,

Defendant has buried Plaintiff's legally registered and maintained trademark in a sea of

infringement.

While the defendant has tried to dismiss Plaintiff's use of the PLAYDOM mark

as fraud, the U.S.P.T.O. has thus far their claims in ruling against Defendant's Motion for

Summary Judgment in association with the defendant's Petition for Cancellation of

Plaintiff's PLAYDOM mark.

More recently, the defendant has announced the sale of their company along with

their website www.Plavdom.com and all the assets marketed under the Infringing Mark

2
 Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 3 of 29

and all products and services offered and sold under the Infringing Mark. Accordingly,

David Couture has no choice but to commence this action to prevent the unjust

enrichment of a willful infringer, and to protect his PLAYDOM® brand and trademark

from increased consumer confusion.

PARTIES

1. Plaintiff has maintained a website available on the World Wide Web with an

Internet address resolving at the Uniform Resource Locater ("URL")

www.PlaydomInc.com since May 30, 2008. After the willful infringement by Defendant,

Plaintiff was forced to adopt an Internet address resolving at the Uniform Resource

Locator ("URL") www.PlaydomEntertainment.com (while still actively using

www.PlaydomInc.coml to differentiate his services from Defendant's.

2. Defendant Playdom, Inc., formally doing business as YouPlus, is a corporation

organized in Delaware and California and having a principal place of business at 100 W.

Evelyn Ave., Suite 110 Mountain View, California 94041. Playdom, Inc. also maintains

a website on the World Wide Web with an Internet address resolving at the Uniform

Resource Locator ("URL") www.Playdom.com.

JURISDICTION AND VENUE

3. This Court has original subject matter jurisdiction over Plaintiff's claims

pursuant to 28 U.S.C. §§ 1331 and 1338 and 15 U.S.C. §§ 1116 and 1121. This Court

has supplemental jurisdiction over the state law claims under 28 U.S.C. § 1367.

4. This Court has personal jurisdiction over Defendant in that they do business

3
 Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 4 of 29

and in this District.

5. Venue is appropriate in this judicial district under 28 U.S.C. § 1391 in that

Defendant is subject to personal jurisdiction by reason of their pervasive Internet

presence.

BACKGROUND FACTS

6. David Couture, and at times his Agent, has been offering his services in the

entertainment industry since 2003. His services have been advertised and offered in

conjunction with the PLAYDOM mark since May 30, 2008. Plaintiff currently has

projects in consideration at 20tb Centry Fox Television, ABC Studios, and FX Network.

7. David Couture is the owner of the entire right, title and interest in and to, inter

alia, the following federally-registered trademark:

Registration Number Trademark Goods and Services

3,560,701 PLAYDOM Entertainment and educational services,
namely, providing advice and information
for music, video and film concept and
script development; Entertainment
services, namely, a multimedia program
series featuring comedy, action and
adventure distributed via various
platforms across multiple forms of
transmission media; Motion picture film
production; Production of television
programs; Script writing services;
Scriptwriting services.

8. Attached to this complaint as Exhibit A is a true copy of printouts from the

United States Patent and Trademark Office ("USPTO") website evidencing Plaintiff's

ownership of this trademark. The registration in Exhibit A is valid, subsisting,

4
 Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 5 of 29

unrevoked, uncancelled, and incontestable.

9. This registered trademark is referred to as "PLAYDOM Trademark" or

"PLAYDOM mark."

10. The PLAYDOM Trademark has been promoted both in the United States and

throughout the world via the World Wide Web.

11. The PLAYDOM mark has also been advertised with business cards that

reference Plaintiff's website and distributed for the purpose of offering his entertainment

services associated with the PLAYDOM trademark.

12. Plaintiff has used the email address playdonKSmac.com, utilizing the

PLAYDOM Trademark, in association with entertainment services.

Defendant's Conduct

13. On February 9, 2009, Defendant filed for Trademark Application, (Serial

Number 77666627), under IB filing status despite prior "use in commerce" of Plaintiff's

Trademark (the "Infringing Trademark") and despite Plaintiff's identical federally-

registered trademark for identical services and services in a closely related industry,

namely online interactive entertainment. In addition, Plaintiff's website,

"www.Playdominc.com." appeared at or near the top position of the search engine results

through a simple search for Plaintiff's mark "PLAYDOM" using major search engines

including but not limited to Google and Yahoo.

14. As shown below, Defendant has advertised and offered for sale and or sold

their "virtual goods" and services using the Infringing Trademark. They utilized a

confusingly similar slogan "Where players rule," which has similar sentence structure

and evokes the same theme of "kingdom" as Plaintiff's slogan "Where Comedy is King."

5
 Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 6 of 29

Defendant also incorporates a crown into their logo.

15. On April 28, 2010, Defendant's Attorney responded to Plaintiff's cease and

desist letter. They disagreed that there was any potential for consumer confusion or

infringement and claimed that Defendant and Plaintiff's services were clearly different.

Defendant's Attorney attempted to get permission for the use of Defendant's Infringing

Trademark and attempted to intimidate Plaintiff with accusations of fraud on the

Trademark Office.

16. On April 30, 2010, Defendant's application for the Infringing Trademark

was refused by the United States Patent and Trademark Office because of a likelihood of

confusion with the mark in U.S. Registration No. 3560701. Trademark Act Section 2(d),

15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.

17. Undeterred, on June 15, 2009, Defendant filed for Cancellation of

Registrant's registered, legal, and maintained trademark.

6
 Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 7 of 29

18. On February 18, 2010, Defendant filed a motion for Summary Judgment.

19. On June 23, 2010, The United States Patent and Trademark Office denied

Defendant's motion for Summary Judgment.

FIRST CLAIM FOR RELIEF

(Trademark Infringement - 1 5 U.S.C. § 1114)

20. Plaintiff hereby realleges and incorporates by reference the preceding

allegations of this Complaint as if full set forth herein.

21. The PLAYDOM Trademark has been used to advertise and offer Plaintiff's

entertainment services since May 30, 2008 through www.PlaydomInc.com and more

recently through www.Play domEntertainment. com. A keyword search for "playdom" in

the major Internet search engines produced Plaintiff's website address,

www.PlaydomInc.com, in first position prior to Defendant's use of the Infringing

Trademark.

22. Without Plaintiff's authorization or consent, and presumed knowledge of

Plaintiff's federally registered trademark and website address mentioned therein, and the

fact that Defendant's Infringing Website, www.Playdom.com, is identical to the

PLAYDOM Trademark, Defendant has intentionally and knowingly advertised and

offered for sale and sold "virtual goods," services and software using the Infringing

Trademark in direct and indirect competition with Plaintiff's genuine offering of services,

in or affecting interstate commerce.

23. Defendant's use of the Infringing Trademark is likely to cause and is causing

confusion, mistake and deception among the general purchasing public and purchasing

business entities as to the connection between Plaintiff and Defendant and their services.

7
 Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 8 of 29

Since Plaintiff has received inquiries regarding Defendant's business practices, it is fair

to say that Plaintiff easily could have lost potential business due to consumer confusion.

24. Defendant's use of Infringing Trademark is likely to cause and is causing

confusion because Defendant has and continues to operate in the same channels of

business, selling services and or goods to companies including but not limited to NBC

Universal and Disney/ABC/ESPN.

25. As a result of Defendant's activities, Plaintiff has been damaged in an amount

to be ascertained at trial.

SECOND CLAIM FOR RELIEF

(False Designation of Origin; false description or representation - 15 U.S.C. § 1125(d))

28. Plaintiff hereby realleges and incorporates by reference the preceding

allegations of this Complaint as if full set forth herein.

29. Defendant, doing business as YouPlus, or an Agent of Defendant registered

the website www.Playdom.com on December 6, 2008 despite the fact that Plaintiff's

PLAYDOM Trademark was published for opposition on October 28, 2008 and clearly

states and provides proof in his application that said mark was first in use in commerce in

association with identical and confusingly similar services as Defendant on May 30,

2008.

30. Defendant, formerly known as YouPlus, actively offered Infringing Products

and Services via the website www.Playdom.com beginning on or around March 11, 2009,

despite Plaintiff's official and uncontested registration of his PLAYDOM mark on

January 13, 2009 (Registration No. 3560701).

31. As a result of Defendant's actions, Plaintiff has been damaged in an amount

8
 Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 9 of 29

to be ascertained at trial.

THIRD CLAIM FOR RELIEF

(Common Law Trademark Infringement)

32. Plaintiff hereby realleges and incorporates by reference the preceding

allegations of this Complaint as if full set forth herein.

33. Plaintiff has used the PLAYDOM mark within and beyond the borders of

California in the advertising and offering of entertainment services.

34. Defendant's acts constitute willful infringement of Plaintiff's exclusive rights

in the PLAYDOM Trademark, in violation of state common law.

35. Defendant knowingly infringed the Plaintiff's Trademark to cause confusion,

mistake, and deceive to the damage of the Plaintiff.

36. Defendant's Infringing Trademark has and continues to cause consumer

confusion with Plaintiff's legally registered PLAYDOM trademark (See EXHIBIT B).

Defendant's pending sale to Disney threatens to do irreparable harm to Plaintiff's

PLAYDOM mark and cause increased consumer confusion.

37. As a result of Defendant's actions, Plaintiff has been damaged in an amount

to be ascertained at trial.

9
 Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 10 of 29

PRAYER FOR RELIEF

WHEREFORE, David Couture respectfully requests entry of judgment in his

favor and against Defendant on all of the above causes of action as follows:

1. That this Court preliminarily and permanently enjoin Defendant, their officers,

agents, servants, employees, attorneys and all persons in active concert or participation

with any of them:

a. From using in any manner the PLAYDOM Trademark, or any other

designation that is confusingly similar to the PLAYDOM Mark.

b. From any form of defamation regarding the Plaintiff or the

PLAYDOM Mark.

c. From the destruction, deletion or concealment of financial records or

other documents associated with YouPlus or Playdom, Inc.

d. From transferring Playdom, Inc.'s assets, intellectual property, or cash

to any individual or business entity without approval from the Court.

e. From otherwise competing unfairly with Plaintiff in any manner; and

f. From conspiring with, aiding, assisting or abetting any other person or

business entity in engaging in or performing any of the activities

referred to above;

2. That this Court enter a judgment finding that Defendant has infringed, and

willfully infringed, the PLAYDOM Trademark.

3. That this Court enter a judgment finding that Defendant's use of the Infringing

Trademark has caused and or is likely to cause confusion among the general purchasing

public as to the source of origin of the Infringing Products and Services.

10
 Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 11 of 29

4. That this Court enter a judgment finding that Defendant's use of the Infringing

Trademark has caused and/or is likely to cause initial interest and post-sale confusion

among the general purchasing public as to the source of origin of the Infringing

Products/Services.

5. That this Court enter a judgment that the use or proposed use of the Suspended

Playdom Trademark Application (Trademark Application Serial No. 77666627) causes

confusion or is likely to cause confusion with the PLAYDOM Trademark.

6. That this Court order the withdrawal and abandonment of the Defendant's

Suspended Playdom Trademark Application;

7. That this Court certify the above orders to the Director of the United States

Patent and Trademark Office so the Director may make the appropriate entry upon the

records of the Patent and Trademark Office pursuant to the Lanham Act, 15 U.S.C. §

1119.

9. That this Court order the transfer of the domain name www.Playdom.com to

Plaintiff, the rightful owner of the PLAYDOM Trademark.

10. That this Court order Defendant to deliver up for destruction or show proof of

destruction of any and all products, advertisements, publications, labels and any other

materials in their possession, custody, or control that depict or reference the trademark(s)

covered by this Court's judgment;

11. That this Court order Defendant to file with this Court and to serve upon

Plaintiff a report in writing and under oath setting forth in detail the manner and form in

which Defendant has complied with any injunction resulting from this matter within

thirty days after service of such injunction.

11
Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 12 of 29
Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 13 of 29
 Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 14 of 29

12. That this Court award David Couture such damages,

compensatory and otherwise, as the proof may show.

13. That this Court award David Couture reasonable attorneys'

fees and costs incurred in connection with this action.

14. That this Court grant such other and further relief as may

be deemed just, proper and equitable under the circumstances.

Date: September 28, 2010 Respectfully submitted,

DAVID COUTURE
By his attorney,

Richarh^N^ Foley
55 Market Street, 2B
Portsmouth, NH 03801
Tel: (603) 433-1303
Bar No. 10520

CERTIFICATE OF SERVICE

I, Richard N. Foley, Esq., hereby certify that the within

MOTION was served on Attorney Derek Eletich by FAX 650.963.8094

Date: September 28, 2009

Richard_N."Foley
Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 15 of 29

EXHIBIT A
 Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 16 of 29
Latest Status Info

Thank you for your request. Here are the latest results from the TARR web server.

This page was generated by the TARR system on 2010-09-27 04:32:34 ET

Serial Number: 77487907 Assignment Informatipn Trademark Document Retrieval

Registration Number: 3560701

Mark

PLAYDOM
(words only): PLAYDOM

Standard Character claim: Yes

Current Status: A cancellation proceeding has been l'*ilccl at the Trademark Trial and Appeal Board and is
now pending.

Date of Status: 2009-06-17

Piling Date: 2008-05-30

Filed as TEAS Plus Application: Yes

Currently TEAS Plus Application: Yes

Transformed into a National Application: No

Registration Date: 2009-0 J -13

Register: Principal

Law Office Assigned: LAW OFFICE 103

If you are the applicant or applicant's attorney and have questions about this file, please contact the
Trademark Assistance Center at TrademaikAssi.stanccCentcr@uspto.yov

Current Location: 650 -Publication And Issue Section

mp:/A,vr.uspt(>.gov/seivlei/t»rr?tt<|Mr>=serlalaentry« 77487907
Pige J of 3
 Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 17 of 29
Latest Status Info

Date In Location: 2009-OJ -13

LAST APPLICANT(S)/OWNER(S) OF RECORD

I. David Couture

Address:
David Couture
9846 West Olympic Blvd.
Beverly Hills, CA 90212
United States
Legal Entity Type: Individual
Country of Citizenship: United States
Phone Number: 310-210-0222

GOODS AND/OR SERVICES

International Class: 041

Class Status: Active
Entenainment. and educational services, namely, providing advice and information for music, video and film
concept and script development; Entertainment services, namely, a multimedia program series featuring
comedy, action and adventure distributed via various platforms across multiple forms of transmission.
media; Motion picture film production; Production of television programs; Script writing services;
Scriptwriting services
Basis: 1(a)
First Use Date: 2008-05-30
First Use in Commerce Date: 2008-05-30

ADDITIONAL INFORMATION

(NOT AVAILABLE)

MADRID PROTOCOL INFORMATION

(NOT AVAILABLE)

PROSECUTION HISTORY

NOTE: To view any document referenced below, click on the link to "Trademark Document
Retrieval" shown near the top of this page.
2009-07-27 - Attorney Revoked And/Or Appointed
hHp://Mrr.u«pto.gov/servlc!/iarr?r«gs«r=serlal4cmry-77<f87907
Page 2 of ?
 Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 18 of 29
Utest Sl.itus Info

2009-07-27 - TEAS Revoke/Appoint Attorney Received

2009-06-17 - Cancelation Instituted No. 999999

2009-01-13 • Registered - Principal Register

2008-10-28 - Published for opposition

2008-10-08 - Notice of publication

2008-09-25 - Law Office Publication Review Completed

2008-09-25 - Assigned To LIE

2008-09-16 - Approved for Pub - Principal Register (Initial exam)

2008-09-1J - Assigned To Examiner

2008-06-04 - Notice Of Pseudo Mark Mailed

2008-06-03 - New Application Entered In Tram

ATTORNEY/CORRESPONDENT INFORMATION

Attorney of Record
Richard N. Foley

Correspondent
Richard N. Foley
55 Market Street Suite 2B
Portsmouth. NH 0380J

h«tp://tnrr.iispto.3ov/5crwlcl/t»rr)re<jser=iiBrl«l*BntfY=77487907
Papt 3 of 3
Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 19 of 29

EXHIBIT B
 Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 20 of 29
GmiUl - Mt View office space

•I
pQ ^ | 11 Playdom Inc <playdomlnc@gmail.com>

Mt View office space

1 message
Francois Cornll <fcornil@gvakm.com> Thu, Apr 30, 2009 at 1:47 PM
To: playdomlnc@gmail.com
Hello: should Playdom have any office space needs in the near future, please don't hesitate to contact me directly
at 408.588.2303

Best,

Francois CorniI || Associate

GVA Kidder Mathews

3945 Freedom Circle, Suite 900

Santa Clara, CA 95054

T 408.970,9400 Ext 303 M 650.619.5036

F 408.970.0648
www.avakm.com

JjJTTJfeesa wvwicfer Urn owimnmint befors printing fft'.f onml!

hHp S ://mAH. 9 oo ! ,| e .com/ W ,l|/? W |=2« ()< =« 68 o d 4Z4I64vlc W -p t 4 $ c a rch-.nbo,&,h-,l 2 OfBcB07d823eb3

Page 1 of j
 Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 21 of 29
Gmall - Chtailng being allowed on Mobsters!

Playdon ic <plai c'o»n»nc@gmail.com>

i^i'.m^jjf

Cheating being allowed on Mobsters!

Reed Nescher <Reed@nescher.com> "Ion, M. tt, -19 at 3:21 PIV
To: Playdomlnc@gmail.com
I have contacted support for over a week; I have documentation that your compa.iy cu ^donei- cheating
by high paying players by the use of BOTSII have the docurr * *=»tion and am startin^ '...•.• SL'it %. -«..
if my concerns over cheating are not addressed! You have a ret *•' to keep the game fair for all
players and have been very lacks in this matter. I have documents. atlng by one player who is not
hard to find or figure out he Is cheating. Because he is paying high rate* i^r his many (50 PLUS) accounts
your company seems reluctant to step in and ban him as a cheatl Therefore you' company is condoning
his cheating. I have requested refunds from PayPal and feel my time has been s sn by the player and
more to the point your companyl The game can and Is expensive for higher lev (layers, but the
responsibility to keep it honest is paramount for your company and support in neral. If you can't figure
out how to stop BOTS and there owners then close the game or allow all to use hem I Read the forums
where the rumors have it your selling them in order to cheatl Board moderators should step on this unless
it is true? Anytime money is involved room for error and cheating goes up. So should your responsibility.
Here In California we have consumer protection laws about defective products, which this is if cheats are
allowed, and I will pursue these laws if I need to. I am playing as of today to document more cheating as
the Cheater BOT is on me now. How do I know? Well two of his accounts are able to health up and attack
me within one second 4 timesl Not humanly possible since human reaction time Is at very best 1/4 second.
Add the fact it is coming from 2 to 3 separate accounts and it doesn't take Einstein to figure it outl it is so
bad I can not log on to the fight list without attacks from the cheaters bote within seconds even though
they were not on the fight list? If I am being tabbed then one would have to have three hands, three
mousses, and three monitors! No he has a BOT and told me so and where he got itl So you decide if I and
others, all the others attacked by the cheat who is a "Made Man" have a clam? The rules published by your
game state no BOTS! So which is it? I have had enough and will see to it this #### hits the fan and ad least
people should knowl

Reed Nescher
Playing as Real Papa Bear
951-849-9112

h
«'» : ''™«-^ta.eom/n M H/^l-2*», M . M 4241B^ W -pW,a«h- l »bo»ftm. BB lJ,3l £9 i04« W 5 b ,4
Page 1 o f )
 Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 22 of 29

Prom: ALICIA HAWKINS <billinge?net9torm.net>

SuOjod: Playdom Entertainment inquiry (ALICIA HAWKINS)
Dole: June 7, 2010 2:08:30 PMPDT
To: plftydom®mac.com
Reply-To: ALICIA HAWKINS <blllin9@net9torm.net>

Name: ALICIA HAWKINS

Company NETST0RM INTERNET SERVICES

Phone: 6685006277

Email Address: billing®nel9torm,net

Message- PLEASE CONTACT US ASAP IN REF. TO SOME CHARGES ON OUR ACCOUNT TO YOUR COMPANY. PLEASE CONTACT ME B
EMAIL WITH A COMPANY PHONE ».

THANK YOU

DflteflTima' 2010-06-07 14:08:30 PDT

Sender IP; 12.109.220.59 [United States) I drnk^eedvphtpei/lx
Relerrer;
 Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 23 of 29

From: brenda dark <blgdavel @bollsouth.nai>

Siiblcct: Playdom Entenainment Inquiry (brende dark)
Dale: September t, 2010 5:07:07 PM POT
To: piaydom(3>mac com
Reply-To: brenda dark <bigdava1 ® bellsouth net>

Name: brenda dark

Company:

Phone- 901 5175566

Email Address, blgdavel Obelleoulh.nel

Message, i need to know whate kind Ol company this is i have a total on my debit card please call me

Datemme: 2010-09-01 17-07.07 PDT

Sender IP: 74.226.04.74 [United States] I dmMeedvphtpevi*
Relerrer:
Cmail - Mt Vieyv office space Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 24 of 29 9/27/10 2:07 AM

Playdom Inc <playdominc@gmail.com>

Mt View office space

1 message

Francois Cornil <fcornil@gvakm.com> Thu, Apr 30, 2009 at 1:47 PM

To: playdominc@gmail.com
Hello: should Playdom have any office space needs in the near future, please don't hesitate to contact me directly
at 408.588.2303

Best,

Francois Cornil 11 Associate

GVA Kidder Mathews

3945 Freedom Circle, Suite 900

Santa Clara, CA 95054

T 408.970.9400 Ext 303 M 650.619.5036

F 408.970.0648

www.Qvakm.com

c^Wease consider the environment before printing this email.

https://mail.google.com/mail/?ui=2&ik=86a0d42416&view=pt&search=inbox&th = 120f8c807d823eb3 Page 1 of 1

Cmail - Cheating being allowed onCase
Mobsters!
1:10-cv-00440 Document 1 Filed 09/28/10 Page 25 of 29 4/24/10 9:51 AM

G bfiJOOStk
» Playdom Inc <playdominc@gmail.com>

Cheating being allowed on Mobsters!

Reed Nescher <Reed@nescher.com> Mon, May 11, 2009 at 3:21 PM
To: Playdomlnc@gmail.com
I have contacted support for over a week; I have documentation that your company condones cheating
by high paying players by the use of BOTS! I have the documentation and am starting a law suit this week
if my concerns over cheating are not addressed! You have a responsibility to keep the game fair for all
players and have been very lacks in this matter. I have documented the cheating by one player who is not
hard to find or figure out he is cheating. Because he is paying high rates for his many (50 PLUS) accounts
your company seems reluctant to step in and ban him as a cheat! Therefore your company is condoning
his cheating. I have requested refunds from PayPal and feel my time has been stolen by the player and
more to the point your company! The game can and is expensive for higher level players, but the
responsibility to keep it honest is paramount for your company and support in general. If you can't figure
out how to stop BOTS and there owners then close the game or allow all to use them! Read the forums
where the rumors have it your selling them in order to cheat! Board moderators should step on this unless
it is true? Anytime money is involved room for error and cheating goes up. So should your responsibility.
Here in California we have consumer protection laws about defective products, which this is if cheats are
allowed, and I will pursue these laws if I need to. I am playing as of today to document more cheating as
the Cheater BOT is on me now. How do I know? Well two of his accounts are able to health up and attack
me within one second 4 times! Not humanly possible since human reaction time is at very best 1/4 second.
Add the fact it is coming from 2 to 3 separate accounts and it doesn't take Einstein to figure it out! It is so
bad I can not log on to the fight list without attacks from the cheaters bots within seconds even though
they were not on the fight list? If I am being tabbed then one would have to have three hands, three
mousses, and three monitors! No he has a BOT and told me so and where he got it! So you decide if I and
others, all the others attacked by the cheat who is a "Made Man" have a clam? The rules published by your
game state no BOTS! So which is it? I have had enough and will see to it this #### hits the fan and ad least
people should know!

Reed Nescher
Playing as Real Papa Bear
951-849-9112

https://mail.google.com/mail/?ui=2&ik=86a0d42416&view=pt&search=inbox&msg=12131c3f04dd5b54 Page 1 of 1
 Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 26 of 29

From: ALICIA HAWKINS <billing@netstorm.net>

Subject: Playdom Entertainment Inquiry (ALICIA HAWKINS)
Date: June 7, 2010 2:08:30 PM PDT
To; playdom@mac.com
Reply-To: ALICIA HAWKINS <billing@netstorm.net>

Name: ALICIA HAWKINS

Company: NETSTORM INTERNET SERVICES

Phone: 8885006277

Email Address: billing@netstorm.net

Message: PLEASE CONTACT US ASAP IN REF. TO SOME CHARGES ON OUR ACCOUNT TO YOUR COMPANY. PLEASE CONTACT ME BY
EMAIL WITH A COMPANY PHONE #.

THANK YOU

Date/Time: 2010-06-07 14:08:30 PDT

Sender IP: 12.109.220.59 [United States] I dmk46edvphtpev1x
 Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 27 of 29

From: brenda dark <bigdave1 @bellsouth.net>

Subject: Playdom Entertainment Inquiry (brenda dark)
Date: September 1, 2010 5:07:07 PM PDT
To: playdom@mac.com
Reply-To: brenda dark <bigdave1 @bellsouth.net>

Name: brenda dark

Company:

Phone: 901 5175566

Email Address: bigdavel @bellsouth.net

Message: i need to know whate kind of company this is i have a total on my debit card please call me

Date/Time: 2010-09-01 17:07:07 PDT

Sender IP: 74.226.64.74 [United States] I dmk46edvphtpev1 x
 Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 28 of 29

TN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE ^13

DAVID COUTURE )

Plaintiff )

v. )

PLAYDOM, INC. )
a Delaware corporation )

Defendant )

PLAINTIFF'S AFFIDAVIT

Playdom, Inc/s sale to Disney would cause irreparable barm to my PLAYDOM

mark because Disney and their subsidiaries purchase and sell entertainment services and

goods including but not limited to production and writing services to the same potential

customers, both businesses and individuals, as myself.

Multiple media outlets including but not limited to the New York Times reported

on at the end of July 2010 that Disney agreed to buy Playdom, Inc. for "a deal worth as

much as $763.2 million." The Deal is expected to close prior to Disney's 2010 fiscal

fourth quarter According to the Federal Trade Commission, Defendant was granted

early termination of the merger's waiting period on August 20,2010.

My scripts and services that are currently in consideration at ABC, 20tl, Century

Fox, and FX could be adversely affected by any association, real or implied, with Disney,

Defendant's use of my PLAYDOM trademark is likely to cause and is causing

confusion because Defendant has and continues to operate in the same channels of

1
 Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 29 of 29

business, selling services and or goods to companies including but not limited to NBC

Universal and Disney/ABC/ESPN.

In addition, Defendant advertises and olters and/or sells interactive

applications/software for Disney/ABC/ESPN's famous program "The World Series of

Poker" on their website, www.Playdom.com, increasing the likelihood of causing

consumer confusion.

Media outlets and online forums are reporting on the Defendant's pending sale to

Disney, which has already increased consumer confusion and the chance for consumer

confusion due to the fact that Disney and its subsidiaries offer identical services within

the same channels of business as myself, Every day (bat passes only reinforces the

connection between my PLAYDOM mark and Disney's goods and services.

Defendant announced that it is developing interactive Disney-thcmed games. Use

of Disney's iconic characters would do irreparable harm to my PLAYDOM mark within

the Entertainment Industry and every customer who visits my website

"www.PlaydomEntertainment.com".

I declare under penalty of perjury, that T have read the above complaint and 1

know jt is true of my own knowledge, except as lo those things staled upon information

and belief, and as to those 1 believe it to be true.

Executed September 22, 2010.

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