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0 | Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 1 of 74
1 Julie E. Schwartz, Bar No. 260624
JSchwartz@perkinscoie.com
2 PERKINS COIE LLP
3 3150 Porter Drive
Palo Alto, CA 94304-1212
4 Telephone: 650.838.4300
Facsimile: 650.838.4350
5
Todd M. Hinnen (admitted pro hac vice)
6 THinnen@perkinscoie.com
7 Ryan Spear (admitted pro hac vice)
RSpear@perkinscoie.com
8 PERKINS COIE LLP
1201 Third Ave., Suite 4900
9 Seattle, WA 98101-3099
Telephone: 206.359.8000
10
Facsimile: 206.359.9000
11
Attorneys for Plaintiff Niantic, Inc.
12
UNITED STATES DISTRICT COURT
13
NORTHERN DISTRICT OF CALIFORNIA
14
15 OAKLAND DIVISION
16
NIANTIC, INC., a Delaware corporation, Case No. 19-cv-03425-JST
17
Plaintiff, DECLARATION OF RYAN SPEAR
18 IN SUPPORT OF NIANTIC, INC.’S REPLY
v.
IN SUPPORT OF ITS COMBINED
19 MOTION TO DISMISS
GLOBAL++, an unincorporated
20 association; RYAN HUNT, a.k.a. COUNTERCLAIMS FOR FAILURE TO
“ELLIOTROBOT,” an individual; STATE A CLAIM, MOTION TO STRIKE
21 ALEN HUNDUR, a.k.a. “IOS N00B,” COUNTERCLAIMS UNDER
an individual; and DOES 1-20, CALIFORNIA CODE OF CIVIL
22 PROCEDURE § 425.16, AND MOTION TO
Defendants. STRIKE DEFENDANTS’ AFFIRMATIVE
23
DEFENSES
24
25
26
27
28
SPEAR DECLARATION
Case No. 19-cv-03425-JST
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 2 of 74
1 DECLARATION OF RYAN SPEAR
2 I, Ryan Spear, declare as follows:
3 1. I am an attorney licensed to practice in the State of Washington and have been
4 admitted to practice pro hac vice before this Court. See Dkt. 14. I am a partner at the law firm
5 Perkins Coie LLP and am counsel of record for Plaintiff Niantic, Inc. (“Niantic”) in this matter.
6 2. I make this declaration in support of Niantic’s Reply In Support of Its Combined
7 Motion to Dismiss Counterclaims for Failure to State a Claim, Motion to Strike Counterclaims
8 under California Code of Civil Procedure § 425.16, and Motion to Strike Defendants’ Affirmative
9 Defenses. I have personal knowledge of the facts stated in this declaration and, if called as a
10 witness, could and would testify competently to those facts.
11 3. Defendants Ryan Hunt and Alen Hundur (collectively, “defendants”) assert
12 counterclaims against Niantic based on the cease-and-desist letter that Niantic sent to defendants
13 on June 7, 2019. See Defendants Ryan Hunt’s and Alen Hundur’s Answer to Plaintiff Niantic,
14 Inc.’s Complaint for Damages and Injunctive Relief and Counterclaims (Dkt. 64) at 12 ¶¶ 33-38;
15 see also id. at 14-15 ¶¶ 52, 57, 59. A true and correct copy of Niantic’s cease-and-desist letter is
16 attached as Exhibit A.
17 4. Defendants also assert counterclaims against Niantic based on the allegation that
18 Niantic “contacted GoDaddy, the web hosting company that hosted [defendants’]
19 globalplusplus.com home page, to demand that GoDaddy disable the website, which allowed
20 Defendants to operate.” Id. at 12-13 ¶ 39; see also id. at 14-15 ¶¶ 52, 57, 59.
21 5. Niantic did not demand that GoDaddy disable defendants’ website. Rather, Niantic
22 contacted Domains By Proxy (a service owned by GoDaddy and used by defendants to obscure
23 their identities) and asked Domains By Proxy to disclose contact information for registrants of
24 certain domain names associated with defendants’ misconduct, including the domain name
25 globalplusplus.com. Niantic communicated with Domains By Proxy via email and via Domains
26 By Proxy’s online submission portal.
27 6. The communications that Niantic sent to Domains By Proxy related to this case are
28 attached as Exhibit B. (Extraneous copies of Niantic’s Complaint and screenshots from
-1-
SPEAR DECLARATION
Case No. 19-cv-03425-JST
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 3 of 74
1 defendants’ website, which were attached to many of these communications, have been omitted
2 for the sake of brevity.)
3 7. As shown in Exhibit B, Niantic’s first communication with Domains By Proxy
4 occurred on June 24, 2019—ten days after Niantic initiated this lawsuit. See Dkt. 1.
5 8. I am informed and believe that defendants’ website at www.globalplusplus.com
6 had already ceased operating at the time that Niantic first communicated with Domains By Proxy.
7
8 I declare under penalty of perjury that the foregoing is true and correct.
9
10 Executed on December 30, 2019 at Seattle, WA.
11
/s/ Ryan Spear
12 Ryan Spear
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
SPEAR DECLARATION
Case No. 19-cv-03425-JST
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 4 of 74
(;+,%,7$
Case 3:19-cv-03425-JSC
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13
June 7, 2019 Todd M. Hinnen
THinnen@perkinscoie.com
D. +1.206.359.3384
F. +1.206.359.4384
VIA EMAIL
Global++ (https://globalplusplus.com)
Ryan Hunt
elliotrobot20@gmail.com
Alen Hundur
a.hundur@outlook.com
Re: Cease and Desist Unlawful Conduct Targeting Niantic, Inc.
Dear Mr. Hunt, Mr. Hundur, and others acting for and on behalf of Global++:
We represent Niantic, Inc. We write to demand that you stop your unauthorized and illegal
activity targeting Niantic and Niantic’s games.
A. Niantic and Niantic’s Games
As you know, Niantic designs, develops, and publishes location-based augmented reality games,
including Pokémon GO and Ingress. Niantic is also the publisher of Harry Potter: Wizards Unite,
a highly anticipated new game that has launched in limited locales. Niantic’s games are based on
three core principles: exploration and discovery of new places, exercise, and real-world social
interaction with other people. Through these principles, and by leveraging mobile devices and
sophisticated mapping technologies, Niantic’s games enable magical experiences that make the
world even more enticing and enchanting.
Niantic takes its core principles very seriously, and it does not tolerate conduct that threatens the
integrity of its games or impairs the gaming experience of its users. Nor does Niantic tolerate
conduct that infringes its intellectual property rights.
B. Global++’s Unlawful Activity
Our investigation indicates that Global++ traffics in unauthorized derivative versions of the
mobile apps for Niantic’s games, which Global++ calls “tweaks.” Specifically, it appears that
Global++ circumvents the technical security measures protecting the code in Niantic’s mobile
apps; copies and modifies the code without Niantic’s permission; then profits from derivative
versions of Niantic’s apps marketed under the names “Potter++,” “PokeGo++,” and “Ingress++.”
See Figure 1. For purposes of this letter, we refer to these unauthorized derivative versions of
Niantic’s apps as the “infringing programs.”
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Global++
June 7, 2019
Page 2
Figure 1 1
As we understand it, the principal purpose of the infringing programs is to allow users to cheat
within Niantic’s games, including by “spoofing” (i.e., faking) their locations—functionality that
directly undermines Niantic’s core principles, interferes with legitimate users’ enjoyment of
Niantic’s games, and violates Niantic’s Terms of Service. Our investigation indicates that
Global++ has reaped substantial profits from its infringing programs.
Niantic appreciates your enthusiasm for its games. However, your activities violate civil and
criminal law, and your conduct harms Niantic and Niantic’s users. We therefore demand
that you immediately cease developing, offering, and distributing the infringing programs and
stop engaging in any other activity that violates Niantic’s rights.
First, your activities violate Niantic’s Terms of Service. Under the Terms of Service, users may
not, among other things, “copy, modify, or create derivative works based on” Niantic’s games;
“use the Services or Content . . . for any commercial purpose”; or cheat, which includes “[u]sing
any techniques to alter or falsify a device’s location (for example through GPS spoofing).”
Niantic, Terms of Service §§ 3, 4, 6, www.nianticlabs.com/terms/ (last visited May 29, 2019).
Your misconduct, as described above, violates all those terms and conditions and likely others as
well.
1
Source: Global++, https://globalplusplus.com (last visited May 29, 2019).
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Global++
June 7, 2019
Page 3
In addition, it appears that your infringing programs scrape valuable and proprietary information
relating to points of interest in Niantic’s games (point-of-interest data, or “POI data”), then
transfer that data to your servers for aggregation and further commercial exploitation. That, too,
violates Niantic’s Terms of Service. See id. § 6 (prohibiting “extract[ing], scrap[ing], or
index[ing]” Niantic’s services or content).
Second, by copying, modifying, and distributing infringing versions of Niantic’s code without
Niantic’s permission, you have violated Niantic’s exclusive rights under the federal Copyright
Act. See 17 U.S.C. §§ 102, 106. That misconduct exposes you to serious penalties, including
money damages, injunctive relief, and attorneys’ fees and costs. See id. §§ 501, 505. The
Copyright Act also permits Niantic to seek an order impounding your infringing programs and
all articles by means of which your infringing programs may be reproduced. See id. § 503.
Third, by soliciting and encouraging Niantic’s customers (and others) to use your infringing
programs, you have unlawfully induced third parties to infringe Niantic’s intellectual property
rights; interfered with Niantic’s business relationships; and engaged in conduct that is unlawful,
unfair, and fraudulent. See Cal. Bus. & Prof. Code § 17200.
To be clear, the foregoing is not an exhaustive list of the violations that we have identified and
that we expect to identify in the future. Our legal and factual investigation is ongoing.
C. Niantic’s Demands
Niantic would prefer to resolve this dispute amicably. To avoid further escalation, however, you
and your agents, employees, affiliates, or anyone acting on your behalf (“You” or
“Your”) must immediately:
1. Cease developing, offering, and distributing unauthorized derivative versions of Niantic’s
mobile apps, including but not limited to all versions of Potter++, PokeGo++, and
Ingress++, and all similar programs;
2. Deactivate and render unusable all copies of Your infringing programs;
3. Inform all users of Your infringing programs that Your infringing programs are
unauthorized and in violation of Niantic’s Terms of Service;
4. Deactivate and make inaccessible all online channels and other channels through which
You advertise, market, distribute, and sell access to Your infringing programs, including
but not limited to the website at https://globalplusplus.com/, and any other websites or
accounts (including but not limited to accounts maintained through Patreon, Stripe,
Discord, Facebook, Twitter, and YouTube) within Your custody or control;
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Global++
June 7, 2019
Page 4
5. Provide complete and unaltered copies of any software code or tools used to develop or
distribute Your infringing programs;
6. Provide complete and unaltered copies of the code for all versions of Your infringing
programs, then permanently delete all such code;
7. Provide complete and unaltered copies of any Niantic data within Your custody or
control, including but not limited to POI data, then permanently delete any such data;
8. Cease developing, offering, and distributing any other products, services, or content in
violation of Niantic’s rights;
9. Provide a list of websites and domain names that You own, maintain, or control,
including but not limited to websites and domain names that obtain, display, solicit, or
distribute Niantic data and Niantic intellectual property; and
10. Disgorge all profits from Your unlawful conduct.
Furthermore, for the reasons explained above, Niantic hereby revokes Your limited license
to access Niantic’s games, apps, websites, servers, services, and platforms. This means that
You may not access or use Niantic’s games, apps, websites, servers, services, or platforms in any
manner and for any reason. Niantic will treat any further activity by You on Niantic’s games,
apps, websites, servers, services, or platforms as intentional and unauthorized access to its
protected computers in violation of the federal Computer Fraud and Abuse Act, 18 U.S.C. §
1030, and similar state laws.
Please confirm in writing, no later than June 13, 2019, that You have complied with our
demands. My contact information appears at the top of this letter. If You ignore this letter and
continue in Your current unauthorized and improper conduct, Niantic will take measures it
believes are necessary to enforce its rights, maintain the quality of its services, and protect its
users.
This letter is not intended by Niantic as a waiver or relinquishment of any of Niantic’s rights or
remedies. Niantic specifically reserves all such rights and remedies, whether at law or in equity.
Sincerely,
Todd M. Hinnen
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 9 of 74
(;+,%,7%
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 10 of 74
From: Earl, Erin K. (SEA)
To: abuse@domainsbyproxy.com; generalmanager@domainsbyproxy.com
Subject: Registrant information for globalplusplus.com
Date: Monday, June 24, 2019 5:30:15 PM
Attachments: 2019-06-24 Letter from E. Earl to DBP re - globalplusplus.com.PDF
Dear Domains by Proxy:
Please see the attached correspondence.
Regards,
Erin Earl | Perkins Coie LLP
1201 Third Avenue
Suite 4900
Seattle, WA 98101
PHONE: +1.206.359.8510
FAX: +1.206.359.9510
EEarl@perkinscoie.com
NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the
sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
1
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 11 of 74
June 24, 2019
VIA EMAIL
Domains By Proxy, LLC
abuse@domainsbyproxy.com
generalmanager@domainsbyproxy.com
Re: Registrant information for globalplusplus.com
Dear Domains By Proxy, LLC:
We represent Niantic, Inc. (“Niantic”) and write to request that you provide full contact
information for the registrant of the domain name globalplusplus.com. The owner(s) of that
domain name have used the www.globalplusplus.com website to advertise, distribute, and profit
from computer programs titled Potter++, PokeGo++, and Ingress++ (the “Illegal Programs”).
The Illegal Programs are “hacked” versions of the mobile applications for Niantic’s famous
augmented reality games, Harry Potter: Wizards Unite, Pokémon Go, and Ingress. The purpose
of the Illegal Programs is to enable users to cheat within Niantic’s games.
The Illegal Programs violate Niantic’s rights for at least the following reasons:
1. The Illegal Programs contain copies of Niantic’s copyrighted computer code and
constitute unauthorized derivative versions of Niantic’s copyrighted computer code.
Thus, the creation and distribution of the Illegal Programs violates Niantic’s exclusive
rights under the federal Copyright Act, 17 U.S.C. § 101, et seq., and analogous state laws.
2. The Illegal Programs can be used to access Niantic’s protected computers without
authorization and obtain information, thereby violating the federal Computer Fraud and
Abuse Act, 18 U.S.C. § 1030, and analogous state laws.
3. The Illegal Programs violate Niantic’s Terms of Service which prohibit, among other
things, copying, modifying, or creating derivative works based on Niantic’s games; using
Niantic’s services or content for commercial purposes; and cheating in Niantic’s games.
In addition, the globalplusplus.com domain name violates your customer agreement, which
allows Domains by Proxy to take any action it deems necessary “[i]f it comes to DBP’s attention
that [the registrant] is using DBP’s services in a manner . . . that . . . [i]nfringes on the intellectual
property rights of another User or any other person or entity” and requires registrants to certify
that they “have no knowledge of [their] domain name infringing upon or conflicting with the
2
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 12 of 74
legal rights of a third party.” Domain Name Proxy Agreement §§ 3-4,
https://www.domainsbyproxy.com/policy/ShowDoc.aspx?pageid=domain_nameproxy.
Niantic has filed a lawsuit regarding the Illegal Programs. A copy of the complaint is attached.
Although the www.globalplusplus.com website currently is not operational, we have attached
screenshots taken a short time ago establishing its distribution of unauthorized derivative
versions of Niantic’s copyrighted mobile apps.
For all these reasons, we respectfully request that you provide full contact information for the
registrant of the domain name globalplusplus.com.
Sincerely,
Erin K. Earl
3
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 13 of 74
From: Earl, Erin K. (SEA)
To: abuse@domainsbyproxy.com; generalmanager@domainsbyproxy.com
Subject: Registrant information for apphaven.org
Date: Monday, June 24, 2019 5:35:56 PM
Attachments: 2019-06-24 Letter from E. Earl to DBP re - apphaven.org.PDF
Dear Domains by Proxy:
Please see the attached correspondence.
Regards,
Erin Earl | Perkins Coie LLP
1201 Third Avenue
Suite 4900
Seattle, WA 98101
PHONE: +1.206.359.8510
FAX: +1.206.359.9510
EEarl@perkinscoie.com
NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the
sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
4
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 14 of 74
June 24, 2019
VIA EMAIL
Domains By Proxy, LLC
abuse@domainsbyproxy.com
generalmanager@domainsbyproxy.com
Re: Registrant information for apphaven.org
Dear Domains By Proxy, LLC:
We represent Niantic, Inc. (“Niantic”) and write to request that you provide full contact
information for the registrant of the domain name apphaven.org. The owner(s) of that domain
name have used the apphaven.org website to advertise, distribute, and profit from computer
programs titled Potter++, PokeGo++, and Ingress++ (the “Illegal Programs”). The Illegal
Programs are “hacked” versions of the mobile applications for Niantic’s famous augmented
reality games, Harry Potter: Wizards Unite, Pokémon Go, and Ingress. The purpose of the
Illegal Programs is to enable users to cheat within Niantic’s games.
The Illegal Programs violate Niantic’s rights for at least the following reasons:
1. The Illegal Programs contain copies of Niantic’s copyrighted computer code and
constitute unauthorized derivative versions of Niantic’s copyrighted computer code.
Thus, the creation and distribution of the Illegal Programs violates Niantic’s exclusive
rights under the federal Copyright Act, 17 U.S.C. § 101, et seq., and analogous state laws.
2. The Illegal Programs can be used to access Niantic’s protected computers without
authorization and obtain information, thereby violating the federal Computer Fraud and
Abuse Act, 18 U.S.C. § 1030, and analogous state laws.
3. The Illegal Programs violate Niantic’s Terms of Service which prohibit, among other
things, copying, modifying, or creating derivative works based on Niantic’s games; using
Niantic’s services or content for commercial purposes; and cheating in Niantic’s games.
In addition, the apphaven.org domain name violates your customer agreement, which allows
Domains by Proxy to take any action it deems necessary “[i]f it comes to DBP’s attention that
5
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 15 of 74
[the registrant] is using DBP’s services in a manner . . . that . . . [i]nfringes on the intellectual
property rights of another User or any other person or entity” and requires registrants to certify
that they “have no knowledge of [their] domain name infringing upon or conflicting with the
legal rights of a third party.” Domain Name Proxy Agreement §§ 3-4,
https://www.domainsbyproxy.com/policy/ShowDoc.aspx?pageid=domain_nameproxy.
Niantic has filed a lawsuit regarding the Illegal Programs. A copy of the complaint is attached.
For all these reasons, we respectfully request that you provide full contact information for the
registrant of the domain name apphaven.org.
Sincerely,
Erin K. Earl
6
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 16 of 74
From: Domains By Proxy
To: Earl, Erin K. (SEA)
Subject: Update [Incident ID: 39287250] - GlobalPlusPlus.com :: 692938
Date: Tuesday, June 25, 2019 9:33:09 AM
PRIVATE REGISTRATIONS®
Discussion Notes
Support Staff Response
Dear Erin Earl,
We reviewed the link you provided and were unable to verify the
copyrighted content is present on the URL. As a result, we are unable to
assist you via our Copyright Claims Process.
If you seek the identity of the domain owner, please review our
subpoena policies here:
https://www.domainsbyproxy.com/policy/Subpoena.aspx
Kind regards,
Hap
Office of the General Manager
Domains By Proxy, LLC
Customer Inquiry
DBP Claim Request Requestor First Name: Erin Requestor Last Name:
Earl Requestor Firm: Perkins Coie LLP Requestor Company: Niantic,
Inc. Requestor Email: EEarl@perkinscoie.com Requestor Phone: (206)
359-8510 Requestor Language: Complaint Nature: Website content
infringes a copyright Federal trademark registration number: TX 8-729-
533, PA 2-179-944, PA 2-180-185 Jurisdictions or geographical area:
Good faith certification: I, Erin Earl, certify in good faith, under penalty of
perjury, that I am an authorized representative of the copyright holder
(namely, Niantic, Inc.), that the use of the copyrighted content (namely,
Niantic’s computer code for its mobile applications) infringes the rights of
the copyright holder, and that the use of the copyrighted content claimed
to be infringing is not defensible. Infringing URL:
www.globalplusplus.com Copyrighted URL:
https://apps.apple.com/us/app/harry-potter-wizards-unite/id1452352832
7
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 17 of 74
; https://apps.apple.com/us/app/pok%C3%A9mon-go/id1094591345 ;
https://apps.apple.com/us/app/ingress-prime/id576505181 Domains:
GlobalPlusPlus.com Additional Information: We represent Niantic, Inc.
(“Niantic”) and write to request that you provide full contact information
for the registrant of the domain name globalplusplus.com. The owner(s)
of that domain name have used the www.globalplusplus.com website to
advertise, distribute, and profit from computer programs titled Potter++,
PokeGo++, and Ingress++ (the “Illegal Programs”). The Illegal Programs
are “hacked” versions of the mobile applications for Niantic’s famous
augmented reality games, Harry Potter: Wizards Unite, Pokémon Go,
and Ingress. The purpose of the Illegal Programs is to enable users to
cheat within Niantic’s games. The Illegal Programs violate Niantic’s
rights for at least the following reasons: First, the Illegal Programs
contain copies of Niantic’s copyrighted computer code and constitute
unauthorized derivative versions of Niantic’s copyrighted computer
code. Thus, the creation and distribution of the Illegal Programs violates
Niantic’s exclusive rights under the federal Copyright Act, 17 U.S.C. §
101, et seq., and analogous state laws. Second, the Illegal Programs
can be used to access Niantic’s protected computers without
authorization and obtain information, thereby violating the federal
Computer Fraud and Abuse Act, 18 U.S.C. § 1030, and analogous state
laws. Third, the Illegal Programs violate Niantic’s Terms of Service
which prohibit, among other things, copying, modifying, or creating
derivative works based on Niantic’s games; using Niantic’s services or
content for commercial purposes; and cheating in Niantic’s games.
Niantic has filed a lawsuit regarding the Illegal Programs. A copy of the
complaint is attached. Although the www.globalplusplus.com website
currently is not operational, we are submitting screenshots taken a short
time ago establishing its distribution of unauthorized derivative versions
of Niantic’s copyrighted mobile apps.
Office of the General Manager,
Domains By Proxy, LLC
Copyright © 1999-2019 Domains By Proxy, LLC.
All rights reserved.
U.S. Pat No. 7,130,878
2666143392
8
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 18 of 74
From: Domains By Proxy
To: Earl, Erin K. (SEA)
Subject: Update [Incident ID: 39287273] - apphaven.org :: 692939
Date: Tuesday, June 25, 2019 9:47:57 AM
PRIVATE REGISTRATIONS®
Discussion Notes
Support Staff Response
Dear Erin Earl,
We reviewed the complaint on APPHAVEN.ORG and in order to
proceed with our investigation we require the following:
1. A screen shot of the infringing content including the URL so we can
verify infringing content
*Please note that the screenshots you provided don't include the URL
If you do not provide this information, we will consider this matter closed.
Regards,
Hap
Office of the General Manager
Domains By Proxy, LLC
Customer Inquiry
DBP Claim Request Requestor First Name: Erin Requestor Last Name:
Earl Requestor Firm: Perkins Coie LLP Requestor Company: Niantic,
Inc. Requestor Email: EEarl@perkinscoie.com Requestor Phone: (206)
359-8510 Requestor Language: Complaint Nature: Website content
infringes a copyright Federal trademark registration number: TX 8-729-
533, PA 2-179-944, PA 2-180-185 Jurisdictions or geographical area:
Good faith certification: I, Erin Earl, certify in good faith, under penalty of
perjury, that I am an authorized representative of the copyright holder
(namely, Niantic, Inc.), that the use of the copyrighted content (namely,
Niantic’s computer code for its mobile applications) infringes the rights of
the copyright holder, and that the use of the copyrighted content claimed
to be infringing is not defensible. Infringing URL:
https://apphaven.org/default Copyrighted URL:
9
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 19 of 74
https://apps.apple.com/us/app/pok%C3%A9mon-go/id1094591345 ;
https://apps.apple.com/us/app/ingress-prime/id576505181 ; and
https://apps.apple.com/us/app/harry-potter-wizards-unite/id1452352832
Domains: apphaven.org Additional Information: We represent Niantic,
Inc. (“Niantic”) and write to request that you provide full contact
information for the registrant of the domain name apphaven.org. The
owner(s) of that domain name have used the apphaven.org website to
advertise, distribute, and profit from computer programs titled Potter++,
PokeGo++, and Ingress++ (the “Illegal Programs”). The Illegal Programs
are “hacked” versions of the mobile applications for Niantic’s famous
augmented reality games, Harry Potter: Wizards Unite, Pokémon Go,
and Ingress. The purpose of the Illegal Programs is to enable users to
cheat within Niantic’s games. The Illegal Programs violate Niantic’s
rights for at least the following reasons: First, the Illegal Programs
contain copies of Niantic’s copyrighted computer code and constitute
unauthorized derivative versions of Niantic’s copyrighted computer
code. Thus, the creation and distribution of the Illegal Programs violates
Niantic’s exclusive rights under the federal Copyright Act, 17 U.S.C. §
101, et seq., and analogous state laws. Second, the Illegal Programs
can be used to access Niantic’s protected computers without
authorization and obtain information, thereby violating the federal
Computer Fraud and Abuse Act, 18 U.S.C. § 1030, and analogous state
laws. Third, the Illegal Programs violate Niantic’s Terms of Service
which prohibit, among other things, copying, modifying, or creating
derivative works based on Niantic’s games; using Niantic’s services or
content for commercial purposes; and cheating in Niantic’s games.
Niantic has filed a lawsuit regarding the Illegal Programs. A copy of the
complaint is attached.
Office of the General Manager,
Domains By Proxy, LLC
Copyright © 1999-2019 Domains By Proxy, LLC.
All rights reserved.
U.S. Pat No. 7,130,878
2666165028
10
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 20 of 74
From: Earl, Erin K. (SEA)
To: generalmanager@domainsbyproxy.com
Subject: RE: Update [Incident ID: 39287273] - apphaven.org :: 692939
Date: Tuesday, June 25, 2019 11:23:36 AM
Attachments: 2019-06-25 AppHaven.pdf
Thank you, Hap. Please find attached a screenshot of http://apphaven.org/default (including the URL),
which shows this page being used to distribute PokeGo++, Ingress++, and Potter++, all of which are
mobile applications that infringe Niantic’s copyrights in its mobile applications for its games for the
reasons stated in our online submission, our letter, and the complaint that we filed in the Northern
District of California that we attached to both.
Thank you,
Erin Earl | Perkins Coie LLP
1201 Third Avenue
Suite 4900
Seattle, WA 98101
PHONE: +1.206.359.8510
FAX: +1.206.359.9510
EEarl@perkinscoie.com
From: Domains By Proxy <donotreply@secureserver.net>
Sent: Tuesday, June 25, 2019 9:48 AM
To: Earl, Erin (SEA) <EEarl@perkinscoie.com>
Subject: Update [Incident ID: 39287273] - apphaven.org :: 692939
Here's our response to your inquiry.
PRIVATE REGISTRATIONS®
Discussion Notes
Support Staff Response
Dear Erin Earl,
We reviewed the complaint on APPHAVEN.ORG and in order to proceed with our
investigation we require the following:
11
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 21 of 74
1. A screen shot of the infringing content including the URL so we can verify
infringing content
*Please note that the screenshots you provided don't include the URL
If you do not provide this information, we will consider this matter closed.
Regards,
Hap
Office of the General Manager
Domains By Proxy, LLC
Customer Inquiry
DBP Claim Request Requestor First Name: Erin Requestor Last Name: Earl Requestor
Firm: Perkins Coie LLP Requestor Company: Niantic, Inc. Requestor Email:
EEarl@perkinscoie.com Requestor Phone: (206) 359-8510 Requestor Language:
Complaint Nature: Website content infringes a copyright Federal trademark
registration number: TX 8-729-533, PA 2-179-944, PA 2-180-185 Jurisdictions or
geographical area: Good faith certification: I, Erin Earl, certify in good faith, under
penalty of perjury, that I am an authorized representative of the copyright holder
(namely, Niantic, Inc.), that the use of the copyrighted content (namely, Niantic’s
computer code for its mobile applications) infringes the rights of the copyright
holder, and that the use of the copyrighted content claimed to be infringing is not
defensible. Infringing URL: https://apphaven.org/default Copyrighted URL:
https://apps.apple.com/us/app/pok%C3%A9mon-go/id1094591345 ;
https://apps.apple.com/us/app/ingress-prime/id576505181 ; and
https://apps.apple.com/us/app/harry-potter-wizards-unite/id1452352832 Domains:
apphaven.org Additional Information: We represent Niantic, Inc. (“Niantic”) and
write to request that you provide full contact information for the registrant of the
domain name apphaven.org. The owner(s) of that domain name have used the
apphaven.org website to advertise, distribute, and profit from computer programs
titled Potter++, PokeGo++, and Ingress++ (the “Illegal Programs”). The Illegal
Programs are “hacked” versions of the mobile applications for Niantic’s famous
augmented reality games, Harry Potter: Wizards Unite, Pokémon Go, and Ingress.
The purpose of the Illegal Programs is to enable users to cheat within Niantic’s
games. The Illegal Programs violate Niantic’s rights for at least the following reasons:
First, the Illegal Programs contain copies of Niantic’s copyrighted computer code and
constitute unauthorized derivative versions of Niantic’s copyrighted computer code.
Thus, the creation and distribution of the Illegal Programs violates Niantic’s exclusive
rights under the federal Copyright Act, 17 U.S.C. § 101, et seq., and analogous state
laws. Second, the Illegal Programs can be used to access Niantic’s protected
computers without authorization and obtain information, thereby violating the
federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, and analogous state laws.
Third, the Illegal Programs violate Niantic’s Terms of Service which prohibit, among
other things, copying, modifying, or creating derivative works based on Niantic’s
games; using Niantic’s services or content for commercial purposes; and cheating in
12
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 22 of 74
Niantic’s games. Niantic has filed a lawsuit regarding the Illegal Programs. A copy of
the complaint is attached.
Office of the General Manager,
Domains By Proxy, LLC
Copyright © 1999-2019 Domains By Proxy, LLC.
All rights reserved.
U.S. Pat No. 7,130,878
2666165028
NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender
by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
13
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Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 23 of 74
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Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 27 of 74
From: Earl, Erin K. (SEA)
To: Courtdisputes@godaddy.com
Cc: Schwartz, Julie E. (PAO)
Subject: RE: Update [Incident ID: 39291583] - APPHAVEN.ORG
Date: Wednesday, June 26, 2019 11:58:02 AM
Attachments: 2019-06-25 AppHaven.pdf
Hi Laurie:
Thank you for reaching out. Although the apphaven.org domain is not specifically listed in the
complaint, the complaint does describe in detail three infringing mobile applications titled Potter++,
PokeGo++, and Ingress++. Per the attached screenshot, as of yesterday, all three of those infringing
mobile applications were being distributed on the apphaven.org domain. This indicates that
apphaven.org is engaged in the exact conduct described in the complaint, namely, distribution of
unauthorized derivative versions of Niantic’s copyrighted mobile apps.
Thanks,
Erin
Erin Earl | Perkins Coie LLP
1201 Third Avenue
Suite 4900
Seattle, WA 98101
PHONE: +1.206.359.8510
FAX: +1.206.359.9510
EEarl@perkinscoie.com
From: Courtdisputes@godaddy.com <Courtdisputes@godaddy.com>
Sent: Wednesday, June 26, 2019 10:32 AM
To: Schwartz, Julie E. (PAO) <JSchwartz@perkinscoie.com>
Subject: FW: Update [Incident ID: 39291583] - APPHAVEN.ORG
Dear Julie,
We are in receipt of the attached court filed complaint.
In reviewing, we are not finding the domain name apphaven.org listed in the complaint. Would you
please point out to us where in the complaint, the domain name is listed?
In the meantime, we have placed a lock on the domain name pending your response.
Best,
Laurie T.
Dispute Administrator | GoDaddy
Claim: 2378337
From: Domains By Proxy <donotreply@secureserver.net>
Sent: Tuesday, June 25, 2019 10:16 AM
To: Courtdisputes-GD <Courtdisputes@godaddy.com>
18
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 28 of 74
Subject: Update [Incident ID: 39291583] - APPHAVEN.ORG
Notice: This email is from an external sender.
Here's our response to your inquiry.
PRIVATE REGISTRATIONS®
Discussion Notes
Support Staff Response
See attached potential court dispute concerning APPHAVEN.ORG
Office of the General Manager,
Domains By Proxy, LLC
Copyright © 1999-2019 Domains By Proxy, LLC.
All rights reserved.
U.S. Pat No. 7,130,878
2666202664
NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender
by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
19
RI
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 29 of 74
Ը Ը
Ը Ը
Ը Ը
Ը Ը
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Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 30 of 74
Ը
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Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 31 of 74
Ը
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Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 32 of 74
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Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 33 of 74
From: Domains By Proxy
To: Earl, Erin K. (SEA)
Subject: Update [Incident ID: 39287273] - apphaven.org :: 692939
Date: Wednesday, June 26, 2019 9:03:01 AM
PRIVATE REGISTRATIONS®
Discussion Notes
Support Staff Response
Dear Erin Earl,
We have reviewed your complaint regarding APPHAVEN.ORG. To allow
you to contact the registrant directly, we are disclosing our customer’s
underlying contact information below:
Matthew Johnson
Masonic
972 county road 523
Poplar Bluff Missouri 63901
United States
PH:+1.5737188384
EM:mattj8290@gmail.com
Regards,
Hap
Office of the General Manager
Domains By Proxy, LLC
Customer Inquiry
Update [Incident ID: 39287273] - apphaven.org :: 692939 Thank you,
Hap. Please find attached a screenshot of http://apphaven.org/default
(including the URL), which shows this page being used to distribute
PokeGo++, Ingress++, and Potter++, all of which are mobile
applications that infringe Niantic’s copyrights in its mobile applications
for its games for the reasons stated in our online submission, our letter,
and the complaint that we filed in the Northern District of California that
we attached to both. Thank you, Erin Earl Perkins Coie LLP 1201 Third
24
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 34 of 74
Avenue Suite 4900 Seattle, WA 98101 PHONE: +1.206.359.8510 FAX:
+1.206.359.9510 EEarl@perkinscoie.com
Office of the General Manager,
Domains By Proxy, LLC
Copyright © 1999-2019 Domains By Proxy, LLC.
All rights reserved.
U.S. Pat No. 7,130,878
2670506859
25
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 35 of 74
From: Courtdisputes@godaddy.com
To: Earl, Erin K. (SEA)
Subject: FW: Update [Incident ID: 39291235] - GlobalPlusPlus.com
Date: Wednesday, June 26, 2019 9:28:30 AM
Attachments: 2019-06-24 Letter from E. Earl to DBP re - globalplusplus.com.PDF
Dear Erin,
Thank you for contacting GoDaddy. Per the legal documents received, the following domain
name(s) has been placed on Registrar-Lock:
GLOBALPLUSPLUS.COM
The domain name(s) will remain locked during the pending legal proceeding. The lock on the
domain name(s) shall expire automatically 1) Upon GoDaddy’s receipt of an order dismissing or
suspending the case 2) Upon the expiration of the domain name registration including the
Redemption Grace and Pending Delete Periods at the registry.
Kindest Regards,
Laurie T.
Dispute Administrator | GoDaddy
Claim: 2378303
From: Domains By Proxy <donotreply@secureserver.net>
Sent: Tuesday, June 25, 2019 9:27 AM
To: Courtdisputes-GD <Courtdisputes@godaddy.com>
Subject: Update [Incident ID: 39291235] - GlobalPlusPlus.com
Notice: This email is from an external sender.
Here's our response to your inquiry.
PRIVATE REGISTRATIONS®
Discussion Notes
Support Staff Response
See attached court complaint concerning GLOBALPLUSPLUS.COM
26
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 36 of 74
--------ORIGINAL NOTE-----------
Subject:
From:
To:
DBP Claim Request
Requestor First Name: Erin
Requestor Last Name: Earl
Requestor Firm: Perkins Coie LLP
Requestor Company: Niantic, Inc.
Requestor Email: EEarl@perkinscoie.com
Requestor Phone: (206) 359-8510
Requestor Language:
Complaint Nature: Website content infringes a copyright
Federal trademark registration number: TX 8-729-533, PA 2-179-944, PA 2-
180-185
Jurisdictions or geographical area:
Good faith certification: I, Erin Earl, certify in good faith, under penalty of
perjury, that I am an authorized representative of the copyright holder (namely,
Niantic, Inc.), that the use of the copyrighted content (namely, Niantic’s
computer code for its mobile applications) infringes the rights of the copyright
holder, and that the use of the copyrighted content claimed to be infringing is
not defensible.
Infringing URL: www.globalplusplus.com
Copyrighted URL: https://apps.apple.com/us/app/harry-potter-wizards-
unite/id1452352832 ; https://apps.apple.com/us/app/pok%C3%A9mon-
go/id1094591345 ; https://apps.apple.com/us/app/ingress-prime/id576505181
Domains:
GlobalPlusPlus.com
Additional Information: We represent Niantic, Inc. (“Niantic”) and write to
request that you provide full contact information for the registrant of the domain
name globalplusplus.com. The owner(s) of that domain name have used the
www.globalplusplus.com website to advertise, distribute, and profit from
computer programs titled Potter++, PokeGo++, and Ingress++ (the “Illegal
Programs”). The Illegal Programs are “hacked” versions of the mobile
applications for Niantic’s famous augmented reality games, Harry Potter:
Wizards Unite, Pokémon Go, and Ingress. The purpose of the Illegal Programs
is to enable users to cheat within Niantic’s games.
The Illegal Programs violate Niantic’s rights for at least the following reasons:
First, the Illegal Programs contain copies of Niantic’s copyrighted computer
code and constitute unauthorized derivative versions of Niantic’s copyrighted
computer code. Thus, the creation and distribution of the Illegal Programs
violates Niantic’s exclusive rights under the federal Copyright Act, 17 U.S.C. §
101, et seq., and analogous state laws.
Second, the Illegal Programs can be used to access Niantic’s protected
computers without authorization and obtain information, thereby violating the
27
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 37 of 74
federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, and analogous state
laws.
Third, the Illegal Programs violate Niantic’s Terms of Service which prohibit,
among other things, copying, modifying, or creating derivative works based on
Niantic’s games; using Niantic’s services or content for commercial purposes;
and cheating in Niantic’s games.
Niantic has filed a lawsuit regarding the Illegal Programs. A copy of the
complaint is attached.
Although the www.globalplusplus.com website currently is not operational, we
are submitting screenshots taken a short time ago establishing its distribution of
unauthorized derivative versions of Niantic’s copyrighted mobile apps.
Office of the General Manager,
Domains By Proxy, LLC
Copyright © 1999-2019 Domains By Proxy, LLC.
All rights reserved.
U.S. Pat No. 7,130,878
2666139502
28
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 38 of 74
From: Courtdisputes@godaddy.com
To: Earl, Erin K. (SEA)
Subject: RE: Update [Incident ID: 39291583] - APPHAVEN.ORG
Date: Thursday, June 27, 2019 9:10:26 AM
Hi Erin,
Thank you for the clarification. apphaven.org will remain on registrar lock pending the outcome of the
case. Please note that if you seek transfer of the domain name or suspension of the website, any order
will need to specifically list the domain name and/or website and the action to be taken.
Please let us know if you have any questions.
Best,
Laurie T.
Dispute Administrator | GoDaddy
Claim: 2378337
From: Earl, Erin K. (Perkins Coie) <EEarl@perkinscoie.com>
Sent: Wednesday, June 26, 2019 11:58 AM
To: Courtdisputes-GD <Courtdisputes@godaddy.com>
Cc: Schwartz, Julie E. (Perkins Coie) <JSchwartz@perkinscoie.com>
Subject: RE: Update [Incident ID: 39291583] - APPHAVEN.ORG
Notice: This email is from an external sender.
Hi Laurie:
Thank you for reaching out. Although the apphaven.org domain is not specifically listed in the
complaint, the complaint does describe in detail three infringing mobile applications titled Potter++,
PokeGo++, and Ingress++. Per the attached screenshot, as of yesterday, all three of those infringing
mobile applications were being distributed on the apphaven.org domain. This indicates that
apphaven.org is engaged in the exact conduct described in the complaint, namely, distribution of
unauthorized derivative versions of Niantic’s copyrighted mobile apps.
Thanks,
Erin
Erin Earl | Perkins Coie LLP
1201 Third Avenue
Suite 4900
Seattle, WA 98101
PHONE: +1.206.359.8510
FAX: +1.206.359.9510
EEarl@perkinscoie.com
From: Courtdisputes@godaddy.com <Courtdisputes@godaddy.com>
29
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 39 of 74
Sent: Wednesday, June 26, 2019 10:32 AM
To: Schwartz, Julie E. (PAO) <JSchwartz@perkinscoie.com>
Subject: FW: Update [Incident ID: 39291583] - APPHAVEN.ORG
Dear Julie,
We are in receipt of the attached court filed complaint.
In reviewing, we are not finding the domain name apphaven.org listed in the complaint. Would you
please point out to us where in the complaint, the domain name is listed?
In the meantime, we have placed a lock on the domain name pending your response.
Best,
Laurie T.
Dispute Administrator | GoDaddy
Claim: 2378337
From: Domains By Proxy <donotreply@secureserver.net>
Sent: Tuesday, June 25, 2019 10:16 AM
To: Courtdisputes-GD <Courtdisputes@godaddy.com>
Subject: Update [Incident ID: 39291583] - APPHAVEN.ORG
Notice: This email is from an external sender.
Here's our response to your inquiry.
PRIVATE REGISTRATIONS®
Discussion Notes
Support Staff Response
See attached potential court dispute concerning APPHAVEN.ORG
Office of the General Manager,
30
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 40 of 74
Domains By Proxy, LLC
Copyright © 1999-2019 Domains By Proxy, LLC.
All rights reserved.
U.S. Pat No. 7,130,878
2666202664
NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender
by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
31
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 41 of 74
From: Earl, Erin K. (SEA)
To: Courtdisputes@godaddy.com
Subject: RE: Update [Incident ID: 39291583] - APPHAVEN.ORG
Date: Thursday, June 27, 2019 9:15:34 AM
Thank you, Laurie.
Erin Earl | Perkins Coie LLP
COUNSEL
D. +1.206.359.8510
From: Courtdisputes@godaddy.com <Courtdisputes@godaddy.com>
Sent: Thursday, June 27, 2019 9:10 AM
To: Earl, Erin K. (SEA) <EEarl@perkinscoie.com>
Subject: RE: Update [Incident ID: 39291583] - APPHAVEN.ORG
Hi Erin,
Thank you for the clarification. apphaven.org will remain on registrar lock pending the outcome of the
case. Please note that if you seek transfer of the domain name or suspension of the website, any order
will need to specifically list the domain name and/or website and the action to be taken.
Please let us know if you have any questions.
Best,
Laurie T.
Dispute Administrator | GoDaddy
Claim: 2378337
From: Earl, Erin K. (Perkins Coie) <EEarl@perkinscoie.com>
Sent: Wednesday, June 26, 2019 11:58 AM
To: Courtdisputes-GD <Courtdisputes@godaddy.com>
Cc: Schwartz, Julie E. (Perkins Coie) <JSchwartz@perkinscoie.com>
Subject: RE: Update [Incident ID: 39291583] - APPHAVEN.ORG
Notice: This email is from an external sender.
Hi Laurie:
Thank you for reaching out. Although the apphaven.org domain is not specifically listed in the
complaint, the complaint does describe in detail three infringing mobile applications titled Potter++,
PokeGo++, and Ingress++. Per the attached screenshot, as of yesterday, all three of those infringing
mobile applications were being distributed on the apphaven.org domain. This indicates that
apphaven.org is engaged in the exact conduct described in the complaint, namely, distribution of
unauthorized derivative versions of Niantic’s copyrighted mobile apps.
32
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 42 of 74
Thanks,
Erin
Erin Earl | Perkins Coie LLP
1201 Third Avenue
Suite 4900
Seattle, WA 98101
PHONE: +1.206.359.8510
FAX: +1.206.359.9510
EEarl@perkinscoie.com
From: Courtdisputes@godaddy.com <Courtdisputes@godaddy.com>
Sent: Wednesday, June 26, 2019 10:32 AM
To: Schwartz, Julie E. (PAO) <JSchwartz@perkinscoie.com>
Subject: FW: Update [Incident ID: 39291583] - APPHAVEN.ORG
Dear Julie,
We are in receipt of the attached court filed complaint.
In reviewing, we are not finding the domain name apphaven.org listed in the complaint. Would you
please point out to us where in the complaint, the domain name is listed?
In the meantime, we have placed a lock on the domain name pending your response.
Best,
Laurie T.
Dispute Administrator | GoDaddy
Claim: 2378337
From: Domains By Proxy <donotreply@secureserver.net>
Sent: Tuesday, June 25, 2019 10:16 AM
To: Courtdisputes-GD <Courtdisputes@godaddy.com>
Subject: Update [Incident ID: 39291583] - APPHAVEN.ORG
Notice: This email is from an external sender.
Here's our response to your inquiry.
PRIVATE REGISTRATIONS®
33
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 43 of 74
Discussion Notes
Support Staff Response
See attached potential court dispute concerning APPHAVEN.ORG
Office of the General Manager,
Domains By Proxy, LLC
Copyright © 1999-2019 Domains By Proxy, LLC.
All rights reserved.
U.S. Pat No. 7,130,878
2666202664
NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender
by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender
by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
34
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 44 of 74
From: Earl, Erin K. (SEA)
To: generalmanager@domainsbyproxy.com
Subject: RE: Update [Incident ID: 39287250] - GlobalPlusPlus.com :: 692938
Date: Friday, June 28, 2019 7:02:08 PM
Attachments: 2019-06-14 Globalplusplus.com Screenshot.pdf
2019-05-11 iOS Spoofing Tweaks & Apps.pdf
2019-04-03 Our Tweaked Games.pdf
2019-03-18 Our Tweaked Games.pdf
Complaint.PDF
Dear Hap,
Thank you for your continued engagement on this matter.
You are correct that the owner of the globalplusplus.com website has recently removed the content
published on that website, including links to the infringing programs that the owner previously offered
for download from that website. However, we have provided multiple screenshots showing that the
infringing programs were available from the globalplusplus.com website for a lengthy time, and as
recently as June 14, 2019. We have reattached those screenshots here, and also included screenshots
from the Internet Archive WayBack Machine, which include in their headers the
https://www.globalplusplus.com URL and the date on which the content (including links to download the
infringing programs) was captured. Please let us know if you would like additional screenshots
evidencing the illegal conduct.
The fact that the infringing programs are not currently available on the globalplusplus.com website does
not undermine Niantic’s copyright infringement claims, as detailed in Niantic’s complaint (also attached).
Given that the globalplusplus.com domain name was clearly used to violate your terms of service and to
traffic in infringing programs that violate Niantic’s rights, we respectfully request that you disclose the
registrant information for that domain name, as you did with respect to the apphaven.org domain name,
to enable us to raise our concerns directly with the owner of the globalplusplus.com domain name.
Thanks again for your time and attention to this matter,
Erin
Erin Earl | Perkins Coie LLP
COUNSEL
D. +1.206.359.8510
From: Domains By Proxy <donotreply@secureserver.net>
Sent: Tuesday, June 25, 2019 9:33 AM
To: Earl, Erin (SEA) <EEarl@perkinscoie.com>
Subject: Update [Incident ID: 39287250] - GlobalPlusPlus.com :: 692938
Here's our response to your inquiry.
35
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 45 of 74
PRIVATE REGISTRATIONS®
Discussion Notes
Support Staff Response
Dear Erin Earl,
We reviewed the link you provided and were unable to verify the copyrighted
content is present on the URL. As a result, we are unable to assist you via our
Copyright Claims Process.
If you seek the identity of the domain owner, please review our subpoena policies
here: https://www.domainsbyproxy.com/policy/Subpoena.aspx
Kind regards,
Hap
Office of the General Manager
Domains By Proxy, LLC
Customer Inquiry
DBP Claim Request Requestor First Name: Erin Requestor Last Name: Earl Requestor
Firm: Perkins Coie LLP Requestor Company: Niantic, Inc. Requestor Email:
EEarl@perkinscoie.com Requestor Phone: (206) 359-8510 Requestor Language:
Complaint Nature: Website content infringes a copyright Federal trademark
registration number: TX 8-729-533, PA 2-179-944, PA 2-180-185 Jurisdictions or
geographical area: Good faith certification: I, Erin Earl, certify in good faith, under
penalty of perjury, that I am an authorized representative of the copyright holder
(namely, Niantic, Inc.), that the use of the copyrighted content (namely, Niantic’s
computer code for its mobile applications) infringes the rights of the copyright
holder, and that the use of the copyrighted content claimed to be infringing is not
defensible. Infringing URL: www.globalplusplus.com Copyrighted URL:
https://apps.apple.com/us/app/harry-potter-wizards-unite/id1452352832 ;
https://apps.apple.com/us/app/pok%C3%A9mon-go/id1094591345 ;
https://apps.apple.com/us/app/ingress-prime/id576505181 Domains:
GlobalPlusPlus.com Additional Information: We represent Niantic, Inc. (“Niantic”)
and write to request that you provide full contact information for the registrant of
the domain name globalplusplus.com. The owner(s) of that domain name have used
the www.globalplusplus.com website to advertise, distribute, and profit from
computer programs titled Potter++, PokeGo++, and Ingress++ (the “Illegal
36
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 46 of 74
Programs”). The Illegal Programs are “hacked” versions of the mobile applications for
Niantic’s famous augmented reality games, Harry Potter: Wizards Unite, Pokémon
Go, and Ingress. The purpose of the Illegal Programs is to enable users to cheat
within Niantic’s games. The Illegal Programs violate Niantic’s rights for at least the
following reasons: First, the Illegal Programs contain copies of Niantic’s copyrighted
computer code and constitute unauthorized derivative versions of Niantic’s
copyrighted computer code. Thus, the creation and distribution of the Illegal
Programs violates Niantic’s exclusive rights under the federal Copyright Act, 17 U.S.C.
§ 101, et seq., and analogous state laws. Second, the Illegal Programs can be used to
access Niantic’s protected computers without authorization and obtain information,
thereby violating the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, and
analogous state laws. Third, the Illegal Programs violate Niantic’s Terms of Service
which prohibit, among other things, copying, modifying, or creating derivative works
based on Niantic’s games; using Niantic’s services or content for commercial
purposes; and cheating in Niantic’s games. Niantic has filed a lawsuit regarding the
Illegal Programs. A copy of the complaint is attached. Although the
www.globalplusplus.com website currently is not operational, we are submitting
screenshots taken a short time ago establishing its distribution of unauthorized
derivative versions of Niantic’s copyrighted mobile apps.
Office of the General Manager,
Domains By Proxy, LLC
Copyright © 1999-2019 Domains By Proxy, LLC.
All rights reserved.
U.S. Pat No. 7,130,878
2666143392
NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender
by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
37
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 47 of 74
From: Earl, Erin K. (SEA)
To: abuse@domainsbyproxy.com; generalmanager@domainsbyproxy.com
Subject: Registrant information for pokego2.com
Date: Thursday, July 11, 2019 4:51:16 PM
Attachments: 2019-07-11 Letter from E. Earl to Domains By Proxy LLC re - pokego2.PDF
Dear Domains by Proxy:
Please see the attached correspondence.
Regards,
Erin Earl | Perkins Coie LLP
1201 Third Avenue
Suite 4900
Seattle, WA 98101
PHONE: +1.206.359.8510
FAX: +1.206.359.9510
EEarl@perkinscoie.com
NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the
sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
38
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 48 of 74
(ULQ.(DUO
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QDPHKDYHXVHGWKHSRNHJRFRPZHEVLWHWRDGYHUWLVHGLVWULEXWHDQGSURILWIURPFRPSXWHU
SURJUDPVWLWOHGPokeGo++DQGIngress++ WKH³,OOHJDO3URJUDPV´ 7KH,OOHJDO3URJUDPVDUH
³KDFNHG´YHUVLRQVRIWKHPRELOHDSSOLFDWLRQVIRU1LDQWLF¶VIDPRXVDXJPHQWHGUHDOLW\JDPHV
Pokémon GoDQGIngress7KHSXUSRVHRIWKH,OOHJDO3URJUDPVLVWRHQDEOHXVHUVWRFKHDWZLWKLQ
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7KH,OOHJDO3URJUDPVYLRODWH1LDQWLF¶VULJKWVIRUDWOHDVWWKHIROORZLQJUHDVRQV
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FRQVWLWXWHXQDXWKRUL]HGGHULYDWLYHYHUVLRQVRI1LDQWLF¶VFRS\ULJKWHGFRPSXWHUFRGH
7KXVWKHFUHDWLRQDQGGLVWULEXWLRQRIWKH,OOHJDO3URJUDPVYLRODWHV1LDQWLF¶VH[FOXVLYH
ULJKWVXQGHUWKHIHGHUDO&RS\ULJKW$FW86&et seqDQGDQDORJRXVVWDWHODZV
7KH,OOHJDO3URJUDPVFDQEHXVHGWRDFFHVV1LDQWLF¶VSURWHFWHGFRPSXWHUVZLWKRXW
DXWKRUL]DWLRQDQGREWDLQLQIRUPDWLRQWKHUHE\YLRODWLQJWKHIHGHUDO&RPSXWHU)UDXGDQG
$EXVH$FW86&DQGDQDORJRXVVWDWHODZV
7KH,OOHJDO3URJUDPVYLRODWH1LDQWLF¶V7HUPVRI6HUYLFHZKLFKSURKLELWDPRQJRWKHU
WKLQJVFRS\LQJPRGLI\LQJRUFUHDWLQJGHULYDWLYHZRUNVEDVHGRQ1LDQWLF¶VJDPHV XVLQJ
1LDQWLF¶VVHUYLFHVRUFRQWHQWIRUFRPPHUFLDOSXUSRVHV DQGFKHDWLQJLQ1LDQWLF¶VJDPHV
,QDGGLWLRQWKHSRNHJRFRPGRPDLQQDPHYLRODWHV\RXUFXVWRPHUDJUHHPHQWZKLFKDOORZV
'RPDLQVE\3UR[\WRWDNHDQ\DFWLRQLWGHHPVQHFHVVDU\³>L@ILWFRPHVWR'%3¶VDWWHQWLRQWKDW
39
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 49 of 74
'RPDLQV%\3UR[\//&
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SURSHUW\ULJKWVRIDQRWKHU8VHURUDQ\RWKHUSHUVRQRUHQWLW\´DQGUHTXLUHVUHJLVWUDQWVWRFHUWLI\
WKDWWKH\³KDYHQRNQRZOHGJHRI>WKHLU@GRPDLQQDPHLQIULQJLQJXSRQRUFRQIOLFWLQJZLWKWKH
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KWWSV ZZZGRPDLQVE\SUR[\FRPSROLF\6KRZ'RFDVS["SDJHLG GRPDLQBQDPHSUR[\
1LDQWLFKDVILOHGDODZVXLWUHJDUGLQJWKH,OOHJDO3URJUDPV$FRS\RIWKHFRPSODLQWLVDWWDFKHG
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XQDXWKRUL]HGGHULYDWLYHYHUVLRQVRI1LDQWLF¶VFRS\ULJKWHGPRELOHDSSV
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40
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 50 of 74
From: Earl, Erin K. (SEA)
To: generalmanager@domainsbyproxy.com
Subject: RE: Update [Incident ID: 39391315] - POKEGO2.COM
Date: Friday, July 12, 2019 7:59:09 AM
Attachments: 2019-07-03 of 2018-10-16 Global++ Repo.pdf
2019-07-03 of 2019-01-01 Global++ Repo.pdf
2019-04-15 Pokego2_com Homepage.pdf
Complaint with Exhibits.pdf
Hi Lisa:
Apologies that the attachments did not go through. Please find the screenshots and complaint attached.
Thank you,
Erin Earl | Perkins Coie LLP
1201 Third Avenue
Suite 4900
Seattle, WA 98101
PHONE: +1.206.359.8510
FAX: +1.206.359.9510
EEarl@perkinscoie.com
From: Domains By Proxy <donotreply@secureserver.net>
Sent: Friday, July 12, 2019 7:32 AM
To: Earl, Erin K. (SEA) <EEarl@perkinscoie.com>
Subject: Update [Incident ID: 39391315] - POKEGO2.COM
Here's our response to your inquiry.
PRIVATE REGISTRATIONS®
Discussion Notes
Support Staff Response
Dear Erin Earl,
Thank you for contacting Domains By Proxy, LLC (“DBP”) regarding POKEGO2.COM. DBP
provides a private registration service that allows its customers to register domain names
without listing their contact information in the WHOIS database.
We have reviewed the claim you submitted. However, the attachments you mentioned
41
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 51 of 74
(lawsuit and screenshots) were not received.
Please attach that information to your reply for review.
Warm regards,
Lisa
Office of the General Manager
Domains By Proxy, LLC
Customer Inquiry
DBP Claim Request Requestor First Name: Erin Requestor Last Name: Earl Requestor
Firm: Perkins Coie LLP Requestor Company: Niantic, Inc. Requestor Email:
eearl@perkinscoie.com Requestor Phone: (206) 359-8510 Requestor Language:
Complaint Nature: Website content infringes a copyright Federal trademark
registration number: TX 8-729-533, PA 2-179-944, PA 2-180-185 Jurisdictions or
geographical area: Good faith certification: I, Erin Earl, certify in good faith, under
penalty of perjury, that I am an authorized representative of the copyright holder
(namely, Niantic, Inc.), that the use of the copyrighted content (namely, Niantic’s
computer code for its mobile applications) infringes the rights of the copyright
holder, and that the use of the copyrighted content claimed to be infringing is not
defensible. Infringing URL: http://pokego2.com Copyrighted URL:
https://apps.apple.com/us/app/pok%C3%A9mon-go/id1094591345 ; and
https://apps.apple.com/us/app/ingress-prime/id576505181 Domains: pokego2.com
Additional Information: We represent Niantic, Inc. (“Niantic”) and write to request
that you provide full contact information for the registrant of the domain name
pokego2.com. The owner(s) of that domain name have used the pokego2.com
website to advertise, distribute, and profit from computer programs titled PokeGo++
and Ingress++ (the “Illegal Programs”). The Illegal Programs are “hacked” versions of
the mobile applications for Niantic’s famous augmented reality games, Pokémon Go
and Ingress. The purpose of the Illegal Programs is to enable users to cheat within
Niantic’s games. The Illegal Programs violate Niantic’s rights for at least the following
reasons: First, the Illegal Programs contain copies of Niantic’s copyrighted computer
code and constitute unauthorized derivative versions of Niantic’s copyrighted
computer code. Thus, the creation and distribution of the Illegal Programs violates
Niantic’s exclusive rights under the federal Copyright Act, 17 U.S.C. § 101, et seq.,
and analogous state laws. Second, the Illegal Programs can be used to access
Niantic’s protected computers without authorization and obtain information,
thereby violating the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, and
analogous state laws. Third, the Illegal Programs violate Niantic’s Terms of Service
which prohibit, among other things, copying, modifying, or creating derivative works
based on Niantic’s games; using Niantic’s services or content for commercial
purposes; and cheating in Niantic’s games. Niantic has filed a lawsuit regarding the
Illegal Programs. A copy of the complaint is attached. Although the pokego2.com
website currently is not operational, we are submitting screenshots from archive.org
and another screenshot taken in April 2019 that establish its distribution of
unauthorized derivative versions of Niantic’s copyrighted mobile apps.
42
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 52 of 74
Office of the General Manager,
Domains By Proxy, LLC
Copyright © 1999-2019 Domains By Proxy, LLC.
All rights reserved.
U.S. Pat No. 7,130,878
2719195519
NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender
by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
43
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 53 of 74
From: Domains By Proxy
To: Earl, Erin K. (SEA)
Subject: Update [Incident ID: 39391315] - POKEGO2.COM
Date: Monday, July 15, 2019 1:57:12 PM
PRIVATE REGISTRATIONS®
Discussion Notes
Support Staff Response
Dear Erin,
We are following up to let you know POKEGO2.COM
no longer subscribes to our privacy service. You may now direct your
complaint to the registrant whose contact details are located at the link
below:
https://www.godaddy.com/whois/results.aspx?domain=pokego2.com
Questions or concerns pertaining to the contact information on the
domain name are handled by the registrar of record.
Kind regards,
Laurie
Office of the General Manager
Domains By Proxy, LLC
Office of the General Manager,
Domains By Proxy, LLC
Copyright © 1999-2019 Domains By Proxy, LLC.
44
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 54 of 74
All rights reserved.
U.S. Pat No. 7,130,878
2724873101
45
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 55 of 74
From: Earl, Erin K. (SEA)
To: generalmanager@domainsbyproxy.com
Subject: RE: Update [Incident ID: 39391315] - POKEGO2.COM
Date: Monday, July 15, 2019 2:11:59 PM
Thank you very much, Laurie.
Erin Earl | Perkins Coie LLP
COUNSEL
D. +1.206.359.8510
From: Domains By Proxy <donotreply@secureserver.net>
Sent: Monday, July 15, 2019 1:57 PM
To: Earl, Erin K. (SEA) <EEarl@perkinscoie.com>
Subject: Update [Incident ID: 39391315] - POKEGO2.COM
Here's our response to your inquiry.
PRIVATE REGISTRATIONS®
Discussion Notes
Support Staff Response
Dear Erin,
We are following up to let you know POKEGO2.COM
no longer subscribes to our privacy service. You may now direct your complaint to
the registrant whose contact details are located at the link below:
https://www.godaddy.com/whois/results.aspx?domain=pokego2.com
Questions or concerns pertaining to the contact information on the domain name
are handled by the registrar of record.
Kind regards,
46
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 56 of 74
Laurie
Office of the General Manager
Domains By Proxy, LLC
Office of the General Manager,
Domains By Proxy, LLC
Copyright © 1999-2019 Domains By Proxy, LLC.
All rights reserved.
U.S. Pat No. 7,130,878
2724873101
NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender
by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
47
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 57 of 74
From: Domains By Proxy
To: Earl, Erin K. (SEA)
Subject: Update [Incident ID: 39391315] - POKEGO2.COM
Date: Monday, July 15, 2019 12:48:44 PM
PRIVATE REGISTRATIONS®
Discussion Notes
Support Staff Response
Dear Erin,
We reviewed the complaint on POKEGO2.COM and in order to proceed
with our investigation we require the following:
1. A copy of the trademark certificate - This should be a federally
registered trademark.
If you are not able to provide this information, we will consider this
matter closed.
Regards,
Laurie
Office of the General Manager
Domains By Proxy, LLC
Customer Inquiry
Update [Incident ID: 39391315] - POKEGO2.COM Hi Lisa: Apologies
that the attachments did not go through. Please find the screenshots
and complaint attached. Thank you, Erin Earl Perkins Coie LLP 1201
Third Avenue Suite 4900 Seattle, WA 98101 PHONE: +1.206.359.8510
FAX: +1.206.359.9510 EEarl@perkinscoie.com
Office of the General Manager,
Domains By Proxy, LLC
48
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 58 of 74
Copyright © 1999-2019 Domains By Proxy, LLC.
All rights reserved.
U.S. Pat No. 7,130,878
2724789233
49
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 59 of 74
From: Earl, Erin K. (SEA)
To: Courtdisputes@godaddy.com
Subject: RE: POKEGO2.COM
Date: Wednesday, July 17, 2019 2:09:01 PM
Attachments: 2019-07-03 of 2018-10-16 Global++ Repo.pdf
2019-04-15 Pokego2_com Homepage.pdf
2019-07-03 of 2019-01-01 Global++ Repo.pdf
Dear Hap:
Thank you for your email. Although the pokego2.com domain is not specifically listed in the complaint,
the complaint does describe in detail three infringing mobile applications titled Potter++, PokeGo++, and
Ingress++. Per the screenshots we submitted, which we are reattaching here for reference, the
infringing mobile applications titled PokeGo++ and Ingress++ were being distributed on the pokego2.com
domain as recently as April 2019. This indicates that pokego2.com has been engaged in the same
conduct described in the complaint, namely, distribution of unauthorized derivative versions of Niantic’s
copyrighted mobile apps.
In addition, when I reviewed the registration record for pokego2.com on Monday, July 15, the
pokego2.com domain appeared to be registered to a Matthew Johnson with an address in Poplar Bluff,
Missouri, the same registrant we identified as being associated with other infringing domains including
globalplusplus.com and apphaven.org. Because GoDaddy already has imposed registrar lock on these
other domains registered to Mr. Johnson that engaged in the same conduct, we respectfully ask that you
take the same steps for pokego2.com.
Thank you,
Erin
Erin Earl | Perkins Coie LLP
COUNSEL
D. +1.206.359.8510
From: Courtdisputes@godaddy.com <Courtdisputes@godaddy.com>
Sent: Tuesday, July 16, 2019 9:34 AM
To: Earl, Erin K. (SEA) <EEarl@perkinscoie.com>
Subject: POKEGO2.COM
Dear Erin Earl,
Thank you for your message.
We have reviewed the filed court complaint, however, we are unable to see where “POKEGO2.COM” is
listed in court complaint.
In order for us to place POKEGO2.COM on registrar lock we will require that POKEGO2.COM be
specifically listed in the filed complaint.
In order for us to take any action on POKEGO2.COM we will require a court order that specifically lists
POKEGO2.COM and what action to be taken.
50
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 60 of 74
For more information on how we can assist with court documentation, please review the following link:
https://www.godaddy.com/legal/agreements/subpoena-policy
Regards,
Hap
Dispute Administrator
GoDaddy
ENCO - POKEGO2.COM
From: Domains By Proxy <donotreply@secureserver.net>
Sent: Monday, July 15, 2019 2:48 PM
To: Courtdisputes-GD <Courtdisputes@godaddy.com>
Subject: Update [Incident ID: 39417932] - POKEGO2.COM
Notice: This email is from an external sender.
Here's our response to your inquiry.
PRIVATE REGISTRATIONS®
Discussion Notes
Support Staff Response
--------ORIGINAL NOTE-----------
Subject:Subject: RE: Update [Incident ID: 39391315] - POKEGO2.COM
From:EEarl@perkinscoie.com
Date: Fri, 12 Jul 2019 14:59:07 +0000
To:generalmanager@domainsbyproxy.com
Update [Incident ID: 39391315] - POKEGO2.COM
51
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 61 of 74
Hi Lisa:
Apologies that the attachments did not go through. Please find the screenshots and
complaint attached.
Thank you,
Erin Earl Perkins Coie LLP
1201 Third Avenue
Suite 4900
Seattle, WA 98101
PHONE: +1.206.359.8510
FAX: +1.206.359.9510
EEarl@perkinscoie.com
-------------------------------Resolution-------------------7/12/2019 7:32:13 AM-----------------
------------
Dear Erin Earl,
Thank you for contacting Domains By Proxy, LLC (“DBP”) regarding POKEGO2.COM. DBP
provides a private registration service that allows its customers to register domain names
without listing their contact information in the WHOIS database.
We have reviewed the claim you submitted. However, the attachments you mentioned
(lawsuit and screenshots) were not received.
Please attach that information to your reply for review.
Warm regards,
Lisa
Office of the General Manager
Domains By Proxy, LLC
--------ORIGINAL NOTE-----------
Subject:
From:
To:
DBP Claim Request
Requestor First Name: Erin
Requestor Last Name: Earl
Requestor Firm: Perkins Coie LLP
Requestor Company: Niantic, Inc.
Requestor Email: eearl@perkinscoie.com
52
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 62 of 74
Requestor Phone: (206) 359-8510
Requestor Language:
Complaint Nature: Website content infringes a copyright
Federal trademark registration number: TX 8-729-533, PA 2-179-944, PA 2-180-185
Jurisdictions or geographical area:
Good faith certification: I, Erin Earl, certify in good faith, under penalty of perjury,
that I am an authorized representative of the copyright holder (namely, Niantic, Inc.),
that the use of the copyrighted content (namely, Niantic’s computer code for its
mobile applications) infringes the rights of the copyright holder, and that the use of
the copyrighted content claimed to be infringing is not defensible.
Infringing URL: http://pokego2.com
Copyrighted URL: https://apps.apple.com/us/app/pok%C3%A9mon-
go/id1094591345 ; and https://apps.apple.com/us/app/ingress-prime/id576505181
Domains:
pokego2.com
Additional Information: We represent Niantic, Inc. (“Niantic”) and write to request
that you provide full contact information for the registrant of the domain name
pokego2.com. The owner(s) of that domain name have used the pokego2.com
website to advertise, distribute, and profit from computer programs titled PokeGo++
and Ingress++ (the “Illegal Programs”). The Illegal Programs are “hacked” versions of
the mobile applications for Niantic’s famous augmented reality games, Pokémon Go
and Ingress. The purpose of the Illegal Programs is to enable users to cheat within
Niantic’s games.
The Illegal Programs violate Niantic’s rights for at least the following reasons:
First, the Illegal Programs contain copies of Niantic’s copyrighted computer code and
constitute unauthorized derivative versions of Niantic’s copyrighted computer code.
Thus, the creation and distribution of the Illegal Programs violates Niantic’s exclusive
rights under the federal Copyright Act, 17 U.S.C. § 101, et seq., and analogous state
laws.
Second, the Illegal Programs can be used to access Niantic’s protected computers
without authorization and obtain information, thereby violating the federal
Computer Fraud and Abuse Act, 18 U.S.C. § 1030, and analogous state laws.
Third, the Illegal Programs violate Niantic’s Terms of Service which prohibit, among
other things, copying, modifying, or creating derivative works based on Niantic’s
games; using Niantic’s services or content for commercial purposes; and cheating in
Niantic’s games.
Niantic has filed a lawsuit regarding the Illegal Programs. A copy of the complaint is
attached.
Although the pokego2.com website currently is not operational, we are submitting
screenshots from archive.org and another screenshot taken in April 2019 that
53
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 63 of 74
establish its distribution of unauthorized derivative versions of Niantic’s copyrighted
mobile apps.
Office of the General Manager,
Domains By Proxy, LLC
Copyright © 1999-2019 Domains By Proxy, LLC.
All rights reserved.
U.S. Pat No. 7,130,878
2724764485
NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender
by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
54
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 64 of 74
From: Earl, Erin K. (SEA)
To: generalmanager@domainsbyproxy.com
Subject: RE: Update [Incident ID: 39391315] - POKEGO2.COM
Date: Wednesday, July 17, 2019 4:48:28 PM
Dear Laurie:
Thanks again for your response; however, it appears that pokego2.com is now subscribing to your
privacy service. We therefore respectfully renew our request that you please provide us contact
information for this domain.
Regards,
Erin
Erin Earl | Perkins Coie LLP
COUNSEL
D. +1.206.359.8510
From: Domains By Proxy <donotreply@secureserver.net>
Sent: Monday, July 15, 2019 1:57 PM
To: Earl, Erin K. (SEA) <EEarl@perkinscoie.com>
Subject: Update [Incident ID: 39391315] - POKEGO2.COM
Here's our response to your inquiry.
PRIVATE REGISTRATIONS®
Discussion Notes
Support Staff Response
Dear Erin,
We are following up to let you know POKEGO2.COM
no longer subscribes to our privacy service. You may now direct your complaint to
the registrant whose contact details are located at the link below:
55
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 65 of 74
https://www.godaddy.com/whois/results.aspx?domain=pokego2.com
Questions or concerns pertaining to the contact information on the domain name
are handled by the registrar of record.
Kind regards,
Laurie
Office of the General Manager
Domains By Proxy, LLC
Office of the General Manager,
Domains By Proxy, LLC
Copyright © 1999-2019 Domains By Proxy, LLC.
All rights reserved.
U.S. Pat No. 7,130,878
2724873101
NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender
by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
56
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 66 of 74
From: Domains By Proxy
To: Earl, Erin K. (SEA)
Subject: Update [Incident ID: 39391315] - POKEGO2.COM:: 693055
Date: Thursday, July 18, 2019 3:51:27 PM
PRIVATE REGISTRATIONS®
Discussion Notes
Support Staff Response
Dear Erin,
We reviewed the links you provided to the infringing material and were
unable to verify the copyrighted content is present on the URL. The
copyrighted content must be visible and we cannot accept screen shots
of content that is not there. As a result, we are closing this investigation.
You can contact our customer directly at
POKEGO2@DomainsByProxy.com if you have any further issues to
address.
Alternatively, if you can provide a federally registered trademark, we can
review a claim for trademark infringements. State level trademarks are
not acceptable for this purpose. If you seek the identity of the domain
owner, please review our subpoena policies here:
https://www.domainsbyproxy.com/policy/Subpoena.aspx
Kind regards,
Laurie
Office of the General Manager
Domains By Proxy, LLC
Customer Inquiry
Update [Incident ID: 39391315] - POKEGO2.COM Dear Laurie: Thanks
again for your response; however, it appears that pokego2.com is now
subscribing to your privacy service. We therefore respectfully renew our
request that you please provide us contact information for this domain.
Regards, Erin Erin Earl Perkins Coie LLP COUNSEL D.
57
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 67 of 74
+1.206.359.8510
Customer Inquiry
Update [Incident ID: 39391315] - POKEGO2.COM Thank you very
much, Laurie. Erin Earl Perkins Coie LLP COUNSEL D.
+1.206.359.8510
Office of the General Manager,
Domains By Proxy, LLC
Copyright © 1999-2019 Domains By Proxy, LLC.
All rights reserved.
U.S. Pat No. 7,130,878
2735186607
58
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 68 of 74
From: Courtdisputes@godaddy.com
To: Earl, Erin K. (SEA)
Subject: RE: POKEGO2.COM
Date: Thursday, July 18, 2019 9:15:56 AM
Dear Erin,
Thank you for your message.
In order for us to place POKEGO2.COM on registrar lock POKEGO2.COM will need to be specifically
named in the complaint. Once POKEGO2.COM is locked it will remain locked pending final outcome of
the case or unless ordered otherwise.
Regards,
Hap
Dispute Administrator
GoDaddy
ENCO - POKEGO2.COM
From: Earl, Erin K. (Perkins Coie) <EEarl@perkinscoie.com>
Sent: Wednesday, July 17, 2019 4:09 PM
To: Courtdisputes-GD <Courtdisputes@godaddy.com>
Subject: RE: POKEGO2.COM
Notice: This email is from an external sender.
Dear Hap:
Thank you for your email. Although the pokego2.com domain is not specifically listed in the complaint,
the complaint does describe in detail three infringing mobile applications titled Potter++, PokeGo++, and
Ingress++. Per the screenshots we submitted, which we are reattaching here for reference, the
infringing mobile applications titled PokeGo++ and Ingress++ were being distributed on the pokego2.com
domain as recently as April 2019. This indicates that pokego2.com has been engaged in the same
conduct described in the complaint, namely, distribution of unauthorized derivative versions of Niantic’s
copyrighted mobile apps.
In addition, when I reviewed the registration record for pokego2.com on Monday, July 15, the
pokego2.com domain appeared to be registered to a Matthew Johnson with an address in Poplar Bluff,
Missouri, the same registrant we identified as being associated with other infringing domains including
globalplusplus.com and apphaven.org. Because GoDaddy already has imposed registrar lock on these
other domains registered to Mr. Johnson that engaged in the same conduct, we respectfully ask that you
take the same steps for pokego2.com.
Thank you,
Erin
59
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 69 of 74
Erin Earl | Perkins Coie LLP
COUNSEL
D. +1.206.359.8510
From: Courtdisputes@godaddy.com <Courtdisputes@godaddy.com>
Sent: Tuesday, July 16, 2019 9:34 AM
To: Earl, Erin K. (SEA) <EEarl@perkinscoie.com>
Subject: POKEGO2.COM
Dear Erin Earl,
Thank you for your message.
We have reviewed the filed court complaint, however, we are unable to see where “POKEGO2.COM” is
listed in court complaint.
In order for us to place POKEGO2.COM on registrar lock we will require that POKEGO2.COM be
specifically listed in the filed complaint.
In order for us to take any action on POKEGO2.COM we will require a court order that specifically lists
POKEGO2.COM and what action to be taken.
For more information on how we can assist with court documentation, please review the following link:
https://www.godaddy.com/legal/agreements/subpoena-policy
Regards,
Hap
Dispute Administrator
GoDaddy
ENCO - POKEGO2.COM
From: Domains By Proxy <donotreply@secureserver.net>
Sent: Monday, July 15, 2019 2:48 PM
To: Courtdisputes-GD <Courtdisputes@godaddy.com>
Subject: Update [Incident ID: 39417932] - POKEGO2.COM
Notice: This email is from an external sender.
Here's our response to your inquiry.
60
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 70 of 74
PRIVATE REGISTRATIONS®
Discussion Notes
Support Staff Response
--------ORIGINAL NOTE-----------
Subject:Subject: RE: Update [Incident ID: 39391315] - POKEGO2.COM
From:EEarl@perkinscoie.com
Date: Fri, 12 Jul 2019 14:59:07 +0000
To:generalmanager@domainsbyproxy.com
Update [Incident ID: 39391315] - POKEGO2.COM
Hi Lisa:
Apologies that the attachments did not go through. Please find the screenshots and
complaint attached.
Thank you,
Erin Earl Perkins Coie LLP
1201 Third Avenue
Suite 4900
Seattle, WA 98101
PHONE: +1.206.359.8510
FAX: +1.206.359.9510
EEarl@perkinscoie.com
-------------------------------Resolution-------------------7/12/2019 7:32:13 AM-----------------
------------
Dear Erin Earl,
Thank you for contacting Domains By Proxy, LLC (“DBP”) regarding POKEGO2.COM. DBP
provides a private registration service that allows its customers to register domain names
without listing their contact information in the WHOIS database.
We have reviewed the claim you submitted. However, the attachments you mentioned
(lawsuit and screenshots) were not received.
61
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 71 of 74
Please attach that information to your reply for review.
Warm regards,
Lisa
Office of the General Manager
Domains By Proxy, LLC
--------ORIGINAL NOTE-----------
Subject:
From:
To:
DBP Claim Request
Requestor First Name: Erin
Requestor Last Name: Earl
Requestor Firm: Perkins Coie LLP
Requestor Company: Niantic, Inc.
Requestor Email: eearl@perkinscoie.com
Requestor Phone: (206) 359-8510
Requestor Language:
Complaint Nature: Website content infringes a copyright
Federal trademark registration number: TX 8-729-533, PA 2-179-944, PA 2-180-185
Jurisdictions or geographical area:
Good faith certification: I, Erin Earl, certify in good faith, under penalty of perjury,
that I am an authorized representative of the copyright holder (namely, Niantic, Inc.),
that the use of the copyrighted content (namely, Niantic’s computer code for its
mobile applications) infringes the rights of the copyright holder, and that the use of
the copyrighted content claimed to be infringing is not defensible.
Infringing URL: http://pokego2.com
Copyrighted URL: https://apps.apple.com/us/app/pok%C3%A9mon-
go/id1094591345 ; and https://apps.apple.com/us/app/ingress-prime/id576505181
Domains:
pokego2.com
Additional Information: We represent Niantic, Inc. (“Niantic”) and write to request
that you provide full contact information for the registrant of the domain name
pokego2.com. The owner(s) of that domain name have used the pokego2.com
website to advertise, distribute, and profit from computer programs titled PokeGo++
and Ingress++ (the “Illegal Programs”). The Illegal Programs are “hacked” versions of
the mobile applications for Niantic’s famous augmented reality games, Pokémon Go
and Ingress. The purpose of the Illegal Programs is to enable users to cheat within
Niantic’s games.
62
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 72 of 74
The Illegal Programs violate Niantic’s rights for at least the following reasons:
First, the Illegal Programs contain copies of Niantic’s copyrighted computer code and
constitute unauthorized derivative versions of Niantic’s copyrighted computer code.
Thus, the creation and distribution of the Illegal Programs violates Niantic’s exclusive
rights under the federal Copyright Act, 17 U.S.C. § 101, et seq., and analogous state
laws.
Second, the Illegal Programs can be used to access Niantic’s protected computers
without authorization and obtain information, thereby violating the federal
Computer Fraud and Abuse Act, 18 U.S.C. § 1030, and analogous state laws.
Third, the Illegal Programs violate Niantic’s Terms of Service which prohibit, among
other things, copying, modifying, or creating derivative works based on Niantic’s
games; using Niantic’s services or content for commercial purposes; and cheating in
Niantic’s games.
Niantic has filed a lawsuit regarding the Illegal Programs. A copy of the complaint is
attached.
Although the pokego2.com website currently is not operational, we are submitting
screenshots from archive.org and another screenshot taken in April 2019 that
establish its distribution of unauthorized derivative versions of Niantic’s copyrighted
mobile apps.
Office of the General Manager,
Domains By Proxy, LLC
Copyright © 1999-2019 Domains By Proxy, LLC.
All rights reserved.
U.S. Pat No. 7,130,878
2724764485
NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender
by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
63
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 73 of 74
From: Domains By Proxy
To: Earl, Erin K. (SEA)
Subject: Update [Incident ID: 39287250] - GlobalPlusPlus.com :: 692938
Date: Tuesday, July 2, 2019 10:45:49 AM
PRIVATE REGISTRATIONS®
Discussion Notes
Support Staff Response
GlobalPlusPlus.com :: 692938
Dear Erin,
We are following up to let you know GlobalPlusPlus.com no longer
subscribes to our privacy service. You may now direct your complaint to
the registrant whose contact details are located at the link below:
https://www.godaddy.com/whois/results.aspx?
checkAvail=1&tmskey=&domain=GlobalPlusPlus.com
Questions or concerns pertaining to the contact information on the
domain name are handled by the registrar of record.
Kind regards,
Laurie
Office of the General Manager
Domains By Proxy, LLC
Customer Inquiry
Update [Incident ID: 39287250] - GlobalPlusPlus.com :: 692938 Dear
Hap, Thank you for your continued engagement on this matter. You are
correct that the owner of the globalplusplus.com website has recently
removed the content published on that website, including links to the
infringing programs that the owner previously offered for download from
that website. However, we have provided multiple screenshots showing
that the infringing programs were available from the globalplusplus.com
website for a lengthy time, and as recently as June 14, 2019. We have
reattached those screenshots here, and also included screenshots from
the Internet Archive WayBack Machine, which include in their headers
the https://www.globalplusplus.com URL and the date on which the
content (including links to download the infringing programs) was
64
Case 4:19-cv-03425-JST Document 81-1 Filed 12/30/19 Page 74 of 74
captured. Please let us know if you would like additional screenshots
evidencing the illegal conduct. The fact that the infringing programs are
not currently available on the globalplusplus.com website does not
undermine Niantic’s copyright infringement claims, as detailed in
Niantic’s complaint (also attached). Given that the globalplusplus.com
domain name was clearly used to violate your terms of service and to
traffic in infringing programs that violate Niantic’s rights, we respectfully
request that you disclose the registrant information for that domain
name, as you did with respect to the apphaven.org domain name, to
enable us to raise our concerns directly with the owner of the
globalplusplus.com domain name. Thanks again for your time and
attention to this matter, Erin Erin Earl Perkins Coie LLP COUNSEL D.
+1.206.359.8510
Office of the General Manager,
Domains By Proxy, LLC
Copyright © 1999-2019 Domains By Proxy, LLC.
All rights reserved.
U.S. Pat No. 7,130,878
2689747420
65
| 2019-12-30T00:00:00 | 12,658 | 16,455.4 |
1 | Case 4:19-cv-08426-YGR Document 1 Filed 12/26/19 Page 1 of 9
1 CALVIN L. LITSEY (CA SBN: 289659)
FAEGRE BAKER DANIELS LLP
2 1950 University Avenue, Suite 450
3 East Palo Alto, CA 94303
Telephone: 650-324-6700
4 Facsimile: 650-324-6701
5 JARED B. BRIANT (CO SBN: 35773)*
FAEGRE BAKER DANIELS LLP
6 1144 15th Street, Suite 3400
7 Denver, CO 80202
Telephone: 303-607-3500
8 Facsimile: 303-607-3600
9 PATRICK C. BOTTINI (MN SBN: 0395278)*
FAEGRE BAKER DANIELS LLP
10
2200 Wells Fargo Center
11 90 S. Seventh Street
Minneapolis, MN 55402
12 Telephone: 612-766-7000
Facsimile: 612-766-1600
13
14 JESSIE PELLANT (CO SBN: 42096)*
STUDIOIP
15 600 17th St., Suite 2800
Denver, CO 80202
16 Telephone: 720-443-1773
17 *Pro hac vice applications forthcoming
18 ATTORNEYS FOR PLAINTIFF
19
20 UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
21
THE CALIFORNIA BEACH CO., LLC., Case No.
22
Plaintiff,
23
v. COMPLAINT FOR PRELIMINARY
24 INJUNCTIVE RELIEF VIOLATIONS
MR. HAN XIAN DU, OF DIGITAL MILLENNIUM
25 COPYRIGHT ACT
Defendant.
26 JURY TRIAL DEMANDED
27
28
COMPLAINT
Case 4:19-cv-08426-YGR Document 1 Filed 12/26/19 Page 2 of 9
1 Plaintiff The California Beach Co., LLC., (“CBC”) brings this complaint against
2 Defendant Han Xian Du because Defendant knowingly made material misrepresentations to
3 multiple third-party online social media and retail platforms including Facebook, Inc.
4 (“Facebook”) and Amazon.com, Inc. (“Amazon”) by submitting DMCA takedown requests
5 falsely alleging that content on CBC’s Facebook and Instagram pages, and CBC products
6 available on Amazon, violated his copyrights. As a result, CBC’s content was removed from
7 Instagram and its Facebook page was completely shut down in the heart of the Christmas
8 shopping season causing CBC hundreds of thousands of dollars in lost sales and immeasurable
9 additional harm in the form of loss of consumer goodwill. Also, on December 25, 2019, CBC’s
10 playpen product was removed from Amazon.com.
11 The harm to CBC is irreparable, substantial, ongoing and will not stop unless immediate
12 relief is granted. In support of its Complaint, CBC alleges as follows:
13 NATURE OF THE ACTION
14 1. This is a civil action for violation of the Digital Millennium Copyright Act
15 (“DMCA”), based on Defendant’s wrongful and fraudulent takedown notice of Plaintiff’s
16 Facebook page.
17 PARTIES, JURISDICTION AND VENUE
18 2. CBC is the exclusive distributor of the POP N GO PLAYPEN—a compact, durable
19 and portable kids’ playpen. CBC sells its POP N GO PLAYPEN through various sales outlets
20 including its website and social media accounts, where CBC transacts the vast majority of its
21 business. CBC is the exclusive patent licensee of the rights conferred under United States Patent
22 Number D862,913 (the ‘913 Patent) entitled the “Playpen with Canopy,” and the POP N GO
23 PLAYPEN is an embodiment of the ornamental design claimed in the ‘913 Patent. CBC also
24 owns United States Trademark Registration No. 5,869,723 (the ‘723 Trademark) for POP N GO
25 PLAYPEN. CBC is headquartered at 8601 Lincoln Blvd Suite 180-560, Los Angeles, CA 90045.
26 3. On information and belief, Mr. Han Xian Du (“Defendant”) is an individual living
27 and working in Shenzhen, China. Defendant supplies a knockoff playpen (the “Knockoff”) to
28
-1- COMPLAINT
Case 4:19-cv-08426-YGR Document 1 Filed 12/26/19 Page 3 of 9
1 Exqline, Inc. which in turn sells the Knockoffs in United States. Although Defendant’s physical
2 address is unknown to CBC, Defendant’s email address is duhanxian@hotmail.com.
3 JURISDICTION AND VENUE
4 4. CBC realleges and incorporates by reference, as if fully set forth herein, the
5 allegations in Paragraphs 1-3 above.
6 5. This Court has subject matter jurisdiction over CBC’s claims, as the Complaint
7 presents a well-pleaded federal question under to the U.S. Copyright Act (17 U.S.C. §§ 101 et
8 seq.), 28 U.S.C. §§ 1331 and 1332.
9 6. This Court has specific personal jurisdiction over Defendant. Defendant
10 purposefully directed his activities toward California by filing a takedown notice with Facebook,
11 Inc. (a California company), pursuant to the DMCA (a United States law), against CBC (also a
12 California company). Defendant on December 19, 2019 filed DMCA takedown requests with
13 Facebook, Inc. fraudulently demanding the removal of content from CBC’s Facebook and
14 Instagram pages. In S.E.C. v. Ross, the Ninth Circuit wrote that “[i]n general, ... a party has
15 consented to personal jurisdiction when the party took some kind of affirmative act—accepting a
16 forum selection clause, submitting a claim, filing an action—that fairly invited the court to resolve
17 the dispute between the parties.” 504 F.3d 1130, 1149 (9th Cir. 2007). Filing of a DMCA
18 takedown notice with a California company, against another California company is enough to
19 establish specific personal jurisdiction. See, e.g., Automattic Inc. v. Steiner, 82 F. Supp. 3d 1011,
20 1025 (N.D. Cal. 2015).
21 7. This Court also has personal jurisdiction over Defendant based on Defendant’s
22 acceptance of the Facebook terms of service. Moreover, Facebook utilizes terms of service that
23 must be accepted by any Facebook user or an entity seeking enforcement by Facebook. Paragraph
24 4 of the “Additional Provisions” of Facebook’s terms of service call for all disputes to be
25 “resolved exclusively in the U.S. District Court for the Northern District of California or a state
26 court located in San Mateo County.” Paragraph 4 goes on to state that “[y]ou agree to submit to
27 the personal jurisdiction of either of these courts for the purpose of litigating any such claim.”
28 Defendant’s use of Facebook makes it subject to personal jurisdiction in this forum. See Steiner,
-2- COMPLAINT
Case 4:19-cv-08426-YGR Document 1 Filed 12/26/19 Page 4 of 9
1 82 F. Supp. 3d at 1022 (N.D. Cal. 2015) (“Here, Defendant’s conduct of accepting the terms of
2 service is sufficient to constitute consent to personal jurisdiction in California.”) (citing Ross, 504
3 F.3d 1130; Craigslist, Inc. v. Naturemarket, Inc., No. C 08–5065 PJH, 694 F. Supp. 2d 1039,
4 1052–53 (N.D.Cal.2010) (“the [c]ourt may properly exercise personal jurisdiction over Defendants
5 based on their consent to the forum selection clause in the [terms of use agreement]”).
6 8. Venue is proper in this judicial district pursuant to 28 U.S.C. § 139l(c). Defendant
7 is a resident of Shenzhen, China and not a resident of the United States and may be sued in any
8 judicial district.
9 FACTUAL BACKGROUND
10 CBC’S BUSINESS
11 9. CBC was launched by two parents who worked for years to find a great, portable,
12 lightweight playpen that was well built. They teamed up with a top outdoor-goods manufacturer
13 and in 2018 launched a successful Kickstarter campaign raising over $395,000 in the first 30-days.
14 Since that time CBC’s innovative Pop N’ Go® playpen has become a highly successful outdoor
15 playpen product. As a result, numerous entities across the world have attempted to copy the
16 innovative design of the Pop N’ Go® playpen and appropriate the goodwill embodied by Pop N’
17 Go® brand that has been built up by CBC at great expense.
18 10. CBC sells its products through various channels including its website, Amazon.com
19 and other third-party retailers.
20 11. CBC’s sales are driven primarily through its social media presence on Instagram
21 and Facebook. Indeed, Instagram and Facebook are critical marketing platforms for CBC, and the
22 holiday sales seasons during late December and early January are critical sales months for CBC.
23 CBC also sells its products through its own website, Amazon.com, and other third-party retailers;
24 however, customers nearly always first learn about CBC’s products on the Instagram or Facebook
25 social media platforms.
26 12. Approximately 98% CBC’s monthly revenue derives from CBC’s
27 Facebook/Instagram presence. The social and direct searches that result in sales are from those
28 consumers purchasing CBC’s product through a direct link from Facebook or IG or by searching
-3- COMPLAINT
Case 4:19-cv-08426-YGR Document 1 Filed 12/26/19 Page 5 of 9
1 for “POP N GO” in the Google search bar or on Amazon, after learning the product name via
2 advertising on social media platforms.
3 DEFENDANT’S FRAUDULENT DMCA REQUESTS
4 13. In 2018, Defendant purchased a set of playpens from Yiwu Sanhe Outdoor Product
5 Co. in 2018 and sold them to Exqline, a competitor of CBC’s, for distribution and resale. Shortly
6 after the sale, Yiwu Sanhe Outdoor Product Co. entered into an exclusive distribution agreement
7 with CBC.
8 14. Defendant, a customer of Yiwu Sanhe Outdoor product Co., is not the inventor of
9 the POP N GO PLAYPEN and has no ownership interest in it or any of the intellectual property
10 rights associated with the manufacture, advertising and sale of the POP N GO PLAYPEN or
11 associated marketing materials—including the copyrights.
12 15. Upon information and belief Defendant took the design of the POP N GO
13 PLAYPEN to another manufacturer in China to have produced and consequently sold to Exqline
14 without any rights to the intellectual property.
15 16. On December 18 and 19, 2019, Defendant through the email address
16 duhanxian@hotmail.com submitted DMCA take down requests for copyright infringement to
17 Facebook and Instagram to remove content on the CBC Facebook and Instagram accounts that
18 Defendant alleged violated Defendant’s copyrights (the “Facebook Content” and the “Instagram
19 Content”).
20 17. All of the content posted on CBC’s Facebook and Instagram pages (the “CBC
21 Content”) was solely created by or on behalf of CBC and is solely owned by CBC. The CBC
22 content does not include, reference, or relate to any written, audio, visual, or other works created
23 by or for any entity other than CBC.
24 18. Defendant has no rights, whether under U.S. Copyright Law or otherwise, in the
25 CBC Content.
26 19. The CBC Instagram Content was removed on December 19, 2019.
27 20. CBC’s entire Facebook account was disabled on December 19, 2019.
28
-4- COMPLAINT
Case 4:19-cv-08426-YGR Document 1 Filed 12/26/19 Page 6 of 9
1 21. CBC reached out to Facebook and Instagram through several emails and the appeal
2 process in order to notify Facebook and Instagram that the take downs and infringement report
3 were fraudulent.
4 22. CBC also contacted duhanxian@hotmail.com regarding the takedown, requesting
5 information relating to the allegedly infringing material that was requested to be removed from
6 CBC’s Facebook and Instagram pages. Defendant has not responded to CBC’s communications as
7 of the date of this Complaint.
8 23. CBC and counsel have not received a response from Facebook, Instagram, or
9 duhanxian@hotmail.com regarding the retraction of the fraudulent infringement report as of the
10 date of filing of this Complaint.
11 24. At no point has CBC ever posted on its Facebook or Instagram pages content
12 belonging to Defendant or any of Defendant’s affiliates.
13 25. On December 25, 2019 CBC experienced another take-down resulting from a
14 DMCA notification. Specifically, CBC’s playpen product named “THE PLAYPEN” was taken
15 off of Amazon.com in response to a DMCA takedown notification.
16 26. Amazon provided a name of the “rights owner” responsible for filing the DMCA
17 takedown notification as “Smartgpsbd Davis.” The corresponding email provided was
18 smartgpsbd@outlook.com.
19 27. On December 26, 2019, CBC reached out to the email address to inquire regarding
20 the grounds of the DMCA notification, but had not received a response as of the date of this
21 Complaint.
22 28. On information and belief, the Amazon takedown is part of the same effort by
23 Defendant to harm CBC’s business.
24 29. With the listing of the THE PLAYPEN removed from Amazon, any sales related to
25 the product on Amazon are halted, resulting in further damages to CBC that will only be alleviated
26 when the that product is reinstated.
27 30. At no point has CBC ever included on its Amazon product pages content belonging
28 to Defendant or any of Defendant’s affiliates.
-5- COMPLAINT
Case 4:19-cv-08426-YGR Document 1 Filed 12/26/19 Page 7 of 9
1 CLAIM FOR RELIEF
(Misuse of Copyright - False Takedown Notification Under 17 U.S.C. § 512)
2
3 31. CBC realleges and incorporates by reference, as if fully set forth herein, the
4 allegations in Paragraphs 1-24 above.
5 32. On or about December 19, 2019, Defendant signed a declaration and submitted it to
6 Facebook that the CBC Facebook Content violated the copyrights of Defendant. That Claim was
7 false, as the entirety of the CBC Facebook Content was created by or on behalf of CBC and
8 Defendant has no rights, under U.S. Copyright Law or otherwise, in the CBC Facebook Content.
9 33. Defendant knowingly and materially misrepresented to Facebook under the DMCA
10 takedown policy that the CBC Facebook Content violated his copyrights.
11 34. As a result of Defendant’s intentional misrepresentation, Facebook disabled CBC’s
12 entire Facebook account.
13 35. On or about December 19, 2019 Defendant also signed a declaration and submitted
14 it to Instagram (which is owned by Facebook) that the CBC Instagram Content violated the
15 copyrights of Defendant. That Claim was false, as the entirety of the CBC Instagram Content was
16 created by or on behalf of CBC and Defendant has no rights, under U.S. Copyright Law or
17 otherwise, in the CBC Instagram Content.
18 36. Defendant knowingly and materially misrepresented to Instagram under the DMCA
19 takedown policy that the Instagram Post violated his copyrights.
20 37. As a result of Defendant’s intentional misrepresentation to Instagram, Facebook,
21 Inc. removed the Instagram Post from CBC’s Instagram page.
22 38. Defendant knowingly and materially misrepresented to Amazon under the DMCA
23 takedown policy that the “THE PLAYPEN” violated his copyrights.
24 39. As a result of Defendant’s intentional misrepresentation to Amazon, Amazon
25 removed the “THE PLAYPEN” from Amazon.com.
26 40. CBC contacted Defendant and requested that he identify his copyrighted content
27 and informed him that his assertions were incorrect and that none of CBC’s content violated his
28 copyrights. Defendant has not responded to CBC.
-6- COMPLAINT
Case 4:19-cv-08426-YGR Document 1 Filed 12/26/19 Page 8 of 9
1 41. Defendant’s intentional acts and conduct as alleged above have damaged and will
2 continue to damage CBC, including in the form of pecuniary loss and general decline in business,
3 and have resulted in an wrongful gain of sales to Defendants in an amount unknown at the present
4 time. CBC is losing an estimated $100,000 every week its CBC Facebook and Instagram pages
5 are down, separate and apart from the immeasurable irreparable harm faced by CBC in the form of
6 crippling loss of consumer goodwill.
7 PRAYER FOR RELIEF
8 42. WHEREFORE, CBC respectfully requests judgment as follows:
9 43. For permanent injunctive relief prohibiting Defendant, his agents, or anyone
10 working for, in concert with or on behalf of Defendant from engaging in activity in violation of the
11 DMCA;
12 44. That Defendant be adjudged to have violated 17 U.S.C. § 512 of the DMCA by
13 intentionally, knowingly and materially representing to Facebook through its DMCA takedown
14 procedure that CBC’s Facebook Content and Instagram Content violated any copyrights of
15 Defendant;
16 45. That CBC recover its costs and attorneys’ fees;
17 46. That Defendant’s DMCA takedown requests alleging copyright infringement by
18 CBC be withdrawn from Facebook and Instagram;
19 47. That CBC be granted prejudgment and post-judgment interest, and;
20 48. That the Court grant CBC such other and further relief as the Court deems just and
21 proper.
22
23 REQUEST FOR TRIAL BY JURY
24 Plaintiff California Beach Co., LLC respectfully requests a trial by jury on all issues so
25 triable.
26
27
28
-7- COMPLAINT
Case 4:19-cv-08426-YGR Document 1 Filed 12/26/19 Page 9 of 9
1 FAEGRE BAKER DANIELS LLP
Dated: December 26, 2019
2
3
By: Calvin L. Litsey
4 CALVIN L. LITSEY (CA SBN: 289659)
5 950 University Avenue, Suite 450
East Palo Alto, CA 94303
6 Telephone: 650-324-6700
Facsimile: 650-324-6701
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Attorneys for Plaintiff,
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CALIFORNIA BEACH COMPANY
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-8- COMPLAINT
| 2019-12-26T00:00:00 | 2,713 | 3,526.9 |
2 | AO 106 (Rev. 04/10) Application for a Search Warrant
UNITED STATES DISTRICT COURT
for the
Middle District of North Carolina
In the Matter of the Search of
(Briefly describe the property to be searched
or identify the person by name and address)
Case No. 1:19MJ384
Information related to the Dropbox account 519359234
APPLICATION FOR A SEARCH WARRANT
I, a federal law enforcement officer or an attorney for the government, request a search warrant and state under
penalty of perjury that I have reason to believe that on the following person or property (identify the person or describe the
? TO sala ats 12 TOpbOX | ccount 519359234 with email p_4 _r_4 d 0 x@hotmail.com, stored at premises
owned, maintained, controlled or operated by Dropbox, Inc. as further described in Attachment A.
located in the Northern District of California , there is now concealed (identify the
person or describe the praperty to be seized):
Evidence of, instrumentalities used in committing, and fruits of the crimes of 18 U.S.C. Sections 2252A(a)(2)(A) and
2252A(a)(5)(B) as further described in Attachment B.
The basis for the search under Fed. R. Crim. P. 41(c) is (check one or more):
wf evidence of a crime;
wm contraband, fruits of crime, or other items illegally possessed;
property designed for use, intended for use, or used in committing a crime;
[1 a person to be arrested or a person who is unlawfully restrained.
The search is related to a violation of:
Code Section Offense Description
18 U.S.C. § 2252A(a)(2)(A) Receipt/Distribution of Child Pornography
18 U.S.C. § 2252A(a)(5)(B) Possession of Child Pornography
The application is based on these facts:
mt Continued on the attached sheet.
O Delayed notice of days (give exact ending date if more than 30 days: ) is requested
under 18 U.S.C. § 3103a, the basis of which is set forth on the attached sheet.
Applicant's signature (\
M.C. Glenn Covington, HSI Special Agent
Printed name and title
Sworn to before me and signed in my presence.
Date: [2/ 49 (Li 25am
City and state: Winston Salem, North Carolina ; Joi Elizabeth Peake, U.S. Magistrate Judge
Printed name and title
Judge's signature
Case 1:19-mj-00384-JEP Document 1 Filed 12/11/19 Pane 1 of 29
AFFIDAVIT IN SUPPORT OF
AN APPLICATION FOR A SEARCH WARRANT .
I, Special Agent M.C. Glenn Covington with the Department of
Homeland Security (DHS), Homeland Security Investigations (HSD, currently
assigned to Cary, North Carolina, being first duly sworn, hereby make the
following statement in support of an application for a search warrant:
INTRODUCTION
1. I make this affidavit in support of an application for a warrant to
search information related to Dropbox accounts 519359234 and 193876494
with email - ' addresses p47 4d 0_x@hotmail.com
paradoxincorporated@gmail.com, respectively (hereafter “SUBJECT
ACCOUNTS’). The information is stored at premises owned, maintained,
"controlled, or operated by Dropbox, Inc., a company headquartered at 185
Berry Street, San Francisco, California 94107. This affidavit is made in
support of an application for a search warrant under 18 U.S.C. §§ 2703(a),
2703(b)( 1 (A) and 2703(c)( 1 )(A) to require Dropbox, Inc. to disclose to the
government records and other information in its possession, pertaining to the
SUBJECT ACCOUNTS.
2. I am investigating Philip Stephen STALLINGS (hereafter
STALLINGS) for distribution, receipt, and possession of child pornography and
I have probable cause to believe that contraband and evidence of a crime, fruits
Case 1:19-mj-00384-JEP Document 1 Filed 12/11/19 Pane 2? of 29
of a crime, and instrumentalities of violations of Title 18, United States Code,
Sections 2252A(a)(2)(A) and 2252A(a)(5)(B) are located within the SUBJECT
ACCOUNT. :
3. The statements in this Affidavit are based in part on information
provided by other law enforcement officers and on my investigation of this
. matter. Since this affidavit is being submitted: for the limited purpose of
securing a search warrant, I have not included each and every fact known to
me concerning this investigation. I have set forth only the facts that I believe
are necessary to establish probable cause to believe that contraband and
evidence, fruits, and instrumentalities of violations of 18 U.S.C, §§
22.52.A(a)(2)(A) and 22.52A(a)(5)(B) are presently located within the SUBJECT
ACCOUNTS. |
AFFIANT BACKGROUND
A, I am a Special Agent with the Department of Homeland Security
(DHS), Homeland Security Investigations (HSD, currently assigned to Cary,
North Carolina and have been so employed since October 2009. I am
responsible for investigations involving the production, : importation,
advertising, receipt, and distribution of child pornography which occur in the
Middle District of North Carolina, I was previously employed as a United
States Postal Inspector for five years in Richmond, VA and was responsible for
child exploitation investigations involving the U.S. Mail. I have participated
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Case 1:19-mj-00384-JEP Document 1. Ejled 12/11/19 Paqe 2 0f 29
in over 400 child pornography investigations. I have received training in the
area of child pornography and child sexual exploitation as well as specialized
instruction on how to conduct investigations of child sexual exploitation and
child pornography crimes through the United States Postal Inspection Service,
the FBI and the Department of Justice. I have also received specialized
training from the Internet Crimes Against Children Task Force seminars and
at the Dallas, Texas Advocacy Center’s Crimes Against Children Training
Conference.
STATUTORY AUTHORITY
5. As noted above, this investigation concerns violations of the
following statutes:
a. 18 U.S.C. § 2252A(a)(2)(A) prohibits a person from knowingly receiving
or distributing child pornography, as defined in 18 U.S.C. § 2256(8),
using any means and facility of interstate and foreign commerce, that
has been mailed, or that has been shipped and transported in and
affecting interstate and foreign commerce by any means, including by
computer. Attempts and conspiracies are also violations of this statute.
18 U.S.C. § 2252A(b)(1).
b. 18 U.S.C. § 2252A(a)(5)(B) prohibits a person from knowingly possessing
or knowingly accessing with intent to view any material that contains an
image of child pornography, as defined in 18 U.S.C. § 2256(8), that has
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Case 1°19-m)-00384-.JEP Document 1 Filed 12/11/19 Page 4 of 29
been mailed, shipped or transported using any means or facility of
interstate or foreign commerce or in or affecting interstate or foreign
commerce by any means, including by computer, or that was produced
using materials that have been mailed or shipped or transported in or
affecting interstate or foreign commerce by any means, including by
computer. Attempts and conspiracies are also violations of this statute.
!
18 U.S.C. § 2252A(b)(2):
DROPBOX f
6. Dropbox Inc. is a file hosting and sharing service operated by
Dropbox ‘Ine., which is headquartered in San Francisco, California and is an
electronic communication service, as defined in 18 U.S.C. § 2510(15), and/or a
remote computer service, as defined in.18 U.S.C. § 2711(2). Dropbox.com offers '
to its users cloud storage, file synchronization, personal cloud, and client
software. Online storage mediums, such as Dropbox, make it possible for a user
to access saved files without the requirement of storing said files on their own
computer or other device. A Dropbox user can store digital filés within a special
folder on the user’s device, and these files can be synchronized so the same
folder with all the same digital content is accessible on each of the user’s other
devices which have the Dropbox application installed and synched with the
user’s account. Files placed in these folders may be accessed through the
Dropbox website and through desktop and mobile device applications.
Case 1:19-mj-00384-JEP Document 1 Filed 12/11/19 Pane 5 of 29
7 Dropbox users can share access to their digital files with others
by using the built in option to create URL hyperlinks to their Dropbox accounts
(“links”) and sending said links through email or social media accounts.
Dropbox users can also allow others to upload and download digital files stored
within specific shared folders in the user’s account. Dropbox has desktop
applications as well as mobile applications for Android, and iOS devices.
Dropbox collects information like the user’s name, email address, phone
numbers, payment info, and physical address. Dropbox also collects IP
addresses for the devices accessing the account, the type of browser, device
used, as well as identifiers associated with the user’s devices.
8. In some cases, Dropbox account users will communicate directly
with Dropbox about issues relating to the account, such as technical problems,
billing inquiries, or complaints from other users. Online storage providers
typically retain records about such communications, including records of
contacts between the user and the provider’s support services, as well records
of any actions taken by the provider or user as a result of the communications.
BACKGROUND ON KIK AND KIK REPORTS
9. Kik Messenger (hereinafter “Kik”) is a mobile application designed
for chatting or messaging that was, until recently, owned and operated by Kik
Case 1:19-mj-00384-JEP Document 1 Filed 12/11/19 Pane 6 of 29
Case 1:19-mj-00384-JEP Document 1 Filed 12/11/19 Pane 7 of 29
Interactive, Inc.! According to the document “Kik’s Guide for Law
Enforcement,” to use this application, a user downloads the application to a
mobile phone, computer, or other digital device via a service such as the iOS
- App Store, Google Play Store, Apple iTunes, or another similar provider. Once
the application is downloaded and installed, the user is prompted to create an
| ‘account and username. The user also creates a display name, which is a name
that other users see when transmitting messages back and forth. Once the user
has created an account, the user is able to locate other users via a search
feature. While messaging, users can then send -each other text messages,
images, and videos.
10. According to “Kik’s Guide for Law Enforcement,” Kik users are
also able to create chat groups with a limited number of individuals to
communicate in a group setting and exchange text messages, images and
videos. These groups are administered by-the group creator who has the
authority to remove and ban other users from the created group. Once the
group is created, Kik users have the option of sharing a link to the group that
includes all of their contacts or any other user. These groups are frequently
created with a group name containing a hashtag (#) that is easily identifiable -
or searchable by keyword.
1Tn October 2019, United States based company, MediaLab, acquired the Kik
Messenger application.
Case 1:19-mj-00384-JEP Document 1 Filed 12/11/19 Pane 8 of 29
11. According to information provided to HSI by a Kik Law
| Enforcement Response Team Lead, Kik's Terms of Service prohibit Kik users
from uploading, posting, sending, commenting on, or storing content that
contains child pornography and/or child abuse images. The Terms of Service
also provide that Kik may review, screen and delete user content at any time
if Kik believes use of their services are in violation of the law. According to Kik,
Kik has a strong business interest in enforcing their Terms of Service and
ensuring that their services are free of illegal content, and in particular, child
sexual abuse material. Accordingly, Kik reports that it’‘independently and —
voluntarily takes steps to monitor and safeguard their platform and that .
ridding Kik products and services of child abuse images is critically important
to protecting their users, product, brand, and business interests.
12. Kik Interactive, Inc. is located in Ontario, Canada and is governed
by Canadian law. According to information contained in the “Kik Interactive,
Inc. Child Sexual Abuse and Ilegal Material Report and Glossary” (hereinafter
Kik Glossary), which Kik Interactive, Inc. provided when reporting
information to law enforcement authorities, Kik Interactive, Inc. was
mandated to report to the Royal Canadian Mounted Police (RCMP) any images
and/or videos that would constitute suspected child pornography under
Canadian law which were discovered on the Kik platform. According to the Kik
Glossary, Kik was typically alerted to suspected child pornography on Kik
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based on digital hash value matches to previously identified child pornography
or through reports from other Kik users or third party moderators. .
13. According to the Kik Glossary, Kik enables users to report other
users who have abused or harassed them within the application, using an in-
application reporting feature. When a Kik user reports another user, they have
' the option to include their full conversation history, including text, and any
images or videos sent between them. Kik refers to this type of report as an
“Abuse Report.” |
14. According to the Kik Glossary, Kik uses PhotoDNA to
automatically scan user-uploaded files in order to flag content that may depict
suspected child pornography and prevent such images from continuing to
circulate through their application. When PhotoDNA detects a suspected child
pornography file, it creates a Report and sends it to the Kik Law Enforcement
team. Kik refers to this type of report as a “PhotoDNA Report.”
15. According to information provided by a Kik Law Enforcement
Response Team Lead, all suspected child pornography images and videos
reported via a PhotoDNA Report or an. Abuse Report, as well as any related
user communications, are visually réviewed by a member of the Kik Law
Enforcement Response team before a report is forwarded to law enforcement
authorities. Kik trains employees comprising its Law Enforcement Response
team on the legal obligation to report apparent child pornography. The Team
“
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is trained on the Canadian statutory definition of child pornography and how
to recognize it on Kik products and services. Kik voluntarily makes reports to
law enforcement in accordance with that training. After Kik discovers
suspected child pornography, Kik removes the content from its
communications system and closes the user’s account.
16. The.RCMP has advised Homeland Security Investigations (HSJ)
agents that upon receiving a report from Kik related to suspected child
pornography, the RCMP reviewed the reported IP addresses of the Kik users
contained in the Kik Reports to determine their location. The RCMP then
provided Kik Reports of Kik users in the United States to HSI in Ottawa,
Canada, who in turn provided the Kik Reports to the HSI Cyber Crimes Center
(C3) Child Exploitation Investigations Unit (CEIV) located in Fairfax, Virginia
for analysis and dissemination.
BACKGROUND OF THE INVESTIGATION
17. In December 2018, HSI received three Kik reports for three
separate Kik users, “paradox.inc”, “.mrparadox.”, and “_mrparadox_”. The
reports concerned the same JP address and the same image of child
pornography.
Kik Report for Username “paradox.inc’”:
18. On December 3, 2018, HSI received a Kik Report concerning user
Case 1:19-mj-00284-JEP Document 1. Filed 12/11/19 Pane 11 of 29
“paradox.inc”. The report revealed that, on November 30, 2018 at 12:59 PM
EST, paradox.inc used IP address 107.165.247.146 to upload a child
pornography image to Kik’s servers. Kik was alerted to the image by a
PhotoDNA Report. I have reviewed the image and it depicts the following:
Two minor females ages 7 to 11 years old squatting on a table with
their arms behind them and legs spread apart exposing their
genitals in sexually explicit manner. On the right corner of the
image appears the phrase “LS-Magazine”. ,
19. Subscriber records for paradox.inc provided by Kik reveal a
“registration timestamp” of November 26, 2018 at 10:30 EST. The user listed
his first name as “Paradox” and his last name as “Inc”. The user provided an
email of “fuckoff4@fuckoff4.com” and a date of birth May 1, 1980. The Kik
records list the email as unconfirmed.? The user’s device is identified asa
Samsung Galaxy J 3 Emerge (model number: SM-J327P).
20. <A Kik IP address log reveals that Kik user paradox.ine used IP
address 107.15.247.146 fifty-nine times between November 26, 2018 and
November 30, 2018. Further, it is the only IP address listed in the log.
Kik Report for Username “.mrparadox.”:
21. On December 24, 2018, HSI received a Kik Report concerning user
2 “Unconfirmed” means either that the email address is either invalid, or the
user received a confirmation email from Kik but didn’t click on the link to
confirm. °
LO
Case 1:19-mj-003284-JEP Document 1 Filed 12/11/19 Pane 12 of 29
“ mrparadox.”. The report reveals that, on December 22, 2018 at 1:37 AM EST,
-mrparadox. used IP address 107.15.247.146 to send a child pornography image
to another user(s) via a Kik chat. Kik was alerted to the image by a Kik user
who lodged an Abuse Report. I have reviewed the image and it depicts the
following:
Two minor females ages 7 to 11 years old squatting on a table with
their arms behind them and legs spread apart exposing their
genitals in sexually explicit manner. On the right corner of the
image appears the phrase “LS-Magazine”.
22. Subscriber records for .mrparadox. provided by Kik reveal a
“registration timestamp” of December 19, 2018 at 10:12 AM EST. The user
listed his first name as “Paradox” and his last name as “Inc”. The user provided
an email of.“fuckoff1 2fuckoff12.com” and a date of birth May 1, 1980. The Kik
records list the email as unconfirmed. The user’s device is identified as a
Samsung Galaxy J3 Emerge (model number: SM-J327P).
23. A Kik IP address log reveals that Kik user -mrparadox. used JP
address 107.15.247.146 numerous times between December 19, 2018 and
December 22, 2018. Further, it is the only IP address listed in the log.
Kik Report for Username “ mrparadox _”:
24. On December 24, 2018, HSI received a Kik Report concerning user
“ mrparadox_”. The report reveals that, on December 22, 2018 at 2:31 AM EST,
_mrparadox_ used IP address 107.15.247.146 to send a child pornography
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image to another user(s) via a Kik chat. Kik was alerted to the image by a Kik
user who lodged an Abuse Report. I have reviewed the image and it depicts the
following:
Two minor females ages 7 to 11 years old squatting on a table with
their arms behind them and legs spread apart exposing their
genitals in sexually explicit manner. On the right corner of the
Image appears the phrase “LS-Magazine”.
25. Subscriber records for _mrparadox_.provided by Kik reveal a
“registration timestamp” of December 22, 2018 at 2:26 AM EST. The user listed
his first name as “Paradox” and his last name as “Inc”. The user provided an
email of “fuckoff13fuckoff13.com” and a date of birth May 1, 1980. The Kik
records list the email as unconfirmed. The user’s device is identified as a
Samsung Galaxy J3 Emerge (model number: SM-J327P).
26. AKik IP address log reveals one entry for_mrparadox_, IP address
107.15.247.146 on December 22, 2018 at 2:26 AM EST.
Identification of Durham Residence:
27. <A query of the American Registry for Internet Numbers “ARIN”)
online database revealed IP address 107.15.247.146 as being registered to
Charter Communications Inc. |
28. An administrative summons was issued to Charter
Communications, Inc. for account subscriber information for the individual
assigned IP address 107.15.247.146. As a result of the summons, Charter
12
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Case 1:19-mj-003284-JEP Document 1 Filed 12/11/19 Pane 14 of 29
Communications, Inc. provided the following account information;
Subscriber Name: Philip STALLINGS —
Subscriber Address: 2691 Hitchcock Dr. Durham, NC 27705
Phone Number: (919) 685-5567
The Charter Communications, Inc. records indicate that JP address
107.15.247.146 was assigned to the account of Philip STALLINGS account
from at least June 8, 2018 to January 4, 2019.
29. A search of a public records database that provides names, dates
of birth, addresses, associates, telephone numbers, email addresses, and other
information was conducted for Philip STALLINGS. These public records
indicated that Philip STALLINGS’s current address was 2691 Hitchcock Dr.,
Durham, North Carolina 27705 (the SUBJECT PREMISES) and his date of
birth is December 29, 1978. On or about April 26, 2019, representatives of the
U.S. Postal Service informed me that Philip STALLINGS was receiving mail
at the SUBJECT PREMISES. On June 4, 2019, I rang the doorbell at the
SUBJECT PREMISES and Philip Stephen STALLINGS answered the door
and I asked if he was “Tom Covington.” STALLINGS answered no and I left.
30. On June 18, 2019, in the Middle District of North Carolina,
Magistrate Judge L. Patrick Auld issued a warrant ‘(1:19mj205) authorizing
the search of the SUBJECT PREMISES.
81. On June 18, 2019, I conducted an open source check on Google for
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Case 1:19-mj-00384-JEP Document 1 Filed 12/11/19 Pane 16 of 29
“Philip Stallings, Durham, NC” and located a link for “Images for Philip
Stallings, Durham, NC”. I clicked the link and observed a screenshot of a
Facebook page purportedly belonging to “Philip STALLINGS” with a
photograph (profile picture) of STALLINGS on the bottom left hand corner of
the screenshot. In parentheses under STALLINGS’s name is the name “Mr-
Paradox”. - -
32, On June 19, 2019 at approximately 6:18 AM, I and other law
enforcement officers executed the search warrant at the SUBJECT
PREMISES. Entry was made into the residence and no one was at home. There
was one bedroom in.the residence. Agents located several computers, hard
drives, and thumb drives. It appeared that Philip STALLINGS resided at the
‘residence by himself; though a few articles of female clothing were located in
the closet. STALLINGS’s identification card was in a wallet that was located |
on the kitchen counter. .
33. Durham County Sheriff s Office (DCSO) deputies located Stallings
at Coffee World, 3799 Guess Road, Durham, North Carolina 27705.
STALLINGS was arrested pursuant to a 2017 unserved state warrant for
Cyberstalking issued in Durham County. Search incident to arrest, a silver
Samsung cell phone was recovered from Philip STALLINGS’s person.
34. <A forensic preview was conducted on a Hewlett Packard laptop
t
computer that was found in the bedroom of the SUBJECT PREMISES. The
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preview revealed hundreds of images/videos of minor females lasciviously
displaying their genitalia. I recognized some of the content to be consistent -
with “LS Models” child pornography series which I have encountered in
previous investigations. Also observed on the laptop during the preview was a
Paltalk user account name of “Mr.Paradox” and a Skype ID of
“mister.paradox”. A subsequent more thorough forensic examination of the
laptop revealed that it contained over 2000 files depicting child pornography.
These files included adults engaging in sexual acts with minors
35. . STALLINGS’s silver Samsung cell phone was forensically
examined. The examination revealed four images depicting child pornography |
located at the following file path:
Media/Phone/Android/data/com.dropbox.andriod/files/u193876494/scratch/K-
Grade. The files are described below:
A color image of a 5 to 8-year-old naked female sitting on the bed with
her legs spread apart exposing her genitals. .
A color image of an infant/toddler female with her genitals exposed and
an adult finger is inserted into the infant/toddlers anus.
A color image of a 8 to 5-year-old female laying on an adult male. The .
male’s penis is touching the female’s genitals.
A color video of an adult male inserting his penis into a 4 to 6 year old
female’s-anus.
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36. The forensic examination of the silver Samsung cell phone also
revealed one video depicting child pornography located at the following file
path: :
Media/Phone/Android/data/com.dropbox.android/files/u193876494/seratch/Mo
vies. The file is described below:
A color video of an adult male inserting his penis into a 4 to 6-year-old
female’s anus.
37. Based on my training and experience, as well as conversations
with other law enforcement officers that investigate child exploitation cases, I
know that individuals who use Kik Messenger to traffic in child pornography
often store child pornography in Dropbox accounts and share child
pornography on Kik Messenger via Dropbox hyperlinks. In fact, this has
become one of the more common means of storing and disseminating child .
pornography.’
38. Dropbox records reveal that the Dropbox account with User ID
193876494 is registered to “Paradox Incorporated” with a listed email address
of paradoxincorporated@gmail.com. Further, the IP address 107.15.247.146
was used by the account in June and October 2018. During the forensic
examination of STALLINGS’s HP laptop, several email addresses, including
paradoxincorporated@gmail.com, were found to have been associated with the
device. Specifically, the email addresses were autofill artifacts from the Opera
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web browser. This means that the email addresses were, at least once, input
into a field within the Opera web browser and recorded by the autofill function
of the web browser.
39. There is probable cause to believe that contraband and evidence,
fruits, and instrumentalities of violations of 18 U.S.C. §§ 2252A(a)(2)(A) and
2252A(a)(5)(B) are presently located within Dropbox account 193876494 with ~
listed email address paradoxincorporated@gmail.com. The probable cause is
based upon the fact that child pornography was located on three of
STALLINGS’s devices, the child pornography located on his phone was within
the file structure for Dropbox account with User ID 193876494 as described in
paragraphs 35 and 36, and STALLINGS used multiple Kik Messenger
accounts to send and/or receive child pornography and I know that individuals
who use Kik Messenger to interact with child pornography often store child
pornography using Dropbox.
40. A forensic examination was conducted on a loose WD internal hard
drive recovered from the SUBJECT PREMISES. The. examination revealed
over 1500 files depicting child pornography. These files included both
depictions of minors lasciviously displaying their genitalia and adults engaging
in sexual acts with minors. During the forensic examination of the hard drive,
have been associated with the device. Specifically, the email addresses were
17 .
Case 1:19-mj-003284-JEP Document 1 Filed 12/11/19 Pane 21 of 29
autofill artifacts from the Opera web browser. This means that the email
addresses were, at least once, input into a field within the Opera web browser —
and recorded by the autofill function of the web browser.
41. Dropbox records reveal that the Dropbox account with User ID
519359234 is registered to “DJ Paradox” with a listed email address of
by the account in July 2018.
42. There is probable cause to believe that contraband and evidence,
fruits, and instrumentalities of violations of 18 U.S.C. §§ 2252A(a)(2)(A) and
2252A(a)(5)(B) are presently located within Dropbox account 519359234
probable cause is based upon the fact that child pornography was located on
three of STALLINGS’s devices, child pornography located on STALLING’s
phone was within the file structure for a different Dropbox account as
described in paragraphs 35 and 36, and STALLINGS used multiple Kik
Messenger accounts to send and/or receive child pornography and I know that
individuals who use Kik Messenger to interact with child pornography often
store child pornography using Dropbox. |
INFORMATION REGARDING INFORMATION TO BE SEIZED
43. I anticipate executing this warrant under } the Electronic
Communications Privacy Act, in particular 18 U.S.C. §§ 2703(a), 2703(b)(1)(A)
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and 2703(¢)(1)(A), by using the warrant to require Dropbox Inc., to disclose to
the government copies of the records and other information (including the
content of communications) particularly described in Section I of Attachment
A. Upon receipt of the information described in ‘Section I of Attachment A,
government-authorized persons will review that information to locate the
items described in Section II of Attachment A.
44, Because the warrant will be served on Dropbox Inc., who will then
compile the requested records at a time convenient to Dropbox Inc., reasonable
cause exists to support execution of the requested warrant at any time day or
night.
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CONCLUSION
45. Based on the forgoing, I request that the Court issue the proposed
search warrant. This Court has jurisdiction to issue the requested warrant
because it is “a court of competent jurisdiction” as defined by 18 U.S.C. § 2711,
18 U.S.C. §§ 2703(a), (b)(1)(A) & (c)(1)(A). Specifically, the Court is “a district
court of the United States ... that — has jurisdiction over the offense being
investigated.” 18 U.S.C. § 2711(8)(A)(G). Pursuant to 18 U.S.C. § 2708(g), the
presence of a law enforcement officer is not required for the service or execution
of this warrant.
MCG lean Carer—
M.C. Glenn Covington
Special Agent
Homeland Security Investigations
Sworn and subscribed before me this | | day of December, 2019.
United States Magistrate Judge
Middie District of North Carolina
20
Case 1:19-mj-00384-JEP Document 1 Filed 12/11/19 Pane 24 of 29
ATTACHMENT A
Property to Be Searched
This warrant applies to records and other information related to the
stored at any premises owned, maintained, controlled, or operated by Dropbox,
Inc., a company headquartered at 185 Berry Street, San Francisco, California
94107.
Case 1:19-mj-003284-JEP Document 1 Filed 12/11/19 Pane 25 of 29
ATTACHMENT B
Particular Things to be Seized 4,
I. Information to be Disclosed by Dropbox Inc.
To the extent that the information described in Attachment A is within —
the possession, custody, or control of Dropbox Inc., including any information
that has been deleted but is still available to Dropbox Inc., or has been.
preserved pursuant to a request made under 18 U.S.C. § 2703(f), Dropbox
Inc. is required to disclose the following information to the government for
each account listed in Attachment A:
a. All files stored and presently contained in, or on behalf of, the account;
b. All transactional information of all activity of the account , including
log files revealing the upload, access, and deletion of files, creation or
elimination of folder structure, logs reflecting information regarding
access to the account, and IP address logs (e.g. IP address, port, date,
time, and time zone);
c. All information of’ any and all activity for any hyperlinks or other
access shared by the account, to include the file path of the contents,
the creation date of the hyperlink, the hyperlink expiration date, the
content made accessible via the hyperlink, all user settings established
for the hyperlink, information revealing identifiers (e.g. IP address) of
_the individuals who accessed the hyperlinks and time of access.
Case 1:19-mj-003284-JEP Document 1 Filed 12/11/19 Pane 26 of 29
d. All business records and subscriber information, in any form kept,
pertaining to the individual account, including subscribers’ registration
details, full names, addresses, billing’ addresses, shipping addresses,
date account was opened, length of service, the types of service utilized,
ESN (Electronic Serial Number) or other unique identifier for the
device(s) associated with the account, Social Security number, date of
birth, telephone numbers, purchase history, email and password
records, and other identifiers or records associated with the account;
e. All payment information, including dates and times of payments and
means and source of payment (including any credit or bank account
riumber. |
f. Any and all communications between Dropbox, Inc. and the subscribers
of the account.
II. Information to be Seized by the Government
All information described above in Section I that constitutes fruits,
evidence, and instrumentalities of violations of 2252A(a)(5)(B) and (a)(2)(A)
by the user(s) of the account identified on Attachment A, in the form of the
following:
a) records and information constituting child pornography, as defined in
\
18 U.S.C. 2256(8);
,
Case 1:19-mj-00384-JEP Document 1 Filed 12/11/19 Pane 27 of 29
b)
c)
d)
g)
h)
records and information constituting child erotica;
records and information revealing access to and/or trafficking of child
pornography and identity of those participating, to include information
about specific transactions and instances of access.
records and information revealing the sexual exploitation of or sexual
interest in any minor;
records and information constituting or revealing the identity and age
of any minor victim;
transactional and location information pertaining to any items
authorized to be seized under this section (Section Il), including log
files revealing the upload, access, and deletion of files, creation or
elimination of folder structure, and information reflecting access; .
records and information constituting or revealing participation in
groups or communication with others that provide or make accessible
child pornography; and
Records revealing or indicating who created and accessed the Dropbox
account identified in Attachment A; including records revealing
subscriber information, IP addresses, mobile devices used, and methods
of payment.
Case 1:19-mj-00384-JEP Document 1 Filed 12/11/19 Pane 28 of 29
As used above, the terms “records” and “information” includes all forms
of creation or storage, including any form of computer or electronic storage
(such as hard disks or other media that can store data).
Notwithstanding 18 U.S.C. § 2252/2252A or any similar statute or code,
Dropbox, Inc. shall disclose the responsive data by sending it to the below
listed contact.
Special Agent M. C. Glenn Covington
Homeland Security Investigations
40 Centrewest Court
Cary, NC 27518
Office: 919 673-8604.
Email: marycatherine.g.covington@ice.dhs.gov
Case 1:19-mj-003284-JEP Document 1 Filed 12/11/19 Pane 29 of 29
| 2019-12-11T00:00:00 | 5,439 | 7,070.7 |
3 | " Case 4:19-cv-03425-JST Document 79 Filed 12/11/19 Page 1 of 29\n\n\n\n 1 FABIO E. MARINO (SB(...TRUNCATED) | 2019-12-11T00:00:00 | 9,909 | 12,881.7 |
4 | " Case 2:19-cv-08972-CBM-FFM Document 21 Filed 12/06/19 Page 1 of 38 Page ID #:321\n\n\n (...TRUNCATED) | 2019-12-06T00:00:00 | 13,001 | 16,901.3 |
5 | " Case 4:19-cv-06669-JST Document 16 Filed 12/06/19 Page 1 of 33\n\n\n (...TRUNCATED) | 2019-12-06T00:00:00 | 13,915 | 18,089.5 |
6 | " 1\n (...TRUNCATED) | 2019-11-26T00:00:00 | 6,247 | 8,121.1 |
7 | " (...TRUNCATED) | 2019-11-26T00:00:00 | 2,855 | 3,711.5 |
8 | " (...TRUNCATED) | 2019-11-26T00:00:00 | 15,339 | 19,940.7 |
9 | "Case 6:19-cv-00389-JCB-KNM Document 16 Filed 11/18/19 Page 1 of 11 PageID #: 120\n\n\n\n (...TRUNCATED) | 2019-11-18T00:00:00 | 3,025 | 3,932.5 |
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