Zynga Game Network, Inc. v. Saini et al

Filing 31

ORDER granting 26 Motion for Default Judgment (tf, COURT STAFF) (Filed on 9/7/2010)

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Larry W. McFarland (Bar No. 129668)
E-Mail: [e-mail]
Dennis Wilson (Bar No. 155407)
E-Mail: [e-mail]
David K. Caplan (Bar No. 181174)
E-Mail: [e-mail]
Christopher T. Varas (Bar No. 257080)
E-Mail: [e-mail]
KEATS McFARLAND & WILSON LLP
9720 Wilshire Boulevard
Penthouse Suite
Beverly Hills, California 90212
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
ZYNGA GAME NETWORK INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ZYNGA GAME NETWORK INC.,
a Delaware corporation,

CASE NO. CV 09-5373 SI

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Plaintiff,

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[PROPOSED] DEFAULT JUDGMENT

v.
PROMILA SAINI, an individual, SANDEEP
BAWEJA, an individual, ALEXANDRU
MIHALACHE, an individual, and JOHN DOES
1-4 D/B/A TRADEPOKERCHIPS.COM,

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Defendants.
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CASE NO. CV 09-5373 SI
[PROPOSED] DEFAULT JUDGMENT

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charging defendants Alexandru Mihalache

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Federal Trademark Infringement and False Designation of Origin, Federal Cybersquatting,

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California Statutory Unauthorized Computer Access, California Statutory Unfair Competition,

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California Common Law Trademark Infringement and Unfair Competition, Breach of Contract,

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Intentional Interference with Contractual Relations and Trespass to Chattels, and the Court having

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found good cause, it is hereby

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ORDERED, ADJUDGED AND DECREED as between Zynga and Defendants:

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1.

with

This Court has jurisdiction over the Parties to this action, and has jurisdiction over the

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subject matter hereof pursuant to 15 U.S.C. §§ 1116, 1121 and 1125, and 28 U.S.C. §§ 1331,

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1338(a) and (b), and 1367(a). Service was properly made against Defendants.

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2.

Zynga owns the trademark and service mark ZYNGA (th

used the Zynga Mark in commerce since June 2007.

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3.

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advertising and sales under the ZYNGA Mark, has become well-known within social gaming circles

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as a source

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4.

Zynga is the owner of United States Federal Trademark Registration No. 3,685,749

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for the mark ZYNGA in International Classes 9 and 41 for downloadable computer game software

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for use on wireless devices and computers.

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5.
world-

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Zy

Zynga owns or leases the computer servers that players must access in order to play the
Game.
6.

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-

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outside the Game. Zynga has not authorized any third par

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the Game. Zynga also notifies players within the Game that they are not authorized to buy or sell

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CASE NO. CV 09-5373 SI
[PROPOSED] DEFAULT JUDGMENT

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implemented security measures to prevent the unauthorized purchase, sale, and

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Players who use the Game in a manner not expressly authorized by Zynga,

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including without limitation in violation of the Terms of Service, are not authorized to participate in

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.

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7.

Defendants assented to and are bound by the Terms of Service governing use of the

Game, which are located at http://www.zynga.com/about/terms-of-service.php.

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8.

Defendants own and operate websites through which they have unlawfully sold and

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have wrongfully used the ZYNGA Mark to

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s have operated these websites from the

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following Internet domain names: TRADEPOKERCHIPS.COM;

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TRADEFACEBOOKPOKERCHIPS.COM; FACEBOOKTEXASHOLDEMPOKERCHIPS.COM;

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24X7POKERCHIPS.COM; SANTACHIPS.COM; CHIPSMONSTER.COM; FUNCHIPS.NET;

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CHIPSFUN.COM; ANYCHIPS5.NET; ANYCHIPS6.NET; CHIPSPEDIA.COM and

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ZYNGACHI.COM.1
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Defendants have

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contractual, and other rights, and are jointly and severally liable for each and every one of the

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additional

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10.

Defendants and their affiliates, agents, servants, employees, representatives,

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successors, assigns, and any person, corporation or other entity acting under

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control, or in active concert or participation with Defendants, are immediately and permanently

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enjoined throughout the world from:
a.

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direction or

Directly or indirectly using the ZYNGA trademark and any other mark,

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symbol, or logo that is a reproduction, counterfeit, copy, or colorable imitation of or that is

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The Court has previously granted relief to Zynga
Internet domain name ZYNGACHI.COM in the Related Case CV:09-2744
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The relief granted in this Defaul
unlawful conduct with respect to
Internet domain names other than ZYNGACHI.COM.

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CASE NO. CV 09-5373 SI
[PROPOSED] DEFAULT JUDGMENT

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confusingly similar to, or that is identical with, or substantially indistinguishable from, the ZYNGA

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mark on or in connection with any goods or services;

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b.

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but not limited to the ZYNGA Mark, any copyrights owned by Zynga, or any other rights owned by

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Zynga related to the Game;

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c.

Engaging in any conduct that tends falsely to represent that, or is likely to

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confuse, mislead or

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believe that, the actions of Defendants are connected with Zynga, are sponsored, approved, or

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licensed by Zynga, or are in any way connected or affiliated with Zynga;

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d.

customers and/or members of the public to

Affixing, applying, annexing, or using in connection with the manufacture,

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distribution, advertising, sale, and/or offering for sale or other use of any goods or services, a false

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description or representation, including words or other symbols, tending to falsely describe or

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represent such goods as being those of, or authorized by, Zynga;

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e.

Registering any Internet domain name that includes the ZYNGA Mark, or any

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variations or misspellings thereof, whether alone or in combination with any other term(s) or

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character(s);

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f.

Accessing, directly or indirectly, any computer server or computer system

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owned, leased or operated by Zynga for any reason whatsoever, including without limitation any

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server or computer that provides access to the Game, or to any other game or application published

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by Zynga;

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g.

Advertising, purchasing, selling, trading, exchanging, profiting from,

accepting or processing payments for, or facilitating or participating in any way in the advertisement,

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Zynga game or application;
h.

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other form of pay-per-click or pay-per-

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or any other virtual item used in any Zynga game or application, including but not limited to causing

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CASE NO. CV 09-5373 SI
[PROPOSED] DEFAULT JUDGMENT

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hyperlinks and other advertisin

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Otherwise competing unfairly with Zynga in any manner; and

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j.

Effecting assignments or transfers, forming new entities or associations or

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utilizing any other device for the purpose of circumventing or otherwise avoiding the prohibitions set

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forth in subparagraphs (a)-(i) above.

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11.

VeriSign, Inc., as the registry for the <.com> and <.net> Internet Top Level Domains,

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is hereby ORDERED to transfer the registrar of record for the Internet Domain Names

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TRADEPOKERCHIPS.COM; TRADEFACEBOOKPOKERCHIPS.COM;

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FACEBOOKTEXASHOLDEMPOKERCHIPS.COM; 24X7POKERCHIPS.COM;

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SANTACHIPS.COM; CHIPSMONSTER.COM; FUNCHIPS.NET; CHIPSFUN.COM;

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ANYCHIPS5.NET; ANYCHIPS6.NET; and CHIPSPEDIA.COM from the current registrar(s) to

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Internet domain name registrar GoDaddy.com, Inc. Upon completion of this transfer,

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GoDaddy.com, Inc. is ORDERED transfer ownership of each of these domain names to Zynga.

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12.

Defendants are hereby ORDERED to account for and to disgorge to Zynga all profits

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Defendants are jointly and severally liable for this
award.
13.

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and costs, and

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Plaintiff pursuant to Federal Rule of Civil Procedure 54(d) and Civil Local Rule 54. Defendants

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or costs.
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This Court retains jurisdiction of this matter for the purposes of making any further

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orders necessary or proper for the enforcement of this Judgment and the punishment of any

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violations thereof.

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15.

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This Judgment shall be deemed to have been served upon Defendants at the time of

its execution by the Court.
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The Court expressly determines that there is no just reason for delay in entering this

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CASE NO. CV 09-5373 SI
[PROPOSED] DEFAULT JUDGMENT

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Judgment, and pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs entry

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of judgment against Defendants.

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9/3
Dated ____________________, 2010

___________________________
The Honorable Susan Illston
United States District Court Judge

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Presented by:

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LARRY W. McFARLAND
DENNIS L. WILSON
DAVID K. CAPLAN
CHRISTOPHER T. VARAS
KEATS McFARLAND & WILSON LLP
9720 Wilshire Blvd.
Penthouse Suite
Beverly Hills, CA 90212
[phone]

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____________________________
Christopher T. Varas
Attorneys for Plaintiff
Zynga Game Network Inc.

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CASE NO. CV 09-5373 SI
[PROPOSED] DEFAULT JUDGMENT