Coupons, Inc. v. Stottlemire

Filing 15

Motion for Sanctions Pursuant to Rule 11 of the Federal Rules of Procedure; Supporting Memorandum of Points and Authorities filed by John Stottlemire. Motion Hearing set for 11/20/2007 10:00 AM in Courtroom 2, 5th Floor, San Jose. (Attachments: #1 Supplement Request For Judicial Notice and Exhibits#2 (Proposed) Order (Stottlemire, John) (Filed on 10/15/2007)Text modified on 10/15/2007 (bw, COURT STAFF).

EXHIBIT A

Case 4:03-cv-03576-CW

Document 4

Filed 08/26/2003

Page 1 of 13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

John L. Slafsky, State Bar No. 195513 Joseph G. Adams, State Bar No. 209668 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, California 94304-1050 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Coupons, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION COUPONS, INC., a California corporation, Plaintiff, v. ANDREA HEINTZELMAN, an individual, MIDWEST WHOLESALE, a Michigan partnership, ANTHONY "TONY" LELAND, an individual; DOES 1-10, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. C03 03576 CW FIRST AMENDED COMPLAINT FOR COPYRIGHT INFRINGEMENT, VIOLATIONS OF THE DIGITAL MILLENNIUM COPYRIGHT ACT, FALSE DESIGNATION OF ORIGIN, RACKETEERING, AND RELATED STATE LAW CLAIMS DEMAND FOR JURY TRIAL

Plaintiff Coupons, Inc. ("Plaintiff") alleges as follows: PARTIES 1. Plaintiff is a California corporation with its principal place of business in

Belmont, California. 2. Plaintiff is informed and believes, and therefore alleges, that defendant Andrea

Heintzelman ("Heintzelman") is an individual residing in Milford, Michigan. 3. Plaintiff is informed and believes, and therefore alleges, that defendant Midwest

Wholesale ("Midwest Wholesale") is a Michigan partnership with its principal place of business located in Milford, Michigan. Plaintiff is informed and believes, and therefore alleges, that defendant Heintzelman is a principal or partner of defendant Midwest Wholesale.

FIRST AMENDED COMPLAINT CIVIL ACTION NO. C03 03576 CW

Case 4:03-cv-03576-CW

Document 4

Filed 08/26/2003

Page 2 of 13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

4.

Plaintiff is informed and believes, and therefore alleges, that defendant Anthony

"Tony" Leland ("Leland") is an individual residing in New Hudson, Michigan. 5. The true names and capacities of defendants named as Does 1-10 are not

presently known to Plaintiff, which therefore sues these defendants by their fictitious names. Plaintiff will seek to amend this Complaint and include these Doe defendants' true names when they are ascertained. Plaintiff is informed and believes, and therefore alleges, that each of these fictitiously named defendants is responsible in some manner for the conduct alleged in this Complaint. JURISDICTION AND VENUE 6. This action for copyright infringement, violations of the Digital Millennium

Copyright Act, false designation of origin, racketeering, and related causes of action arises under 17 U.S.C. § 501, 17 U.S.C. § 1202, 15 U.S.C. § 1125(a), 18 U.S.C. § 1961, California statutes, and the common law of California. 7. This Court has original jurisdiction under 28 U.S.C. § 1331 and 28 U.S.C. §

1338(a) for claims arising under the Copyright Act, the Digital Millennium Copyright Act, the Lanham Act, and the Racketeer Influenced and Corrupt Organizations Act, and under 28 U.S.C. 1338(b) for the related state- law claims based on unfair competition. This Court also has supplemental jurisdiction under 28 U.S.C. § 1367 for all related state- law claims. 8. This Court has personal jurisdiction over Heintzelman, Midwest Wholesale,

Leland, and the Doe defendants (collectively, "Defendants") by virtue of Defendants' transacting and doing business in the forum and/or their committing a tort in or directed at the forum. 9. Venue is proper in this district under 28 U.S.C. § 1391(b) because a substantial

part of the events or omissions giving rise to the claim occurred in this judicial district. BACKGROUND FACTS 10. Plaintiff is the leading provider of technology for enabling businesses to deliver

on- line, printable coupons to consumers. 11. Plaintiff's clients include many of the country's most prominent consumer

product manufacturers, advertising agencies, retailers, promotional marketing companies, and
FIRST AMENDED COMPLAINT CIVIL ACTION NO. C03 03576 CW

-2-

2307551_1.DOC

Case 4:03-cv-03576-CW

Document 4

Filed 08/26/2003

Page 3 of 13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Internet portals. Using Plaintiff's technology, Plaintiff's clients are able to deliver on-line coupons directly to their customers from corporate web sites, via on- line banner ads, and through targeted e-mails. Plaintiff's Technology and Security Measures 12. In order to supply secure, printable coupons to consumers over the Internet,

Plaintiff maintains a distribution system using proprietary encryption, authentication, and private and public key technology. 13. Internet consumers are able to access on- line coupons created by Plaintiff by

clicking on a web site, Internet banner advertisement, or targeted e-mail message originating from one of Plaintiff's clients. When the consumer clicks on one of these Internet links, a file created by Plaintiff's software is automatically sent via the Internet from Plaintiff's computer server directly to the consumer's personal computer. After the consumer receives the coupon file and chooses to print the coupon, a data stream containing the graphics and content of the coupon is sent directly to the consumer's printer. 14. The coupon file received by the consumer contains built- in security measures to

prevent the consumer from copying the file. For instance, the coupon file does not permit the consumer to display the coupon on a mo nitor screen. The coupon file also limits the number of times that a coupon can be printed and provides for built- in expiration. The coupon file itself is protected by Plaintiff's proprietary encryption technology. 15. The coupon printed by the consumer features a variety of security measures.

Each coupon contains two types of bar codes: a pair of traditional bar codes to be scanned by the store where the coupon is redeemed, as well as a more sophisticated "two-dimensional" encrypted bar code that is readable only by Plaintiff. The "two-dimensional" bar code contains a variety of identifying information about the coupon, including the details of the specific promotional offer, information about the specific coupon and device that printed the coupon, and a time and date stamp. In addition, the coupon contains visible "microtext" with a time and date stamp, a unique identifying number for the coupon, and information regarding the device and computer operating system used by the consumer.
FIRST AMENDED COMPLAINT CIVIL ACTION NO. C03 03576 CW

-3-

2307551_1.DOC

Case 4:03-cv-03576-CW

Document 4

Filed 08/26/2003

Page 4 of 13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

16.

Many of the printed coupons based on Plaintiff's technology display the

conspicuous slogan "Powered by Coupons, Inc." 17. Many, if not all, of the printed coupons also contain prominent notices informing

consumers that they may not transfer or copy the coupons without permission, such as "Void if altered, transferred, sold, reproduced, or exchanged" and "Unauthorized reproduction prohibited." Defendants' Unauthorized Distribution and Sale of Counterfeit Coupons 18. Plaintiff reviews on- line auction sites such as eBay in an effort to monitor

improper use of its on- line coupons and to protect against unauthorized sales and fraud. 19. In connection with this monitoring program, Plaintiff's employees reviewed items

for sale on eBay and recognized that third parties were selling coupons similar or identical to those created and distributed by Plaintiff. One of Plaintiff's employees purchased a number of these coupons from the persons selling such coupons on eBay. 20. After receiving and analyzing the coupon files sold on eBay, Plaintiff confirmed

that they were illicit, counterfeit copies of its legitimate coupons. Plaintiff also noticed that someone had modified coupons by deleting or altering the visible "microtext" that contains identifying information about the coupon and by tampering with the "two-dimensional" encrypted bar codes. 21. One of the individuals who sold counterfeit coupons is a person with the eBay

User ID of "lelandsbarn," who uses the e- mail address "[e-mail]," and who signs emails with the name "Tony." 22. On June 27, 2003, Plaintiff sent an "Electronic Notice of Infringement" to eBay,

notifying eBay of the fraudulent coupons sold by "lelandsbarn," requesting that eBay remove access to the counterfeit coupon sales, and asking that eBay provide its contact information for the person operating these auctions. 23. On June 30, 2003, eBay, consistent with its rules and regulations, deleted these

auctions from its system and provided to Plaintiff the contact information submitted by the person using the eBay User ID "lelandsbarn." According to eBay, this individual identified
FIRST AMENDED COMPLAINT CIVIL ACTION NO. C03 03576 CW

-4-

2307551_1.DOC

Case 4:03-cv-03576-CW

Document 4

Filed 08/26/2003

Page 5 of 13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

himself as Tony Leland, with an e- mail address of "[e-mail]," a physical address of 148 Kensington S., New Hudson, MI 48165, and a phone number of [phone]. 24. Using the eBay system, Plaintiff also delivered a message to the person operating

the "lelandsbarn" account. The message reads, in pertinent part: "Please be advised that Coupons, Inc. in conjunction with its clients prosecutes any duplication/distribution of file based coupons," and "Duplication, alteration or distribution of coupons is a federal crime." 25. Plaintiff's employee subsequently received a series of unsolicited e- mail

messages directly from "[e-mail]" offering to sell numerous counterfeit coupons. Plaintiff's employee purchased several of these counterfeit coupons using the PayPal online payment service. 26. Documents related to the relevant e- mail addresses and electronic fund transfers

make it crystal clear that defendants Heintzelman and Midwest Wholesale are responsible for selling illicit copies of Plaintiff's printable coupons. 27. Based upon this information, Plaintiff is informed and believes, and therefore

alleges, that all Defendants are manufacturing, selling and distributing counterfeit copies of Plaintiff's coupons. Defendants' Copying and Alteration of Coupons Created By Plaintiff 28. Plaintiff is informed and believes, and therefore alleges, that Defendants have

created counterfeit coupons by copying legitimate on- line, printable coupons created and distributed by Plaintiff. 29. Plaintiff is informed and believes, and therefore alleges, that Defendants have

created counterfeit coupons by overcoming, hacking, or tampering with the technological anticopying measures put in place by Plaintiff. 30. Plaintiff is informed and believes, and therefore alleges, that Defendants

intentionally have altered some or all of the copied coupons by deleting or modifying the visible "microtext" that contains identifying information about the coupon. Plaintiff is informed and believes, and therefore alleges, that Defendants delete or modify this "microtext" in an effort to facilitate or conceal their infringing activities.
FIRST AMENDED COMPLAINT CIVIL ACTION NO. C03 03576 CW

-5-

2307551_1.DOC

Case 4:03-cv-03576-CW

Document 4

Filed 08/26/2003

Page 6 of 13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

31.

Plaintiff is informed and believes, and therefore alleges, that Defendants

intentionally have altered some or all of the copied coupons by modifying or defacing the "twodimensional" encrypted bar code displayed on each of the printed coupons based on Plaintiff's technology. This bar code contains, among other things, identifying information about the source of the coupon and the specific promotional offer, as well as all of the "microtext" information. Plaintiff is informed and believes, and therefore alleges, that Defendants deface this bar code in an effort to facilitate or conceal their infringing activities. FIRST CAUSE OF ACTION (Infringement of Copyright; 17 U.S.C. § 501) 32. Plaintiff realleges and incorporates by reference paragraphs 1 through 31 as

though fully set forth herein. 33. distributed. 34. Plaintiff has secured copyright registrations of its coupons from the U.S. Plaintiff created, and owns copyrights related to, the on- line coupons that it has

Copyright Office. 35. Defendants have infringed Plaintiff's copyrights by reproducing and distributing

copies of these coupons in violation of 17 U.S.C. § 106. 36. Defendants have infringed Plaintiff's copyrights by preparing derivative works of

the coupons in violation of 17 U.S.C. § 106. 37. Plaintiff is entitled to an injunction, statutory damages, actual damages, and an

award of attorneys' fees and other costs as provided under 17 U.S.C. § 504. SECOND CAUSE OF ACTION (Digital Millennium Copyright Act, 17 U.S.C. Section 1202)) 38. Plaintiff realleges and incorporates by reference paragraphs 1 through 37 as

though fully set forth herein. 39. By the acts described above, Defendants intentionally remo ved or altered

copyright management information (within the meaning of 17 U.S.C. § 1202(c)) contained in

FIRST AMENDED COMPLAINT CIVIL ACTION NO. C03 03576 CW

-6-

2307551_1.DOC

Case 4:03-cv-03576-CW

Document 4

Filed 08/26/2003

Page 7 of 13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

coupons created by Plaintiff knowing or having reason to know that it would induce, enable, facilitate, or conceal an infringement of Plaintiff's rights under the Copyright Act. 40. By the acts described above, Defendants distributed coupons created by Plaintiff,

or copies thereof, knowing that copyright management information (within the meaning of 17 U.S.C. § 1202(c)) had been removed or altered without the authority of the copyright owner or the law knowing or having reason to know that it would induce, enable, facilitate, or conceal an infringement of Plaintiff's rights under the Copyright Act. 41. U.S.C. § 1202. 42. Plaintiff is entitled to an injunction, statutory damages, actual damages, and an The conduct described above injured Plaintiff and constitutes a violation of 17

award of attorneys' fees and other costs as provided under 17 U.S.C. § 1203. THIRD CAUSE OF ACTION (Unfair Competition; False Designation of Origin, 15 U.S.C. Section 1125(a)) 43. Plaintiff realleges and incorporates by reference paragraphs 1 through 42 as

though fully set forth herein. 44. Plaintiff owns the "Coupons, Inc." trade name and trademark and has established

rights to this trade name and trademark through continuous and exclusive use in commerce. 45. Defendants' use in commerce of counterfeit coupons prominently displaying the

phrase "Powered by Coupons, Inc." as described above is likely to cause, and has actually caused, confusion, mistake or deception as to the origin, sponsorship, or approval of Defendants' products and services, or the affiliation, connection, or association of Defendants with Plaintiff. 46. As the result of such confusion, customers and the public are likely to believe that

the counterfeit coupons copied, distributed, and/or sold by Defendants are authorized or associated with Plaintiff, or that Defendants are authorized to distribute coupons bearing the "Coupons, Inc." name. 47. Plaintiff is informed and believes, and therefore alleges, that Defendants' acts

have injured or are likely to injure Plaintiff's reputation, business and relations with its clients by causing confusion about Plaintiff's products and services, and a loss of sales to Plaintiff.
FIRST AMENDED COMPLAINT CIVIL ACTION NO. C03 03576 CW

-7-

2307551_1.DOC

Case 4:03-cv-03576-CW

Document 4

Filed 08/26/2003

Page 8 of 13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

48.

Defendants' unauthorized use and alteration of coupons bearing the "Coupons,

Inc." name and/or the "Powered by Coupons, Inc." slogan is a deliberate, intentional and willful attempt to confuse and deceive purchasers, to injure the business of Plaintiff, to trade on the business reputation of Plaintiff, and to interfere with the business relationships of Plaintiff. 49. Defendants' acts described above constitute unfair competition and false

designation of origin in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). 50. Defendants' acts have greatly and irreparably damaged Plaintiff and will continue

to so damage Plaintiff unless restrained by this Court. 51. Plaintiff is entitled to an injunction under 15 U.S.C. § 1116, as well as to

damages, Defendants' profits, and the costs of this action under 15 U.S.C. § 1117. 52. Defendants' acts have been willful and with direct knowledge of the superior

rights of Plaintiff, making this an "exceptional" case justifying an award of treble damages, treble profits, and attorneys' fees against Defendants. FOURTH CAUSE OF ACTION (Violation of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961 et seq.) 53. Plaintiff realleges and incorporates by reference paragraphs 1 through 52 as

though fully set forth herein. 54. By the acts described above, Defendants devised a scheme or artifice to defraud,

or obtained property by means of false or fraudulent pretenses or representations. 55. For the purpose of executing this scheme or artifice, Defendants transmitted or

caused to be transmitted writings, signs, and signals by means of wire, radio, or television communication in violation of 18 U.S.C. § 1343. 56. By the acts described above, Defendants infringed Plaintiff's copyrights willfully

for purposes of commercial advantage or private financial gain in violation of 17 U.S.C. § 506 and 18 U.S.C. § 2319. 57. Defendants' acts constitute a pattern of racketeering activity as set forth at 18

U.S.C. § 1961(1).

FIRST AMENDED COMPLAINT CIVIL ACTION NO. C03 03576 CW

-8-

2307551_1.DOC

Case 4:03-cv-03576-CW

Document 4

Filed 08/26/2003

Page 9 of 13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

58.

Defendants conducted or participated in the conduct of an enterprise engaged in

or affecting interstate commerce though a pattern of racketeering activity in violation of 18 U.S.C. § 1962(c). 59. of § 1962(d). 60. Plaintiff was injured in its business or property by reason of Defendants' violation Defendants conspired to violate the provisions of 18 U.S.C. § 1962(c) in violation

of 18 U.S.C. § 1962. 61. Plaintiff is entitled to an injunction, treble damages, and an award of attorneys'

fees and other costs as provided under 18 U.S.C. § 1964. FIFTH CAUSE OF ACTION (Unlawful Business Practices, Calif. Bus. & Prof. Code § 17200 et seq.) 62. Plaintiff realleges and incorporates by reference paragraphs 1 through 61 as

though fully set forth herein. 63. By the acts described above, Defendants have engaged in unlawful and unfair

business practices and have performed unfair, deceptive and misleading acts that have irreparably injured, and threaten to continue to injure, Plaintiff in its business and property. 64. As a consequence, Plaintiff is entitled, under Sections 17200 and 17203 of the

California Business and Professions Code, to an injunction and restitution as set forth below. SIXTH CAUSE OF ACTION (False and Misleading Statements, Calif. Bus. & Prof. Code § 17500 et seq.) 65. Plaintiff realleges and incorporates by reference paragraphs 1 through 64 as

though fully set forth herein. 66. By the acts described above, Defendants have made and continue to make false

and misleading statements in connection with the sales of property and/or services in violation of Sections 17500 and 17505 of the California Business and Professions Code. 67. These acts have irreparably injured, and are likely to continue to injure, Plaintiff

in its business and property and entitle it, under Sections 17500 and 17535 of the California Business and Professions Code, to an injunction and restitution as set forth below.
FIRST AMENDED COMPLAINT CIVIL ACTION NO. C03 03576 CW

-9-

2307551_1.DOC

Case 4:03-cv-03576-CW

Document 4

Filed 08/26/2003

Page 10 of 13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 77. 74. 68.

SEVENTH CAUSE OF ACTION (Conversion/Trespass to Chattels) Plaintiff realleges and incorporates by reference paragraphs 1 through 67 as

though fully set forth herein. 69. By the acts described above, Defendants intentionally and wrongfully exercised

authority or control over the property of Plaintiff. 70. This wrongful exercise or assumption of authority deprived Plaintiff of its

property and is inconsistent with Plaintiff's ownership rights. 71. Defendants' acts described above constitute the tort of conversion in violation of

the common law of California. 72. In the alternative, Defendants' acts described above constitute the tort of trespass

to chattels in violation of the common law of California. 73. Defendants' acts have greatly and irreparably damaged Plaintiff and will continue

to so damage Plaintiff unless enjoined by this Court. Plaintiff is without an adequate remedy at law and is entitled to injunctive relief in addition to damages, in an amount to be proved at trial. EIGHTH CAUSE OF ACTION (Common Law Unfair Competition) Plaintiff realleges and incorporates by reference paragraphs 1 through 73 as

though fully set forth herein. 75. Defendants' acts described above constitute unfair competition in violation of the

common law of the State of California. 76. Defendants' acts have greatly and irreparably damaged Plaintiff and will continue

to so damage Plaintiff unless enjoined by this Court. Plaintiff is without an adequate remedy at law and is entitled to injunctive relief in addition to damages, in an amount to be proved at trial. NINTH CAUSE OF ACTION (Common Law Trademark Infringement) Plaintiff realleges and incorporates by reference paragraphs 1 through 76 as

though fully set forth herein.
FIRST AMENDED COMPLAINT CIVIL ACTION NO. C03 03576 CW

-10-

2307551_1.DOC

Case 4:03-cv-03576-CW

Document 4

Filed 08/26/2003

Page 11 of 13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

78.

Defendants' acts described above constitute trademark infringement in violation

of the common law of the State of California. 79. Defendants' acts have greatly and irreparably damaged Plaintiff and will continue

to so damage Plaintiff unless enjoined by this Court. Plaintiff is without an adequate remedy at law and is entitled to injunctive relief in addition to damages, in an amount to be proved at trial. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays that: 1. The Court find that Defendants willfully infringed Plaintiff's copyrights and order

Defendants to pay to Plaintiff the maximum amount of statutory damages available under 17 U.S.C. § 504(c) in an amount of $150,000 per infringement of each work; 2. The Court order Defendants to pay to Plaintiff the maximum amount of statutory

damages available under 17 U.S.C. § 1203(c)(B) in an amount of $25,000 per violation of 17 U.S.C. § 1202; 3. That the Court order that, during the pendency of this action, Defendants, and all

of their agents, partners, servants, employees, and all others in active concert or participation with Defendants be enjoined and restrained from destroying, modifying, defacing, or concealing any evidence likely to be relevant in this case; 4. That the Court order that Defendants, and all of their agents, partners, servants,

employees, and all others in active concert or participation with Defendants be enjoined and restrained during the pendency of this action, and permanently thereafter, from copying, distributing, altering, modifying, offering for sale, or selling coupons, including but not limited to electronic files or images of coupons, created or distributed by Plaintiff; 5. That the Court order that Defendants, and all of their agents, partners, servants,

employees, and all others in active concert or participation with Defendants be enjoined and restrained during the pendency of this action, and permanently thereafter, from using Plaintiff's trade name and trademark "Coupons, Inc." in commerce in connection with any products or services;

FIRST AMENDED COMPLAINT CIVIL ACTION NO. C03 03576 CW

-11-

2307551_1.DOC

Case 4:03-cv-03576-CW

Document 4

Filed 08/26/2003

Page 12 of 13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

6.

That the Court order Defendants to deliver to Plaintiff all coupons (including but

not limited to electronic files or images of coupons) in the possession of Defendants that are: (a) created or distributed by Plaintiff; (b) copies or counterfeits of coupons distributed by Plaintiff; or (c) bearing or displaying the "Coupons, Inc." na me in any way. 7. That the Court order Defendants to deliver to Plaintiff all documents, files, lists,

correspondence reflecting the identities of, and contact information for, the persons to whom Defendants sold coupons that were: (a) created or distributed by Plaintiff; (b) copies or counterfeits of coupons distributed by Plaintiff; or (c) bore or displayed the "Coupons, Inc." name in any way. 8. That the Court order Defendants to file with the Court and serve on Plaintiff an

affidavit setting forth in detail the manner and form in which they have complied with the terms of the injunction; 9. That the Court order Defendants to account for and pay to Plaintiff treble the

amount of all profits derived by Defendants; 10. That the Court order Defendants to pay to Plaintiff treble the amount of all

damages incurred by Plaintiff by reason of Defendants' acts; 11. That the Court order Defendants to provide restitution for their unlawful business

practices and false and misleading statements, measured by their advertising expenditures and/or profits; 12. That the Court order Defendants to pay to Plaintiff the costs of this action,

together with reasonable attorneys' fees and disbursements; and 13. equitable. That the Court grant such other and further relief as the Court deems just and

FIRST AMENDED COMPLAINT CIVIL ACTION NO. C03 03576 CW

-12-

2307551_1.DOC

Case 4:03-cv-03576-CW

Document 4

Filed 08/26/2003

Page 13 of 13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
FIRST AMENDED COMPLAINT CIVIL ACTION NO. C03 03576 CW

DEMAND FOR JURY TRIAL Pursuant to Federal Rule of Civil Procedure 38, Plaintiff hereby demands trial by jury of all issues triable by a jury. Respectfully submitted, Dated: August 26, 2003 WILSON SONSINI GOODRICH & ROSATI Professional Corporation

By:___/s/ John L. Slafsky ____________________________ John L. Slafsky Attorneys for Plaintiff Coupons, Inc.

-13-

2307551_1.DOC

EXHIBIT B

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 1 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 2 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 3 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 4 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 5 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 6 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 7 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 8 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 9 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 10 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 11 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 12 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 13 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 14 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 15 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 16 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 17 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 18 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 19 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 20 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 21 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 22 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 23 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 24 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 25 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 26 of 27

Case 5:05-cv-02115-PVT

Document 12-2

Filed 07/08/2005

Page 27 of 27