RIPL Corp. v. Google Inc.

Filing 1

COMPLAINT against defendant(s) All Plaintiffs (Receipt # 0981-3023402), filed by RIPL Corp.. (Attachments: # 1 Exhibit A)(Mann, Philip)

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON

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RIPL CORP.
Cause No.

Plaintiff,

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COMPLAINT FOR
TRADEMARK INFRINGEMENT,
FALSE DESIGNATION OF
ORIGIN AND UNFAIR
BUSINESS PRACTICES

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JURY TRIAL DEMANDED

v.

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GOOGLE, INC.
Defendant.

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Plaintiff RIPL Corp. (“RIPL”) complains of Defendant Google, Inc. (“Google”) as
follows:

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NATURE OF LAWSUIT
1.

This is an action for infringement of federally registered and common law

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trademark rights (Counts I and II), false designation of origin under Section 43(a) of the

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Lanham Act (Count III), Unfair Competition (Count IV) and violation of the Washington

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Consumer Protection Act (Count V).

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THE PARTIES
2.

RIPL is a Washington Corporation having a principal place of business in this

District at Seattle, Washington.

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COMPLAINT - 1

MANN LAW GROUP
1218 Third Avenue, Suite 1809
Seattle, Washington 98101
TELEPHONE: [phone]

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3.

RIPL Corp. was founded in 2005 as Kahuna Technologies, Inc. to develop and

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operate proprietary software for the purpose of facilitating and intelligently automating the

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sharing of content among Internet users, and specifically to promote and depict and exploit

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the effect that occurs as content is shared from person to person in a social network. After

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successfully obtaining the Internet domain name “ripl.com” in early 2006, Kahuna

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Technologies changed its name to RIPL Corp. and began establishing itself with investors and

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partners under the name and trading style, “RIPL.” Since that time essentially all of Plaintiff's

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efforts, activities and resources in fund raising, software engineering, product design,

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developer evangelism, business development, marketing and promotions have been dedicated

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to reinforcing the association between “RIPL” and the propagation of content in a social

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network. Plaintiff's consumer service was released using the name RIPL in March of 2007,

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and extensive marketing activities were initiated at that time to establish the consumer brand.

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Plaintiff later conducted extensive business development and outreach activities to establish

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the RIPL brand with major media companies, advertising agencies, investors and technology

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companies including Google, Inc. Among the benefits to advertisers that Plaintiff has

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associated with its RIPL brand is its ability to analyze, identify and communicate with users

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who are particularly influential in propagating specific types of content. At all relevant times,

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RIPL has been doing business and providing such services and goods under the name and

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trading-style, “RIPL.”

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4.

RIPL is the owner of United States Service Mark Registration No. 3,490,487

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(duly and legally issued by the United States Patent and Trademark Office on August 19,

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2008) which protects one or more aspects of the name, “RIPL” as used by RIPL in providing

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its goods and services.

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No. 3,490,487 is attached as Exhibit A.

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5.

A true and correct copy of RIPL's U.S. Service Mark Registration

The distinctive appearance, sound and associated connotations of the “RIPL”

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name and mark are the subject matter of the aforementioned United States Servicemark

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Registration and is protected under and by that United States Registration.

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COMPLAINT - 2

MANN LAW GROUP
1218 Third Avenue, Suite 1809
Seattle, Washington 98101
TELEPHONE: [phone]

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Upon information and belief, Google Inc., (“Google”) is a Delaware

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Corporation having a principal place of business at 1600 Amphitheatre Parkway, Mountain

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View CA 94043.

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Upon information and belief, Google transacts business and has offered

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services to customers and users in this judicial district and throughout the State of Washington

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services and products that are the subject of this action as hereinafter described.

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JURISDICTION AND VENUE
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This Court has exclusive jurisdiction over the subject matter of the Complaint

under 28 U.S.C. §§ 1338(a).
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Personal Jurisdiction over the defendant is proper in this Court. Venue is also

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proper in this district under Title 28 U.S.C. §§1391(b), (c) and/or 1400(b) in that Google

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conducts business in this district, caused damage and injury to RIPL in this district, and/or is

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subject to personal jurisdiction in this district.

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DEFENDANT'S ACTS OF TRADEMARK INFRINGEMENT, FALSE
DESIGNATION OF ORIGIN AND UNFAIR COMPETITION
10.

Defendant Google is the world’s leading seller and distributor of

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advertisements.

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hardware devices and on those of its partners, accounting for billions of advertising

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impressions each month. To create advertising inventory and generate targeting data, Google

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provides and markets numerous, popular, Internet-based and Internet-connected services and

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products to consumers and users throughout the world, such as its popular Internet search

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engine and its Android operating system for mobile phones. One such service is an Internet-

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based social networking service launched publicly by Google on or about October, 2011

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under the name “Google+.” Through the Google+ service, users are able to develop social

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contacts and otherwise share information and communicate with each other. The Google+

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service has met with success in the marketplace among consumers, and upon information and

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belief Google has used the data generated by Google+ users to expand and improve the

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COMPLAINT - 3

Such advertising appears on Google's own web sites, applications and

MANN LAW GROUP
1218 Third Avenue, Suite 1809
Seattle, Washington 98101
TELEPHONE: [phone]

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advertising products it sells to marketers and to refine its proprietary targeting algorithms,

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business processes and strategies. Google has continued to offer new and advanced services in

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connection with the Google+ service.

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As a core component of its of Google+ product, Google, in or about October,

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2011, introduced a new service that it offers under the name and trading style “RIPPLES.”

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The “RIPPLES” service that Google offers displays how content is shared and distributed

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among users of the Google+ service. In this manner, users of the Google+ service are able to

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see which of their various posts are shared by others and to whom they are distributed in the

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social network. Upon information and belief, Google also monitors and analyzes such sharing

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and other information about both the people and content involved and uses such information

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to offer advertisers and potential advertisers (a) improved access to consumers who meet

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specific criteria and (b) improved insight, through its reporting services, on the types of

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content and messages that are most effective with any specified audience. This formula

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permits Google to deliver higher response rates to its paying advertisers than would be the

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case without the RIPPLES service, achieve better utilization of its advertising inventory, and

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monetize all of its audiences more effectively on all of the platforms and devices on which it

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operates.

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Upon information and belief, Google uses the data generated by the Google+

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service to identify users who are particularly influential in propagating specific types of

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content. Upon information and belief, the RIPPLES feature offered by Google is designed to

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evidence Google’s ability to identify and contact such users on behalf of its advertiser clients.

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13.

On October 24, 2011, Google filed an application with the United States Patent

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and Trademark Office for registration of the “RIPPLES” service mark, claiming the

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“RIPPLES” mark is used in conjunction with “Marketing, advertising and promotion

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services” in International Class 35 and in conjunction with “Providing temporary use of

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online non-downloadable software for the visualization of user-generated content in online

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member communities” in International Class 42.

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COMPLAINT - 4

MANN LAW GROUP
1218 Third Avenue, Suite 1809
Seattle, Washington 98101
TELEPHONE: [phone]

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COUNT I

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(INFRINGEMENT OF REGISTERED TRADEMARKS)

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14.

RIPL repeats and realleges the allegations in Paragraphs 1 through 13 as if

fully set forth herein.
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Google’s offering, distribution and provision of services of the type described

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in United States Service Mark Registration No. 3,490,487 infringes RIPL’s rights in

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contravention of Title 15 U.S.C. §1114.

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16.

Google’s offering, distribution and provision of services of the type described

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in United States Service Mark Registration No. 3,490,487 has caused and will cause RIPL

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great and irreparable harm unless enjoined by this court.

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COUNT II

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(INFRINGEMENT OF COMMON LAW TRADEMARK)

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RIPL repeats and realleges the allegations in Paragraphs 1 through 16 as if

fully set forth herein.
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Google’s offering, distribution and provision of services of the type described

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in United States Service Mark Registration No. 3,490,487 infringes RIPL’s trademark rights

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in contravention of the common law of Washington and other states in which Google sells or

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otherwise offers such hinges.

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19.

Google’s offering, distribution and provision of services of the type described

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in United States Service Mark Registration No. 3,490,487 in contravention of the common

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law of Washington and other states in which Google sells or otherwise offers such hinges, has

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caused and will cause RIPL great and irreparable harm unless enjoined by this court.

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COUNT III

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(FALSE DESIGNATION OF ORIGIN)

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RIPL repeats and realleges the allegations in Paragraphs 1 through 19 as if

fully set forth herein.

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COMPLAINT - 5

MANN LAW GROUP
1218 Third Avenue, Suite 1809
Seattle, Washington 98101
TELEPHONE: [phone]

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21.

Google’s offering, distribution and provision of services of the type described

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in United States Service Mark Registration No. 3,490,487 falsely designates the origin of

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Google’s service in contravention of Title 15 U.S.C. §1125(a).

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Google’s offering, distribution and provision of services of the type described

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in United States Service Mark Registration No. 3,490,487 in contravention of Title 15 U.S.C.

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§1125(a), has caused and will cause RIPL great and irreparable harm unless enjoined by this

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court.

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COUNT IV

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(UNFAIR COMPETITION)

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23.

RIPL repeats and realleges the allegations in Paragraphs 1 through 22 as if

fully set forth herein.

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24.

Google’s offering, distribution and provision of services of the type described

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in United States Service Mark Registration No. 3,490,487 constitutes unfair competition

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under the common law of Washington and other states in which Google sells or otherwise

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offers such hinges.

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Google’s offering, distribution and provision of services of the type described

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in United States Service Mark Registration No. 3,490,487 in contravention of the common

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law of Washington and other states, has caused and is causing RIPL great and irreparable

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harm unless enjoined by this court.

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COUNT V

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(VIOLATION OF WASHINGTON CONSUMER PROTECTION ACT)

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RIPL incorporates the allegations made in paragraphs 1-25 as if fully set forth

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Google’s offering, distribution and provision of services of the type described

herein.

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in United States Service Mark Registration No. 3,490,487 falsely suggests a connection

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between RIPL's services on the one hand, and its own services on the other to promote the use

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COMPLAINT - 6

MANN LAW GROUP
1218 Third Avenue, Suite 1809
Seattle, Washington 98101
TELEPHONE: [phone]

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of its competing services and to deceive consumers as to the actual origin of the services

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offered, distributed and/or sold through their respective businesses and are having a

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deleterious impact on the public interest and have cause injury to RIPL's business or property.

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Google's actions as alleged above amount to a violation of the Washington

Consumer Protection Act, RCW § 19.86 et seq.
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RIPL is and will continue to be irreparably harmed by Googl'es actions unless

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Google is enjoined from continuing its unauthorized use of RIPL's registered service mark

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and other materials and from falsely representing the actual origin of its own goods and

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services.

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30.

RIPL is entitled to collect damages under RCW 19.86.090 for Google's willful

actions, as well as trebling of damages and an award of attorney's fees.

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PRAYER FOR RELIEF

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WHEREFORE, RIPL Technologies, Inc. demands judgment as follows:

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A.

That Google and all its agents, servants, employees, attorneys and all others

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holding by, or through it, or controlled by it, or controlling it, or in act of concert or

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participation with it, be temporarily and permanently enjoined and restrained from:

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(1)

distributing selling, advertising or offering for services of the same or

confusingly similar type described in United States Service Mark Registration No. 3,490,487;

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(2)

doing any act or thing in breach of any duty owed RIPL;

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(3)

doing any other act or thing calculate to, tending to, or likely to compete

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unfairly with RIPL.
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That Google be ordered to pay over and account to RIPL for all damages

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suffered by RIPL and all profits wrongfully derived by Google as a result of its

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misappropriation and misuse of RIPL’s service mark and other rights.

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C.

That RIPL be awarded its costs and reasonable attorneys fees.

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COMPLAINT - 7

MANN LAW GROUP
1218 Third Avenue, Suite 1809
Seattle, Washington 98101
TELEPHONE: [phone]

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D.

That RIPL be awarded such other and further relief as the court may deem just

and proper.

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RIPL demands a trial by jury on all issues presented in this Complaint.

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Dated this 21st day of November, 2012.

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Respectfully submitted,

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/s/ Philip P. Mann
Philip P. Mann, WSBA No. 28860
MANN LAW GROUP
1218 Third Avenue, Suite 1809
Seattle, Washington 98101
[phone]
Fax [phone]
[e-mail]

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Attorneys for Plaintiff RIPL Corp.

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COMPLAINT - 8

MANN LAW GROUP
1218 Third Avenue, Suite 1809
Seattle, Washington 98101
TELEPHONE: [phone]