Case 2:15-cv-01265-RSL Document 1 Filed 08/11/15 Page 1 of 19 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 10 11 THE POKÉMON COMPANY INTERNATIONAL, INC., a Delaware corporation, 12 14 v. RAGEON, INC., a Delaware corporation, 15 18 19 JURY DEMAND Defendant. 16 17 COMPLAINT FOR COPYRIGHT INFRINGEMENT Plaintiff, 13 No. 2:15-cv-01265 The Pokémon Company International, Inc. (“TPCi”) brings this action against RageOn, Inc. (“RageOn”), owner and operator of the web site located at www.rageon.com (the “RageOn Site”), to put an end to and obtain redress for RageOn’s widespread, blatant and willful infringement of TPCi’s copyrights. 20 I. 21 22 1. SUBJECT-MATTER JURISDICTION This Court has subject-matter jurisdiction over this action under 28 U.S.C. §§ 1331 and 1338(a), because it arises under the Copyright Act (17 U.S.C. § 101, et seq.). 23 II. 24 25 26 2. THE PARTIES Plaintiff, The Pokémon Company International, Inc., is a Delaware corporation with its principal place of business at 601 108th Ave. NE, Suite 1600, Bellevue, Washington 98004. 27 COMPLAINT - 1 DWT 27581969v3 0087890-000026 Davis Wright Tremaine LLP L AW O F FI CE S 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax Case 2:15-cv-01265-RSL Document 1 Filed 08/11/15 Page 2 of 19 1 3. Upon information and belief, Defendant, RageOn, Inc., is a Delaware 2 corporation with its principal place of business at 1163 East 40th Street, Suite 211, Cleveland, 3 Ohio 44114, that designs and sells all-over-print apparel and other products. 4 5 III. 4. PERSONAL JURISDICTION AND VENUE RageOn is subject to personal jurisdiction in this Court because, on information 6 and belief, RageOn transacts business in this judicial district, ships its products to this judicial 7 district, targets advertising to this judicial district and prospective consumers here, and 8 generates substantial revenue from online sales of t-shirts and other merchandise to consumers 9 in this judicial district to whom RageOn markets these products through its highly interactive, 10 commercial web site at www.rageon.com. RageOn also is subject to personal jurisdiction in 11 this Court because this dispute arises from RageOn’s intentionally tortious conduct—namely, 12 willfully and deliberately infringing TPCi’s copyrights—with which RageOn has specifically 13 targeted and injured TPCi in this judicial district. 14 5. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) because a 15 substantial part of the events or omissions giving rise to the claim occurred in this judicial 16 district and has harmed TPCi in this judicial district. Venue also is proper under 28 U.S.C. 17 § 1391(c) because RageOn is subject to personal jurisdiction in this judicial district and 18 therefore is deemed to reside here. 19 IV. FACTUAL ALLEGATIONS 20 A. The Pokémon Trading Card Game and Some of its Characters. 21 6. TPCi manufactures, markets, and distributes a variety of entertainment products, 22 including trading card games, movies, television shows, and toys throughout the United States 23 and around the world. 24 7. At the center of TPCi’s business is the wildly popular Pokémon trading card 25 game (the “Trading Card Game”). Each Pokémon trading card represents a particular character 26 (or “Pokémon”). Players take the role of “Trainers” and use their collected Pokémon to battle 27 COMPLAINT - 2 DWT 27581969v3 0087890-000026 Davis Wright Tremaine LLP L AW O F FI CE S 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax Case 2:15-cv-01265-RSL Document 1 Filed 08/11/15 Page 3 of 19 1 the other Trainers’ creatures. Between games, players collect and exchange trading cards to 2 assemble their optimal decks. 3 8. Each Pokémon trading card contains original artwork depicting a Pokémon 4 character, as well as a description of the character and its powers and abilities, and other data 5 indicating the card’s value. For example, here is a copy of a trading card depicting the iconic 6 character Pikachu: 7 8 9 10 11 12 13 14 15 16 17 9. Under the Copyright Act, TPCi owns the copyrights in the artwork and 18 characters that TPCi has developed over thousands of trading cards for more than a decade. 19 TPCi has registered its claims to copyrights in the trading cards and the characters they depict 20 with the United States Copyright Office. Exhibit A to this Complaint lists TPCi’s copyright 21 registrations in some of these trading cards, including the titles of those works and their 22 corresponding registration numbers (collectively, the “Pokémon Works”). 23 10. TPCi products, and specifically the Trading Card Game cards, are rolled out to 24 significant fanfare and marketed to millions of users both in the United States and around the 25 world. In 2014 alone, TPCi invested over $6 million in domestic advertising and promotions 26 27 COMPLAINT - 3 DWT 27581969v3 0087890-000026 Davis Wright Tremaine LLP L AW O F FI CE S 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax Case 2:15-cv-01265-RSL Document 1 Filed 08/11/15 Page 4 of 19 1 associated with its Trading Card Game. TPCi products are directed at and enjoyed by users of 2 all ages. 3 11. TPCi features the Pokémon characters not only in its vastly successful Trading 4 Card Game, but also in a wide variety of clothing, books, toys, and other merchandise (the 5 “Pokémon Merchandise”) that TPCi creates and sells, both directly and through a world-wide 6 network of licensees. TPCi’s domestic sales of Pokémon Merchandise exceeded $6 million in 7 2014 alone. 8 12. The iconic characters and comprehensive Pokémon world that appear in the 9 Pokémon Trading Card Game also provide a rich source of content for the 18 seasons of 10 TPCi’s long-running televised series of Pokémon cartoons and 17 full-length Pokémon 11 animated motion pictures. 12 13. Through appearances in the Pokémon television programs and films, together 13 with years of development through the Trading Card Game and Pokémon Merchandise, several 14 Pokémon characters have emerged as icons and fan favorites. They include Pikachu, 15 Charizard, Bulbasaur, Snorlax, Squirtle, Charmander, Eevee, Gengar, Slowpoke and 16 Jigglypuff, which are described more fully below. 17 14. Pikachu, the most recognizable Pokémon within the Pokémon universe, has 18 become the principal mascot for TPCi as a company and for the Pokémon brand world-wide. 19 Sample images of this iconic character appear below: 20 21 22 23 24 25 26 15. Pikachu appears on numerous cards in the Pokémon Trading Card Game, and is featured in or around the branding for championship tournaments and other events that TPCi 27 COMPLAINT - 4 DWT 27581969v3 0087890-000026 Davis Wright Tremaine LLP L AW O F FI CE S 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax Case 2:15-cv-01265-RSL Document 1 Filed 08/11/15 Page 5 of 19 1 organizes with respect to the Pokémon Trading Card Game. Pikachu has consistently featured 2 in Pokémon Merchandise since its introduction, and TPCi’s prominent use of Pikachu in such 3 goods has generated enormous consumer recognition. 4 5 6 16. Of the Pokémon Works listed in Exhibit A, Copyright Registrations No. VA0001821217, VA0001908607 and VA0001736210 depict Pikachu. 17. Charizard, another Pokémon character, has generated a strong following among 7 Pokémon fans since it was first introduced. Charizard is regularly featured in the Pokémon 8 Trading Card Game, and a Charizard card remains the most coveted card for collectors. TPCi 9 has featured Charizard in or around the branding for championship tournaments and other 10 events that it organizes with respect to the Pokémon Trading Card Game. Given Charizard’s 11 substantial appeal to fans, TPCi continues to use Charizard frequently on Pokémon 12 Merchandise. Images of Charizard appear below: 13 14 15 16 17 18 19 20 21 22 23 18. Of the Pokémon Works listed in Exhibit A, Copyright Registrations No. VA0001907632 and VA0001938982 depict Charizard. 19. The Pokémon character Bulbasaur made its Trading Card Game debut in 1998 24 and has since appeared on over 15 cards. As one of the first Pokémon, Bulbasaur is highly 25 recognizable and has been featured across multiple product categories including books, toys, 26 games, apparel, and accessories. Images of Bulbasaur appear below: 27 COMPLAINT - 5 DWT 27581969v3 0087890-000026 Davis Wright Tremaine LLP L AW O F FI CE S 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax Case 2:15-cv-01265-RSL Document 1 Filed 08/11/15 Page 6 of 19 1 2 3 4 5 6 7 8 9 20. Of the Pokémon Works listed in Exhibit A, Copyright Registration No. VA000191730 depicts Bulbasaur. 21. The Pokémon character Snorlax also made its Trading Card Game debut in 1998 10 as part of the initial wave of Pokémon characters and has since appeared on over 15 cards. 11 Snorlax has been featured on consumer goods since the late 1990s. This character has 12 resurfaced as a fan favorite in recent years and appears on a variety of products including 13 books, toys, apparel, hats and belts. Images of Bulbasaur appear below: 14 15 16 17 18 19 20 21 22 22. Of the Pokémon Works listed in Exhibit A, Copyright Registrations No. VA0001908694 and VA0001914336 depict Snorlax. 23. The Pokémon character Squirtle similarly made its Trading Card Game debut in 23 1998 and has since appeared on over 15 cards. As one of the first Pokémon, this character is 24 highly recognizable and has been featured across multiple product categories including books, 25 toys, games, apparel, and accessories. Images of Squirtle appear below: 26 27 COMPLAINT - 6 DWT 27581969v3 0087890-000026 Davis Wright Tremaine LLP L AW O F FI CE S 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax Case 2:15-cv-01265-RSL Document 1 Filed 08/11/15 Page 7 of 19 1 2 3 4 5 6 7 24. Of the Pokémon Works listed in Exhibit A, Copyright Registrations 8 No. VA0001907954 and VA0001943062 depict Squirtle. 9 25. The Pokémon character Charmander also made its first Trading Card Game 10 appearance in 1998. It has since appeared on over 15 cards. As one of the original Pokémon, 11 Charmander is highly recognizable and has been featured across multiple product categories in 12 addition to the Trading Card Game, including books, toys, apparel, and accessories. Images of 13 Charmander appear below: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26. Of the Pokémon Works listed in Exhibit A, Copyright Registrations No. VA0001907710 and VA0001940161 depict Charmander. 27. The Pokémon character Eevee first appeared in the Trading Card Game in 1999 and has since appeared on over 20 cards. Eevee was featured on consumer goods in the late 1990s and early 2000s. As a Pokémon with multiple evolved forms , to which additional new forms have added over the years, Eevee is a fan favorite that continues to appear on a variety of COMPLAINT - 7 DWT 27581969v3 0087890-000026 Davis Wright Tremaine LLP L AW O F FI CE S 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax Case 2:15-cv-01265-RSL Document 1 Filed 08/11/15 Page 8 of 19 1 products including books, toys and plush, apparel, and accessories. Images of Eevee appear 2 below: 3 4 5 6 7 8 9 10 11 12 28. Of the Pokémon Works listed in Exhibit A, Copyright Registrations No. VA0001736199 and VA0001917164 depict Eevee. 29. The Pokémon character Gengar made its Trading Card Game debut in 1999 and 13 has since appeared on over 20 cards. Gengar first appeared on consumer goods in the late 14 1990s and early 2000s. This character has resurfaced as a fan favorite in recent years and 15 appears on a variety of products including books, plush, apparel, and accessories. Images of 16 Gengar appear below: 17 18 19 20 21 22 23 24 25 30. Of the Pokémon Works listed in Exhibit A, Copyright Registration No. VA0001755592 depicts Gengar. 26 27 COMPLAINT - 8 DWT 27581969v3 0087890-000026 Davis Wright Tremaine LLP L AW O F FI CE S 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax Case 2:15-cv-01265-RSL Document 1 Filed 08/11/15 Page 9 of 19 1 31. The Pokémon character Slowpoke made its Trading Card Game debut in 1999 2 and has since appeared on over 15 cards. Slowpoke first appeared on consumer goods in the 3 late 1990s and early 2000s. Images of Slowpoke appear below: 4 5 6 7 8 9 10 11 12 13 32. Of the Pokémon Works listed in Exhibit A, Copyright Registration No. VA0001917500 depicts Slowpoke. 33. The Pokémon character Jigglypuff made its Trading Card Game debut in 1999 14 and has since appeared on over 15 cards. Jigglypuff first appeared on consumer goods in the 15 late 1990s and 2000s. Images of Jigglypuff appear below: 16 17 18 19 20 21 22 23 24 25 26 27 34. Of the Pokémon Works listed in Exhibit A, Copyright Registration No. VA0001820724 depicts Jigglypuff. 35. Pikachu, Charizard, Bulbasaur, Snorlax, Squirtle, Charmander, Eevee, Gengar, Slowpoke, and Jigglypuff demonstrate how Pokémon characters cultivate appeal among COMPLAINT - 9 DWT 27581969v3 0087890-000026 Davis Wright Tremaine LLP L AW O F FI CE S 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax Case 2:15-cv-01265-RSL Document 1 Filed 08/11/15 Page 10 of 19 1 Pokémon fans and emerge as central elements for the designs that TPCi selects for its clothing, 2 accessories, and other merchandise. 3 B. RageOn and its Sales of Infringing Goods. 4 36. RageOn sells a wide variety of products printed with colorful all-over artwork. 5 These products include apparel, such as t-shirts, hoodies, sweatpants, sweatshirts, underwear, 6 swimwear, aprons, crop tops, hoodies, jumpers, children’s clothes, long sleeve shirts, bandanas, 7 hats, sandals, shoes, and socks; linens and housewares, including blankets, pillows, duvet 8 covers, pillow cases, shower curtains, and towels; and other merchandise, such as backpacks 9 coffee mugs, telephone cases, and yoga mats. 10 11 12 37. Much of the artwork that RageOn places on the products it sells features Pokémon characters, all of which RageOn uses without permission. 38. RageOn freely admits that its products use Pokémon designs. For example, in 13 its description of an infringing shirt on its website, RageOn states: “Check out this Pokemon 14 Tank Top from Let’s Rage! This all-over print design features some of our favorite Pokemon 15 from the First Generation’s original 151!” RageOn also lists “Pokémon” as a “theme” on its 16 web site that allows customers shopping there to narrow down the product offerings displayed 17 to just those featuring Pokémon characters. Further, one of the “brands” that RageOn uses to 18 collect its designs into categories is called “Pokepuns,” and is devoted entirely to Pokémon- 19 focused merchandise. 20 39. Images of RageOn’s Pokémon designs are also featured in its official social 21 media and promotion. For example, one of the cover photos that RageOn uses for its Facebook 22 page shows two of their Pokémon apparel designs at center— the “Pokémon” sweatshirt 23 featuring the faces of 150 or so Pokémon (http://www.rageon.com/products/rageon-original- 24 151-pokemon-all-over-print-crewneck-sweatshirt) and “I Choose Electric” featuring Pikachu 25 (http://www.rageon.com/products/i-choose-electric-crewneck-sweatshirt). 26 27 COMPLAINT - 10 DWT 27581969v3 0087890-000026 Davis Wright Tremaine LLP L AW O F FI CE S 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax Case 2:15-cv-01265-RSL Document 1 Filed 08/11/15 Page 11 of 19 1 2 3 4 5 6 7 8 In addition, a RageOn-sponsored link on Facebook that used the Pokémon trademark and logo 9 urged users to “like” RageOn if they like Pokémon: 10 11 12 13 14 15 16 17 18 19 20 21 22 Similarly, the header image for RageOn’s YouTube channel (https://www.youtube.com/user/LetsRageClothing) shows someone wearing RageOn’s “Snorlax” T-shirt (depicted in Paragraph 42 below): 23 24 25 26 27 COMPLAINT - 11 DWT 27581969v3 0087890-000026 Davis Wright Tremaine LLP L AW O F FI CE S 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax Case 2:15-cv-01265-RSL Document 1 Filed 08/11/15 Page 12 of 19 1 2 3 4 5 6 7 8 9 40. Because RageOn aims to be an edgy brand, a number of its infringing products depict Pokémon characters in ways that TPCi would never do itself or allow its licensees to do. 10 These include associating Pokémon characters with drug use; showing Pokémon characters 11 being chased by Pedobear, a popular Internet meme for a pedophilic cartoon bear; and 12 depicting Pikachu as a Hasidic Jew surrounded by bundles of money and renaming the 13 character “Pikajew.” 14 41. RageOn’s infringing merchandise includes numerous designs that showcase 15 Pikachu, Charizard, Bulbasaur, Snorlax, Squirtle, Charmander, Eevee, Gengar, Slowpoke, 16 Jigglypuff and other popular Pokémon characters. A few examples are set forth below: 17 18 19 20 21 22 23 24 25 26 27 COMPLAINT - 12 DWT 27581969v3 0087890-000026 Davis Wright Tremaine LLP L AW O F FI CE S 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax Case 2:15-cv-01265-RSL Document 1 Filed 08/11/15 Page 13 of 19 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 COMPLAINT - 13 DWT 27581969v3 0087890-000026 Davis Wright Tremaine LLP L AW O F FI CE S 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax Case 2:15-cv-01265-RSL Document 1 Filed 08/11/15 Page 14 of 19 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 COMPLAINT - 14 DWT 27581969v3 0087890-000026 Davis Wright Tremaine LLP L AW O F FI CE S 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax Case 2:15-cv-01265-RSL Document 1 Filed 08/11/15 Page 15 of 19 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 COMPLAINT - 15 DWT 27581969v3 0087890-000026 Davis Wright Tremaine LLP L AW O F FI CE S 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax Case 2:15-cv-01265-RSL Document 1 Filed 08/11/15 Page 16 of 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 42. 21 22 23 Each piece of merchandise bearing one of the Pokémon Works that RageOn makes, distributes and sells is a direct infringement of TPCi’s exclusive rights in the Pokémon Works. V. 24 (Copyright Infringement, 17 U.S.C. § 101, et seq.) 25 26 27 CAUSE OF ACTION 43. TPCi realleges and incorporates by reference all of the allegations set forth in paragraphs 1 through 42 above. COMPLAINT - 16 DWT 27581969v3 0087890-000026 Davis Wright Tremaine LLP L AW O F FI CE S 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax Case 2:15-cv-01265-RSL Document 1 Filed 08/11/15 Page 17 of 19 44. 1 2 copyrightable subject matter under the laws of the United States. 45. 3 4 Each of the Pokémon Works constitutes an original work of authorship and TPCi is the sole owner of copyright in the Pokémon Works, as noted on the corresponding Certificates of Registration. 46. 5 RageOn has copied, created derivative works of, distributed copies to the public, 6 and/or displayed publicly Pokémon Works without the consent or authority of TPCi, thereby 7 directly infringing TPCi’s exclusive rights under Section 106 of the Copyright Act17 U.S.C. 8 § 106. 47. 9 10 rights, in violation of the Copyright Act, 17 U.S.C. § 501(a). 48. 11 12 The foregoing acts of RageOn constitute infringement of TPCi’s exclusive RageOn’s actions were and are intentional, willful, wanton, and performed in disregard of TPCi’s rights. 49. 13 TPCi is entitled to injunctive relief pursuant to 17 U.S.C. § 502. TPCi has no 14 adequate remedy at law for RageOn’s wrongful conduct because, among other things, 15 (a) TPCi’s copyrights are unique and valuable property which have no readily determinable 16 market value, (b) RageOn’s continued infringement harms TPCi such that TPCi could not be 17 made whole by a monetary award alone, and (c) RageOn’s wrongful conduct, and the resulting 18 damage to TPCi, is continuing. 50. 19 TPCi has been and will continue to be damaged, and RageOn has been unjustly 20 enriched, by RageOn’s unlawful infringement of TPCi’s copyrights in an amount to be proven 21 at trial. 22 51. Alternatively, TPCi is entitled to statutory damages under 17 U.S.C. § 504(c). 23 52. In addition, for the reasons set forth above, the award of statutory damages 24 should be enhanced in accordance with 17 U.S.C. § 504(c)(2). 25 53. TPCi is also entitled to recover its attorneys’ fees and costs of suit pursuant to 26 17 U.S.C. § 505. 27 COMPLAINT - 17 DWT 27581969v3 0087890-000026 Davis Wright Tremaine LLP L AW O F FI CE S 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax Case 2:15-cv-01265-RSL Document 1 Filed 08/11/15 Page 18 of 19 VI. 1 2 3 4 5 6 WHEREFORE, TPCi respectfully requests judgment be entered in its favor and against RageOn as follows: 1. 9 10 distributing copies of, and/or publicly displaying the Pokémon Works. 2. 13 14 15 any profits of RageOn that are attributable to the infringement and are not taken into account in computing the actual damages; or in the alternative, at the election of TPCi at any time before final judgment is rendered, b. statutory damages pursuant to 17 U.S.C. § 504(c), within the higher range allowed when infringement has been committed willfully. 3. 18 19 20 21 4. 24 25 An order under 17 USC §503(b) directing a. impoundment, on such terms as the Court may deem reasonable, (i) all copies made or used in violation of the exclusive right of TPCi; (ii) all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which such copies may be reproduced; and (iii) records documenting the manufacture, sale, or receipt of things involved in any such violation, provided that any records seized shall be taken into the custody of the Court; and 22 23 An award to TPCi of its costs of suit, including, but not limited to, reasonable attorneys’ fees, as permitted by law; 16 17 An award of: a. the actual damages suffered by TPCi as a result of RageOn’s infringement, and 11 12 A permanent injunction perpetually enjoining and restraining RageOn, and all persons or entities acting in concert with it, from copying, creating derivative works from, 7 8 PRAYER FOR RELIEF b. destruction or other reasonable disposition of all copies found to have been made or used in violation of TPCi’s exclusive rights, and of all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which such copies may be reproduced; and 5. Such other relief as the Court deems just and proper. 26 27 COMPLAINT - 18 DWT 27581969v3 0087890-000026 Davis Wright Tremaine LLP L AW O F FI CE S 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax Case 2:15-cv-01265-RSL Document 1 Filed 08/11/15 Page 19 of 19 DEMAND FOR JURY TRIAL 1 2 3 4 Pursuant to Rule 38 of the Federal Rules of Civil Procedure, TPCi demands a trial by jury of all issues so triable. DATED this 11th day of August, 2015. 5 Davis Wright Tremaine LLP Attorneys for Plaintiff The Pokémon Company International, Inc. 6 7 8 By s/ Stuart R. Dunwoody Stuart R. Dunwoody WSBA #13948 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 Telephone: 206-757-8034 Fax: 206-757-7034 E-mail: stuartdunwoody@dwt.com 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COMPLAINT - 19 DWT 27581969v3 0087890-000026 Davis Wright Tremaine LLP L AW O F FI CE S 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax