Case 4:18-cv-02010-DMR Document 1 Filed 04/02/18 Page 1 of 155

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Steven S. Baik (SBN 184622)
sbaik@sidley.com
Ryuk Park (SBN 298744)
ryuk.park@sidley.com
SIDLEY AUSTIN LLP
1001 Page Mill Road
Building 1
Palo Alto, CA 94304
Telephone: +1 650 565 7074
Facsimile: +1 650 565 7100

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Rollin A. Ransom (SBN 196126)
rransom@sidley.com
SIDLEY AUSTIN LLP
555 West Fifth Street
Los Angeles, CA 90013
Telephone: +1 213 896 6047
Facsimile: +1 213 896 6600

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Attorneys for Plaintiffs PUBG Corporation and
PUBG Santa Monica, Inc.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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PUBG Corporation and
PUBG Santa Monica, Inc.,

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Case No.

Plaintiffs,
PLAINTIFFS’ COMPLAINT FOR:

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vs.
NetEase, Inc. and
NetEase Information Technology Corporation,

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Defendants.

1) COPYRIGHT INFRINGEMENT UNDER
17 U.S.C. § 101 et seq.;
2) TRADE DRESS INFRINGEMENT
UNDER 15 U.S.C. § 1125(a);

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3) UNFAIR COMPETITION UNDER CAL.
BUS. & PROF. CODE § 17200 et seq. AND
CAL. COMMON LAW

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4) UNFAIR COMPETITION UNDER CAL.
COMMON LAW

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DEMAND FOR JURY TRIAL

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PLAINTIFFS’ COMPLAINT FOR COPYRIGHT INFRINGEMENT, TRADE DRESS
INFRINGEMENT AND UNFAIR COMPETITION

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Plaintiffs PUBG Corporation and PUBG Santa Monica, Inc. (collectively, “PUBG”), by and

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through their attorneys, for their complaint against Defendants NetEase, Inc. and NetEase

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Technology Corporation (collectively, “Defendants”) state as follows:

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INTRODUCTION
1.

This is an action for copyright infringement under the United States Copyright Act of

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1976, 17 U.S.C. § 101 et seq. (“Copyright Act”); trade dress infringement under the United States

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Trademark Act of 1946, 15 U.S.C. 1051 et seq. (“Lanham Trademark Act”); and unfair business

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competition under California State Law, Cal. Bus. & Prof. Code § 17200 et seq. (“California Unfair

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Competition Law”) and California common law.

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PARTIES
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Plaintiff PUBG Corporation (“PUBG”) is a corporation organized and existing under

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the laws of the Republic of Korea, having its principal place of business located at 7F, 8F, 12,

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Seocho-daero 38-gil, Seocho-gu, Seoul, Republic of Korea.

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3.

Plaintiff PUBG Santa Monica, Inc. (“PUBG America”) is a corporation organized

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and existing under the laws of the State of Delaware, having its principal place of business located at

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1223 Wilshire Blvd. Num. 1015, Santa Monica, CA 90403. Plaintiff PUBG America is a wholly-

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owned subsidiary of Plaintiff PUBG.

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4.

Upon information and belief, Defendant NetEase, Inc. (“NetEase”) is a corporation

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organized and existing under the laws of the Cayman Islands, having its principal place of business

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located at Building No. 7, West Zone, Zhongguancun Software Park (Phase II), No.10 Xibeiwang

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East Road, Haidian District, Beijing 100193, People’s Republic of China. Upon information and

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belief, NetEase is registered to do business in the State of Delaware under its former English name,

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NetEase.com (U.S.) Inc., and has a registered agent for service of process at The Corporation Trust

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Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801. Upon

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information and belief, shares of NetEase have been listed on the NASDAQ Global Select Market

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since June 30, 2000, under the symbol “NTES,” and NetEase regularly files reports with the United

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States Securities and Exchange Commission. Upon information and belief, Defendant NetEase

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maintains an Investor Relations contact in New York, New York, in the United States.
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5.

Upon information and belief, Defendant NetEase Information Technology Corp.

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(“NetEase IT”) is a corporation organized and existing under the laws of California, having its

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principal place of business located at 2000 Sierra Point Parkway, Suite 800, Brisbane, California

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94005. Upon information and belief, Defendant NetEase Information Technology Corp. is a

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subsidiary of Defendant NetEase. Upon information and belief, Defendant NetEase Information

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Technology, Corp. operates under the name NetEase North America and/or the name NetEase

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Games. Upon information and belief, Defendant NetEase Information Technology, Corp.’s

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registered agent for service process is CT Corporation System (C0168406), 818 West Seventh

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Street, Suite 930, Los Angeles, CA 90017.

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JURISDICTION
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This Court has subject matter jurisdiction over PUBG’s claims for copyright

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infringement under the Copyright Act pursuant to 17 U.S.C. §§ 101, 501 et seq. and 28 U.S.C. §§

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1331 (federal subject matter jurisdiction) and 1338(a) (any act of Congress relating to copyrights,

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patents and trademarks).

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7.

This Court has subject matter jurisdiction over PUBG’s claims for trade dress

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infringement under the Lanham Trademark Act pursuant to 15 U.S.C. 1051 et seq. and 28 U.S.C.

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§§ 1331 and 1338(a).

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This Court has subject matter jurisdiction over PUBG’s claims for unfair competition

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under California Unfair Competition Law pursuant to Cal. Bus. & Prof. Code § 17200 et seq. and 28

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U.S.C. §§ 1338(b) and 1367.

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This Court has personal jurisdiction over Defendant NetEase because it regularly

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conducts business in California and in this judicial district, including through its subsidiary,

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Defendant NetEase IT, and through distribution of its mobile games through the Apple App Store

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and the Android Google Play distribution network. This Court also has personal jurisdiction over

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Defendant NetEase because it has committed acts in California and in this judicial district giving rise

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to this action. To the extent Defendant NetEase is found not to be subject to jurisdiction in any

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state’s courts of general jurisdiction, this Court has personal jurisdiction over Defendant NetEase

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pursuant to Fed. R. Civ. P. 4(k)(2) because of its extensive contacts with the United States, including
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the acts giving rise to this action.

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This Court has personal jurisdiction over Defendant NetEase IT because it is

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incorporated in California, because it has its principal place of business in California and in this

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judicial district, and because it has committed acts in California and in this judicial district giving

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rise to this action.

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Defendants are subject to both specific and general personal jurisdiction. Defendants

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market, monetize, and support the derivative works described below throughout the United States by

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means of the Apple App Store and Android Google Play distribution network. Further, on

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information and belief, Defendants regularly solicit and conduct business in and/or derive substantial

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revenue from goods and services provided to residents of California. Accordingly, both jurisdiction

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and venue are proper in this court. 28 U.S.C. §§ 1391 and 1400.

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VENUE

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Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b) and (c) and

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pursuant to 28 U.S.C. § 1400(a), because a substantial part of the events giving rise to this action

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occurred in this judicial district, because Defendants are subject to this Court’s personal jurisdiction

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with respect to this action, and because all Defendants reside either within this judicial district or

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outside of the United States.

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INTRADISTRICT ASSIGNMENT

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Pursuant to Civil L. R. 3-2(c), this action is excluded from the Court’s division-

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specific venue rule and will be assigned on a district-wide basis because it is an Intellectual Property

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case.

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FACTUAL BACKGROUND

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Brendan Greene and the BATTLEGROUNDS Game

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Brendan Greene is a widely-recognized video game developer. Mr. Greene is well

known as “PlayerUnknown,” which is a screen name he used while playing and developing games.
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In or about March 2016, Bluehole Ginno Games, Inc. (“Bluehole Ginno”) hired Mr.

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Greene to develop a computer game, which ultimately was named PLAYERUNKNOWN’S

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BATTLEGROUNDS. On or about September 14, 2017, Plaintiff PUBG USA was formed as a
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wholly-owned subsidiary of Bluehole Ginno, to support the community of players and fans of

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PLAYERUNKNOWN’S BATTLEGROUNDS in the United States, including by promoting

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tournaments and interacting with players and streamers. On or about September 29, 2017, Bluehole

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Ginno was renamed PUBG Corp., and Plaintiff PUBG is the successor-in-interest to Bluehole Ginno

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with respect to PLAYERUNKNOWN’S BATTLEGROUNDS.

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PLAYERUNKNOWN’S BATTLEGROUNDS (“BATTLEGROUNDS”) was

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developed as a computer video game for personal computers (“PCs”) running the Windows

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operating system. In early 2017, BATTLEGROUNDS was made accessible to limited groups of

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players during closed alpha and beta testing and development periods. On or about March 23, 2017,

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an early-access beta version of BATTLEGROUNDS was made publicly available through Steam, an

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online computer game distribution site. On or about December 20, 2017, PUBG released version 1.0

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of BATTLEGROUNDS. PUBG has continued to expend considerable time, money and resources in

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further development and promotion of BATTLEGROUNDS, and in fostering the

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BATTLEGROUNDS community.

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Additionally, PUBG has developed and is continuing to develop versions of

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BATTLEGROUNDS for platforms other than PCs running the Windows operating system. For

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example, a licensed version of BATTLEGROUNDS for the Xbox gaming system was released on or

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about December 12, 2017. As another example, PUBG is working with a third party to develop and

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release mobile versions of BATTLEGROUNDS for the iOS and Android platforms. These mobile

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versions are currently in beta testing and were recently publicly released.

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Bluehole Ginno and PUBG expended significant time, money, and other resources to

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develop BATTLEGROUNDS. In early 2016, a team of about 35 developers was supporting this

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project, and by June 2017 the team had expanded to about 70 developers.

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BATTLEGROUNDS became an instant hit and has achieved high levels of success in

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the computer gaming and console gaming industry. When the early-access public beta version of

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BATTLEGROUNDS was released in March 2017, it sold a million copies in less than a month and

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reached the million-copies mark faster than any other game ever sold on the Steam distribution

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platform. By July 2017, BATTLEGROUNDS had achieved over one hundred million dollars in
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sales. By September 2017, over ten million copies of BATTLEGROUNDS had been sold. In

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September 2017, BATTLEGROUNDS broke an all-time Steam record by having 1.35 million

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concurrent players (i.e., players playing at the same time). In December 2017, BATTLEGROUNDS

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reached 3 million concurrent players.

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To date, over twenty-eight million copies of the PC version of BATTLEGROUNDS,

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and over four million copies of the Xbox version of BATTLEGROUNDS have been sold.

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Additionally, real-world and online BATTLEGROUNDS tournaments take place on a regular basis,

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with tens of thousands of participants, attendees, and viewers.

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Copyrightable Audiovisual Subject Matter in BATTLEGROUNDS

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BATTLEGROUNDS is an original work of creative expression that provides

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interactive audiovisual entertainment to players. BATTLEGROUNDS contains numerous unique,

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creative audio and visual elements, including numerous individual works of creative expression that

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each individually constitute copyrightable subject matter. Further, the selection and arrangement of

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individual audio and visual elements in BATTLEGROUNDS constitutes copyrightable subject

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matter. In addition, the total look and feel of BATTLEGROUNDS constitutes copyrightable subject

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matter.

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BATTLEGROUNDS is an original work of authorship and, its audio-visual aspects

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constitute copyrightable subject matter under the copyright laws of the United States. Plaintiff

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PUBG owns, and at all relevant times and including through its predecessor Bluehole Ginno has

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owned, the copyrights in BATTLEGROUNDS and has complied with all statutory requirements in

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securing a federal copyright registration for this work. Applications to register Plaintiff PUBG’s

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copyrights in the audio-visual aspects of the early-access public beta and subsequent versions of

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BATTLEGROUNDS for PC were filed on March 30, 2018. 1

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The copyrightable audiovisual aspects of the PC version of BATTLEGROUNDS 2

Case Nos. 1-6444365542 and 1-6444329777 (for PLAYERUNKNOWN’S BATTLEGROUNDS
(Version 2.6), and Case Nos. 1-6444365308 and 1-6444027916 (for PLAYERUNKNOWN’S
BATTLEGROUNDS (Version 2.1)).
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The current PC version of BATTLEGROUNDS differs from the early-access public beta version for
PC in certain respects but generally provides the same or similar game play experience and the
elements depicted here appear in both. The early-access Xbox version of BATTLEGROUNDS and
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include individual and collective creative and artistic expressions within the game, including but not

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limited to the following audio/visual/audiovisual/gameplay arrangement and look and feel.

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Pre-Game Lobby and Waiting Area. Each game of BATTLEGROUNDS begins

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with all of the players entering from a “lobby” to a designated waiting area on the play map.

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Typically, players wait in a lobby, where they can potentially chat, but not physically (in the virtual

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world) interact with each other or the game play environment. BATTLEGROUNDS provides a

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waiting area located within the game play map to allow the players to interact with each other and

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the game play area. Weapons such as hand-held melee weapons (e.g., machete, crowbar, and the

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iconic frying pan), grenades, hand guns, shot guns, and various types of rifles and machine guns are

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available for players to explore and experience without inflicting damage.

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The players are able to talk to and interact with each other, practice firing their weapons, and roam

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around the scene. The players remain in this interactive pre-game waiting area until enough players

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have connected to the game for competitive gameplay to begin.

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the closed beta development mobile versions of BATTLEGROUNDS also vary in certain aspects but
generally provide the same or similar game play experience as the PC versions. The elements
depicted here also appear in the Xbox version of BATTLEGROUNDS. Hereafter,
“BATTLEGROUNDS” refers to the first early-access public beta version for PC and subsequent
versions that are the subject of the copyright registration applications.
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The pre-game waiting area creatively provides the players with an interactive audiovisual

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experience, allowing them to engage with each other and explore the environment and weapons of

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the game before competitive gameplay begins. This lower-pressure, slower-paced illustration of

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objects, scenes, and actions is an artistic presentation that allows players to experience and
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appreciate these aspects of the animated fantasy world differently than they do during tense

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competitive gameplay. The creative expression of a pre-game lobby and interactive waiting area in

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BATTLEGROUNDS is a copyrightable audio-visual work, individually and/or in combination with

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other elements of BATTLEGROUNDS. Additionally, this creative expression of the pre-game

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lobby and interactive waiting area has taken on secondary meaning as an emblem of

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BATTLEGROUNDS and of PUBG. For example, it has been the subject of a live-action

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BATTLEGROUNDS parody skit, available at
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https://www.youtube.com/watch?v=cPGLLZu5lz4&list=PLSMETuURtTXCngmWf_wUWfnzTjn0
4XF-B&index=10.

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Air Jump. When a sufficient number of players have connected to the game

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(typically, 100 players), the players are transported to an aircraft. In other shooter games, players

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“spawn” or just appear on the game play map in either a pre-designated or random location. Rather

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than the typical spawning mechanic, BATTLEGROUNDS has created an interactive approach which

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allows the player to choose where to begin play on the game play map.

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As the aircraft flies over a game play map, the player can watch the aircraft and the game play map

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terrain underneath. The route of the aircraft is randomized for each game. The route can be seen on

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a mini-map embedded within a corner of the game play screen as well as a map screen showing the

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entire island in which the plane is indicated by a

symbol.

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Each player can choose to jump out of the aircraft anywhere along the route of the aircraft. The time

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at which a player chooses to jump affects the player’s experience in dropping down to ground level

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which, in turn, affects the location where the player will land. During the jump, the player can

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choose to free fall and guide him/herself towards different areas of the play map. During free fall,

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the player has a bird’s eye panoramic view of the play map and can view other players as they also

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descend to Earth.

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At any time before reaching a critical low altitude, the player can open his/her parachute and glide

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down to a landing.

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The Air Drop experience in BATTLEGROUNDS is a creative artistic experience created by PUBG.

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This aspect of the game artistically presents the fantasy world of BATTLEGROUNDS through

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unusual and varied angles of perspective and movement. It provides the player with a dynamic and

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interactive game-starting and location-selecting experience, in contrast to conventional shooter

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games in which characters spawn in pre-determined or random locations. Additionally, the player

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experiences an audiovisual representation of free-falling to earth while surveying the game play

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terrain and other players in freefall and while parachuting to earth—an unprecedented experience in

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shooter games. This creative and interactive expression of the introduction to a game play map

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expresses a narrative fantasy through creative images and sounds. The Air Jump is a copyrightable

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audio-visual work, individually and/or in combination with other elements of BATTLEGROUNDS.

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Additionally, this creative expression of the Air Jump has taken on secondary meaning as an emblem

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of BATTLEGROUNDS and of PUBG. For example, it has been featured in live-action

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BATTLEGROUNDS parody skits, such as those available at

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https://www.youtube.com/watch?v=4hqqFqcr1K8 and

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https://www.youtube.com/watch?v=cPGLLZu5lz4&list=PLSMETuURtTXCngmWf_wUWfnzTjn0

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4XF-B&index=10.

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Play Map. While many shooter games have a game play map, each game play map

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is unique. Similarly, PUBG created a unique game play map, as shown below, which is much larger

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than previous shooter games. The player’s decision when to jump from the aircraft and to freefall to

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a particular location on the game play map may also depend upon the actual game play map.

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BATTLEGROUNDS uses a single game play map entitled “Erangel.”

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As shown, above, Erangel is a large island with a secondary island connected by bridges and a
smaller third island (top right corner) that is not connected to the main island. The islands are

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populated with different types of game play areas and terrains, such as towns, a military base, a port,

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farms, a lighthouse, various buildings, canals, roads, open space and thousands of other unique

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elements. Plaintiff PUBG created Erangel, including the types and locations of game play areas, and

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the designs of the terrain and buildings, to give players a unique visual gameplay experience, as well

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as a diversity of areas for game play. The Play Map, a unique and creative expression of a game

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play map, is a copyrightable visual and/or audio-visual work, individually and/or in combination

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with other elements of BATTLEGROUNDS.

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Character Attributes. While many shooter games display attributes of a player,

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BATTLEGROUNDS include unique and creative expressions of certain types of attributes created

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by PUBG. Each player has a set of attributes, such as health and speed. All characters possess the

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same set of attributes. During gameplay, a health bar is displayed. A unique expression of health

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and abilities in BATTLEGROUNDS is the display of a “boost” bar. Initially, players start with zero

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boost. Certain items, explained with regard to consumables, below, can increase a player’s boost

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level. Depending upon the amount of boosting, the player’s health is increased at different rates over

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time. At higher levels of boost, the player also receives an increase in speed.

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The “boost” factor is unique to BATTLEGROUNDS, created to provide an additional dimension to

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the typical health/hit points attributes used in prior games. These and other creative expressions of

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the unique attributes, especially the effects of the level of boost, are copyrightable audio-visual

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works, individually and/or in combination with other elements of BATTLEGROUNDS.

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Additionally, this creative expression of boost has taken on secondary meaning as an emblem of

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BATTLEGROUNDS and of PUBG. For example, it has been featured in a live-action

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BATTLEGROUNDS parody skit, available at

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https://www.youtube.com/watch?v=DBwpMDaMoOI&list=PLSMETuURtTXCngmWf_wUWfnzTj

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n04XF-B&index=1.

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Equipment Acquisition. In BATTLEGROUNDS, each player lands with nothing

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except clothing and a belt. After landing, the player must seek out weapons, modifications to

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weapons, ammunition, armor, equipment, clothing and consumables. The player can also find and

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use vehicles located throughout the map. Starting with nothing is a key creative and artistic

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component of BATTLEGROUNDS. The requirement of scavenging results in the players being

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forced to compete for resources and necessary interaction.

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visual work, individually and/or in combination with other elements of BATTLEGROUNDS.

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Additionally, this creative expression of equipment acquisition has taken on secondary meaning as

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an emblem of BATTLEGROUNDS and of PUBG. For example, it has been featured in live-action

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BATTLEGROUNDS parody skits, such as those available at
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PLAINTIFFS’ COMPLAINT FOR COPYRIGHT INFRINGEMENT, TRADE DRESS
INFRINGEMENT AND UNFAIR COMPETITION

BATTLEGROUNDS’ unique expression of Equipment Acquisition is a copyrightable audio-

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https://www.youtube.com/watch?v=kM8Cws9tiTQ&list=PLSMETuURtTXCngmWf_wUWfnzTjn0

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4XF-B&index=5 and https://www.youtube.com/watch?v=4hqqFqcr1K8.

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Weapons, Modifications and Ammunition. BATTLEGROUNDS includes realistic

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weapons to simulate real life combat. PUBG created a realistic combat environment, including

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realistic weapons action (e.g., recoil) and sounds. These expressions of specific weapon audio

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elements used in BATTLEGROUNDS are protectable works as a combination of the audio synced

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to the visual operation of the weapons. The types of weapons include melee weapons (e.g., crowbar,

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machete, sickle and a frying pan), bows, hand guns, rifles, shot guns, assault rifles, sniper rifles,

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machine guns and grenades. The visual appearances of the weapons are realistic, but each weapon

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has been stylized to make it distinct from actual real life weapons. For example, the grain pattern on

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wooden pieces, configurations of the rifles and machine guns, the wear on melee weapons all

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provide unique details and styling to each weapon, as seen below.

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Ammunition for the various firearms can also be found. To add further realism, items that modify

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the operation of the firearms can also be found, such as different types of optical scopes, stocks,

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magazines of varying capacities, suppressors, and grips. The variety of modifications provides

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thousands of combinations of available weapons, leading to diverse gameplay. Additionally, PUBG

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assigned specific characteristics to each weapon, such as the amount of damage per hit they inflict,

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recoil, reload time, number of rounds per magazine, range, blast radius (e.g., shotgun and grenades).

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These expressions of specific characteristics of the weapons, weapon modifications,

and ammunition are copyrightable works, providing realism during gameplay as well as a balanced
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game experience for the players. With regard to damage, PUBG added a further creative aspect to

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the BATTLEGROUNDS game. As discussed further with regard to armor, the amount of damage

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depends upon where the opposing player is hit. If the opposing player is hit in the body or the head,

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different amounts of damage are inflicted on the opposing player. Additionally, the amount of armor

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worn by the opposing player affects the amount of damage received by the opposing player. All

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these unique expressions of BATTLEGROUNDS weapons, weapon modifications, and ammunition

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are individually and/or in combination with each other or with other elements of

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BATTLEGROUNDS protectable copyrightable audio, visual and/or audio-visual works.

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32.

Armor. In addition to weapons, the player can find and use various types of armor.

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In particular, the types of armor in BATTLEGROUNDS include helmets and vests. Helmets

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provide armor protection to the player’s head, while the vests provide armor protection to the body.

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There are three levels of armor protection for both helmets and vests. Vests also increase carrying

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capacity, as explained further with regard to belts and backpacks, below. Again, PUBG created

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specific statistics for the amount of armor protection and reduction in damage received from a hit.

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Additionally, each piece of armor can only absorb a specific amount of damage (i.e., hit points)

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before the armor is rendered ineffective. Shown, below, are images of the various armor and

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helmets.

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The helmet with the visor, in particular, has achieved secondary meaning, becoming intricately

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identified with BATTLEGROUNDS. A Google search for “PUBG helmet” or “Battlegrounds

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helmet” results in hits that for the most part include the image of the helmet with the visor. PUBG

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created unique visually realistic appearing expressions of armor such as helmets and vests, while
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adding flair and artistry to these expressions to make them copyrightable visual and/or audio-visual

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works, individually and/or in combination with each other or with other elements of

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BATTLEGROUNDS.

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33.

Clothing. In addition to armor, the user can pick up additional clothing, such as

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jackets, pants, hats, goggles, glasses, gloves, masks, shoes and shirts. The pieces of clothing do not

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affect gameplay but is an artistic expression that provides the player with a visually diverse

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gameplay experience as well as allowing each player to express him/herself. The use of mixed

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street-wear and military equipment further reinforces the imaginative experience for players by

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furthering the game’s premise in which everyday citizens from different backgrounds are forced into

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an environment in which only one player will be left alive.

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However, clothing does affect gameplay in terms of camouflage. Clothing can be used to assist the

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player to blend in with the environment, making the player less visually detectable. In particular,

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BATTLEGROUNDS includes a Ghillie suit, a full body suit covered with camouflaging material

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typically used by snipers. The Ghillie suit allows the player to become nearly visually invisible

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depending upon the terrain.
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Unlike other shooter games, BATTLEGROUNDS does not display player designators above
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opposing players. The player must visually detect an opposing player without any aid other than
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equipment found in gameplay, such as an optical scope. Thus, the colors and stylings of the clothing
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found in BATTLEGROUNDS adds to the rich tapestry of the gameplay experience while permitting
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artistic expression. The appearances and styles of clothing found in BATTLEGROUNDS are
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protectable visual and/or audio-visual works, individually and/or in combination with each other or
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with other elements of BATTLEGROUNDS.
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34.

Equipment. The BATTLEGROUNDS player can also find equipment, such as belts

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and backpacks. Belts and backpacks not only have unique visual appearances, they are functional as
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well. Each player starts with a belt, which permits the player to hold a certain amount of items
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(capacity). Additionally, the belt allows the player to attach two weapons to his/her waist, such as a
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melee weapon or grenade. The backpack provides additional carrying capacity.
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The belts and the different types of backpacks can carry different amounts of equipment and

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supplies, as developed by PUBG. As noted, PUBG also created uniquely creative visual appearances

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for each belt and backpack, making them copyrightable visual and/or audio-visual works,

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individually and/or in combination with each other or with other BATTLEGROUNDS elements.

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35.

Configuration. The player has the freedom to determine how to equip him/herself

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during gameplay. PUBG designed slots for easily accessible weapons. In particular, two slots are

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designated for rifles or shotguns, each carried around one of the player’s shoulders. A third slot is

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designated for a hand gun. Fourth and fifth slots are designated for melee weapons or grenades, to

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be carried along the player’s waist.

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Additionally, clothing, equipment and armor are equipped as appropriate on the character’s body.

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The particular set up of the configurable slots is a unique expression created by PUBG, and the slots

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are copyrightable visual and/or audio-visual works, individually and/or in combination with each

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other or with other BATTLEGROUNDS elements.

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36.

The “Frying Pan.” One very beloved aspect of creative expression in

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BATTLEGROUNDS is the game’s iconic frying pan. Previous shooter games did not include the

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use of a frying pan. In BATTLEGROUNDS, a character who obtains a frying pan may use it as a

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hand-held melee weapon and also may use it as armor. When the frying pan is equipped on a

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character’s waist, the frying pan is depicted as covering the character’s posterior (buttocks). When

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so equipped, as a purely artistic and creative expression injecting humor into the game, the frying
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pan is the only indestructible armor in the game (i.e., armor that can absorb infinite hit points

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without deteriorating), providing complete protection against projectiles aimed at a character’s

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posterior. Thus, the imaginative treatment of a frying pan as a melee weapon is made even more

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remarkable by its further treatment as armor against shots to the butt of a character. The frying pan

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element thus creatively adds humor and whimsy to the audiovisual presentation of the game. PUBG

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animation of a frying pan as both weapon and indestructible butt armor is a copyrightable visual

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and/or audio-visual work, individually and/or in combination with other elements of the

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BATTLEGROUNDS.

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Character holding frying pan as melee weapon

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Ricochet off frying pan worn as armor

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Furthermore, the frying pan has taken on secondary meaning as an emblem of the

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BATTLEGROUNDS game and of PUBG. For example, it has been the subject of a live-action

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BATTLEGROUNDS parody skit, available at,

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https://www.youtube.com/watch?v=jfQGY8xaxO0&list=PLSMETuURtTXCngmWf_wUWfnzTjn0

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4XF-B&index=12. It has also been featured in other BATTLEGROUNDS parodies and memes.

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See, e.g., https://www.youtube.com/watch?v=bywZTWzkuQM; see also

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https://9gag.com/gag/aVM1Aby/best-pubg-armor.

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Sample PUBG frying pan meme
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37.

Consumables. While the player attempts to stay alive, he/she can also gather

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consumables, such as bandages, first aid and medical kits, painkillers, adrenaline syringes, energy
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drinks and gas cans. Bandages, first aid kits and medical kits heal the character’s health varying
21
amounts instantly upon application, the application time of each also varying. The energy drink,
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painkiller and syringe increase the player’s boost level, which provides regeneration over time
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and/or an increase in player speed, as discussed with regard to boost level, above. However, the
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energy drink instantly increases the player’s character’s health a set amount, and also increases the
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player’s boost level. The syringe can only be found in an air dropped supply box, and provides the
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largest amount of increase in boost level, providing healing and speed boost. The gas can is used to
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refuel vehicles, as discussed further, below. The expressions of the consumables’ abilities to
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increase the health of a player, as well as increasing the player’s boost level, are unique to

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BATTLEGROUNDS and are copyrightable visual and/or audio-visual works, individually and/or in

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combination with each other or with other BATTLEGROUNDS elements. Additionally, the unique

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depictions of certain consumables in BATTLEGROUNDS, such as the energy drinks, have taken on

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secondary meaning as emblems of BATTLEGROUNDS and PUBG due to their non-traditional,

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light-hearted and whimsical use. For example, the energy drinks have been the subject of a live-

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action BATTLEGROUNDS parody skit, available at

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https://www.youtube.com/watch?v=DBwpMDaMoOI&list=PLSMETuURtTXCngmWf_wUWfnzTj

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n04XF-B&index=1 and

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https://www.youtube.com/watch?v=V_vUrY1MczI&index=9&list=PLSMETuURtTXCngmWf_wU

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WfnzTjn04XF-B&index=9 ; see also https://www.youtube.com/watch?v=V_vUrY1MczI.

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38.

Vehicles. Plaintiff PUBG has included vehicles to BATTLEGROUNDS to provide

13

an immersive life like experience. In addition to the planes that drop the players and supply boxes,

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various automobiles and boats can be found throughout the game play map. Automobiles include

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stylized buggies, off road vehicles, motorcycles (with or without a sidecar), vans, pickups, and

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sedans. Each automobile has distinctive operating sounds that can be recognized by experienced

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players. The automobiles come in varying colors and conditions. Automobiles also start with a

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certain amount of boost, which when activated increases the speed of the automobile but at the cost

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of increased fuel consumption. As noted previously, players can refuel automobiles with gas cans.

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39.

The automobiles exhibit realistic handling. For example, taking a hard turn may

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cause the automobile to flip over. Automobiles may also provide a measure of protection from fire

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from opposing players as well, but can also explode from enemy fire. Additionally, players can

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obtain a speed boat or jet ski to travel over the water to the islands. Additionally, other types of

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vehicles can be seen and heard throughout the game, such as the plane used for the parachute drop,

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and the plane used for parachuting supply boxes, as discussed further, below. These vehicles also

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have distinctive and artistic operating sounds which players can recognize during game play. These

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expressions of vehicles in BATTLEGROUNDS are copyrightable audio, visual and/or audio-visual

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works, individually and/or in combination with each other or with other BATTLEGROUNDS

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elements. These expressions of vehicles have also taken on secondary meaning as an emblem of

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BATTLEGROUNDS and of PUBG. For example, they have been featured in live-action
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BATTLEGROUNDS parody skits, such as those available at

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https://www.youtube.com/watch?v=sQ6s6ujf6kY&list=PLSMETuURtTXCngmWf_wUWfnzTjn04

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XF-B&index=2 ,

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https://www.youtube.com/watch?v=V_vUrY1MczI&index=9&list=PLSMETuURtTXCngmWf_wU

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WfnzTjn04XF-B&index=9, and https://www.youtube.com/watch?v=4hqqFqcr1K8.

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40.

Weapon, Equipment and Vehicle Spawning. While many of the weapons,

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consumables and vehicles are located randomly throughout the game play map, they may also spawn

8

at certain set locations. Fixed spawn locations allows experienced players to focus on certain areas

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of the game play map to obtain items and vehicles. Spawn locations of highly desired items further

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promote players to interact in BATTLEGROUNDS. The mix of randomness and fixed spawn

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locations provides unlimited possibilities for game play strategy. These expressions of weapons,

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equipment, and vehicle spawning are copyrightable visual and/or audio-visual works, individually

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and/or in combination with other elements of BATTLEGROUNDS.

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Equipment spawning in a house

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Vehicle spawning in a garage
41.

Game Areas & Buildings. The BATTLEGROUNDS game play map includes a

number of areas, such as towns, farms, a power plant and even a shooting range. The artistic
renderings and locations of these areas provide an entertaining backdrop to game play in
BATTLEGROUNDS.

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In addition, PUBG has created artistic renderings of various type of buildings throughout the
immersive game play map. Buildings include outposts, warehouses, houses, buildings, and even a
lighthouse. Again, the variety and types of buildings create a realistic environment, as well as

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providing strategic locations for game play.

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Thus, these expressions of landscapes and buildings within BATTLEGROUNDS are copyrightable

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visual and/or audio-visual works, individually and/or in combination with each other or with other

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elements of BATTLEGROUNDS.

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42.

Movement. Players can move around in many different ways. They can stand, walk,

2

run, take a prone position, crawl in a prone position or take a kneeling position. The various

3

positions provide benefits and disadvantages. For example, a player can shoot a rifle most

4

accurately in a prone position, but leaves the player vulnerable if detected. Shooting from a standing

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position is less accurate, but the player can readily walk or run to cover after taking a shot.

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However, walking and running creates more noise than crawling. These expressions of player

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movements and accompanying sounds in Battleground are copyrightable audio, visual and/or audio-

8

visual works, individually and/or in combination with each other or with other elements of

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BATTLEGROUNDS.

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43.

Sounds and Noise. The audiovisual experience of BATTLEGROUNDS includes

11

numerous expressive sounds that contribute to the audiovisual depiction of the imaginary spaces,

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objects, and actions. Unlike other computer games, there is no music during gameplay. The player

13

must listen to his/her environment to obtain a competitive edge. For example, the player can hear an

14

opposing player’s footsteps, a supply drop aircraft flying overhead, and the distinctive gunshots of

15

the various firearms. PUBG created each unique sound to augment the realism of the audiovisual

16

presentation; they allow the player to react to the sounds and, with a trained ear, distinguish the type

17

of firearm being used. As another example, each vehicle sounds different. A player can discern the

18

approach of a vehicle, and potentially determine the vehicle type, from sounds. These distinctive

19

audiovisual expressions add richness to the gameplay created by PUBG. In fact, many

20

commentators have identified the relationship between success in the game and the ability to identify

21

and discern these player, weapon and vehicle sounds. See, e.g.,

22

https://www.turtlebeach.com/blog/how-audio-helps-you-get-your-chicken-dinner-in-pubg/;

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https://www.redbull.com/gb-en/pubg-xbox-one-tips-guide;

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https://www.youtube.com/watch?v=zBSBu72qF0s. The game also includes other distinctive

25

sounds, such as the sounds of parachuting through the wind, the sounds of male and female

26

characters being attacked, the sound of tires destroying objects, and the sounds of item acquisition.

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These unique sounds are copyrightable in combination with other elements of BATTLEGROUNDS.

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44.

Air Drops. Another artistic aspect of BATTLEGROUNDS are air drops of supply

2

boxes from a flying aircraft. As the aircraft approaches, the players can hear the sound of the

3

aircraft, alerting them to a potential air drop.

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The supply boxes are colored red and covered by a blue tarp, and parachute down from the aircraft.

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When the supply box lands, red smoke wafts up from the landing site, drawing the attention of

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players to the location of the supply box and creating a dramatic visual impression.

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The supply box provides the first player to reach it with either weapons, modifications to weapons

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(e.g., a scope), ammunition, clothing (e.g., camouflaged clothing) or medical supplies. Players can

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either speed towards the supply box to obtain the supplies, or lurk around the supply box to snipe

23

other players that approach the supply box. These expressions of air drops in BATTLEGROUNDS

24

are copyrightable, individually and/or in combination with each other or with other elements of

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BATTLEGROUNDS. The supply boxes also have also taken on secondary meaning as an emblem

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of BATTLEGROUNDS and of PUBG. Fans have created skits evoking the identifiable red smoke

27

and red and blue supply boxes. See https://www.youtube.com/watch?v=0dG6HliC9OI;

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https://www.youtube.com/watch?v=YDp87dUytd8.
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45.

Bombardment Zone (Red Zones). PUBG inserted an artistic periodic event where a

2

circular zone, marked in red on the game map, is targeted for bombardment. Prior to bombardment,

3

the players are warned of the impending barrage. This creative event conveys fear, danger, and

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urgency, causing players to either seek shelter or evade the bombardment, potentially running into

5

other players. However, merely obtaining shelter may not completely protect the player if he/she is

6

too near an opening (e.g., door or window). The bombardment is an artistic catalyst to create further

7

interaction between the players. This expression of a bombardment zone is a copyrightable visual

8

and/or audio-visual work, individually and/or in combination with other elements of

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BATTLEGROUNDS. The bombardment zone has also taken on secondary meaning as an emblem

10

of BATTLEGROUNDS and of PUBG. For example, it has been featured as a punchline in multiple

11

live-action BATTLEGROUNDS parody skits, available at

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https://www.youtube.com/watch?v=pqSN7lsPs2k.

13

46.

Shrinking Gameplay. The conclusion of each game is creatively precipitated by the

14

shrinking of the gameplay area within the map. A timer is provided to the players notifying them

15

when the viable play area will shrink to a circle within the game play map. The first large circle is

16

displayed in white on the game map, indicating where the players will be confined after the timer

17

expires. A large blue circle covering the entire map appears and slowly shrinks down to the first

18

white circle. Players caught outside of the closing blue circle will begin losing health until they

19

either reach the interior of the first white circle or their health falls to zero. A new timer begins and

20

a smaller circle within the first circle appears on the map. After the expiration of the second timer,

21

the first circle is displayed in blue, which begins shrinking down to the smaller white. The process

22

repeats four times, until the game play is restricted to a final circle of area representing a relatively

23

small area within the game play map.

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The rate of loss of health outside the circles also increases, players caught outside the final circle
instantly falling to zero health. This creative aspect of BATTLEGROUNDS forces the players to
converge to a single location to resolve who will be the last player standing. The timing, sizes, and
progression of the shrinking game play area results in a unique experience in each game, paces
gameplay to reduce lulls in the action, and provides ever increasing tension in the game. PUBG’s
expression of the shrinking game play area is a copyrightable visual and/or audio-visual work,
individually and/or in combination with other elements of BATTLEGROUNDS. The shrinking
game play area has also taken on secondary meaning as an emblem of BATTLEGROUNDS and of
PUBG. For example, it has been the subject of various live-action BATTLEGROUNDS parody
skits. See
https://www.youtube.com/watch?v=RPFZgk_O8Ok&list=PLSMETuURtTXCngmWf_wUWfnzTjn

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04XF-B&index=3;

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https://www.youtube.com/watch?v=V_vUrY1MczI&index=9&list=PLSMETuURtTXCngmWf_wU

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WfnzTjn04XF-B&index=9; https://www.youtube.com/watch?v=pqSN7lsPs2k;

4

https://www.youtube.com/watch?v=YDp87dUytd8; and

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https://www.youtube.com/watch?v=4hqqFqcr1K8. See also

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https://www.youtube.com/watch?v=sQ6s6ujf6kY&list=PLSMETuURtTXCngmWf_wUWfnzTjn04

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XF-B&index=2;

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https://www.youtube.com/watch?v=5FW7xb8jWew&list=PLSMETuURtTXCngmWf_wUWfnzTjn

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04XF-B&index=25.

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47.

“Down But Not Out.” BATTLEGROUNDS features three play modes: (1) “solo” in

11

which a each player fights alone against the field; (2) “duo” in which players are teamed into groups

12

of two and fight to be the last duo remaining; and (3) “squad” in which players are grouped into

13

squads of 4 and fight to be the last squad remaining. In “duo” and “squad” modes, every member of

14

a team needs to die to be considered defeated. However, in both modes, players survive for a short

15

time even after their health/energy has been depleted. During this time, that player may be revived

16

by a team who crouches next to the fallen player for a pre-determined period of time which is

17

referred to as “Down But Not Out (“DBNO”).” PUBG’s expression of DBNO gameplay is a

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copyrightable visual and/or audio-visual work, individually and/or in combination with other

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elements of BATTLEGROUNDS. The DBNO gameplay element has also taken on secondary

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meaning as an emblem of BATTLEGROUNDS and of PUBG. For example, it has been the subject

21

of various live-action BATTLEGROUNDS parody skits. See

22

https://www.youtube.com/watch?v=HhZZIu8Yem4&list=PLSMETuURtTXCngmWf_wUWfnzTjn0

23

4XF-B&index=4;

24

https://www.youtube.com/watch?v=KD9sMqp7bdE&list=PLSMETuURtTXCngmWf_wUWfnzTjn

25

04XF-B&index=6; and

26

https://www.youtube.com/watch?v=5FW7xb8jWew&list=PLSMETuURtTXCngmWf_wUWfnzTjn

27

04XF-B&index=25.

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48.

“Winner Winner Chicken Dinner.” Should a player be the last player standing at

2

the end of the game, he/she is rewarded with a salutary “Winner Winner Chicken Dinner!”

3

announcement.

4
5
6
7
8
9
10
11

Victory Screen from BATTLEGROUNDS

12

The juxtaposition of this lighthearted expression of victory with the survival narrative of the game

13

adds elements of surprise and humor to the work, and the artistic inclusion of this emphatic

14

expression has become particularly beloved by the gaming community. “Winner Winner Chicken

15

Dinner” in the context of a shooter game is a copyrightable work in combination with other elements

16

of Battleground. Furthermore, this catchphrase has taken on secondary meaning within the gaming

17

community as an emblem of BATTLEGROUNDS and of PUBG; it has become nearly synonymous

18

with BATTLEGROUNDS to gamers.

19

As an example, this phrase also has been featured in memes, live-action parody videos, and other

20

responsive content created by fans. For example, it has been featured in live-action

21

BATTLEGROUNDS parody skits, such as those available at

22

https://www.youtube.com/watch?v=jfQGY8xaxO0&list=PLSMETuURtTXCngmWf_wUWfnzTjn0

23

4XF-B&index=12, https://www.youtube.com/watch?v=O9JsWOo-

24

Qyk&list=PLSMETuURtTXCngmWf_wUWfnzTjn04XF-B&index=13,

25

https://www.youtube.com/watch?v=EAnPxrg5kUE&index=16&list=PLSMETuURtTXCngmWf_w

26

UWfnzTjn04XF-B&index=16, and https://www.youtube.com/watch?v=4hqqFqcr1K8, and it has

27

also been featured in other BATTLEGROUNDS parodies and memes.

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2

Copying in Rules of Survival Game
49.

Rules of Survival: Rules of Survival (“ROS”) is a video game that was made and

3

released by Defendants. ROS was released for mobile devices in the United States on or about

4

November 14, 2017.

5
6
7

50.

On information and belief, Defendants created ROS by copying BATTLEGROUNDS

and with the intention of creating a version of BATTLEGROUNDS for mobile devices.
51.

On information and belief, Defendants intended to create consumer confusion as to

8

the source of ROS and intended to cause consumers to believe, incorrectly, that ROS had been

9

developed by PUBG. On information and belief, Defendants intended to misappropriate consumer

10
11

goodwill toward PUBG in order to market and gain economic benefit from ROS.
52.

On information and belief, there has in fact been confusion in the marketplace as to

12

the source and origin of ROS, with consumers believing, incorrectly, that ROS was developed by

13

PUBG. For example, ROS has been referred to in the marketplace as “PUBG on Mobile,” “Mobile

14

PUBG,” and the “BEST MOBILE PUBG”:

15
16
17
18
19
20
21
22
23
24
25
26

Sampling of player videos available at https://goo.gl/hNupQo

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53.

On information and belief, commentators in the industry have characterized ROS as a

2

copy, “rip-off,” “knock-off,” or “clone” of BATTLEGROUNDS. For example, one industry

3

commentator observed that “fans viewed the game [i.e., ROS] simply as a rip-off of the highly

4

successful ‘PlayerUnknown’s Battlegrounds (‘PUBG’)” because “[e]verything about it screamed

5

‘PUBG’ as the majority of its elements seem to have been taken from the popular Xbox One title.”

6

https://www.christiantoday.com/article/rules-of-survival-update-includes-bigger-map-that-can-fit-

7

300-players/125498.htm. Other industry commentators have repeatedly characterized ROS as a

8

“clone” or “knock-off” of BATTLEGROUNDS, or “[h]eavily modeled after” BATTLEGROUNDS.

9

Samples of such commentary are available at http://toucharcade.com/2018/02/07/new-300-player-

10

fearless-fjord-map-is-now-playable-in-latest-rules-of-survival-update/;

11

https://www.cnet.com/news/playerunknown-battlegrounds-mobile-rules-of-survival-clone/;

12

http://www.pocketgamer.co.uk/r/Android/Rules+of+Survival/feature.asp?c=76595; and

13

https://www.vg247.com/2017/10/18/remember-that-chinese-mobile-pubg-knock-off-its-back-with-

14

new-gameplay/.

15

54.

On information and belief, the ROS app can be downloaded to a mobile device free of

16

charge, and the ROS game can be played free of charge. On information and belief, Defendants have

17

released ROS into the marketplace at or below cost for the purpose of gaining market share before

18

PUBG releases BATTLEGROUNDS for mobile devices.

19
20
21
22

55.

ROS contains many elements that are substantially similar to copyrightable elements

of creative audiovisual expression in BATTLEGROUNDS, including at least the following.
56.

Total Look and Feel. The overall look, feel, and audiovisual style of ROS closely

mimic the stylized realism of BATTLEGROUNDS.

23
24
25
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Rules of Survival

BATTLEGROUNDS

2
3
4
5
6
7
8
9
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12
13
14
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9
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13
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15
16
17
18
19
20
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22
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24
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57.

Overall Gameplay. The overall look and feel of gameplay in ROS very closely

matches that of BATTLEGROUNDS. For example, the narrative arc of the game; the audio and
visual representations of movement, shooting, healing and boosting; and the battle formats presented
(e.g., player versus everyone and small teams versus everyone) all correspond to those of
BATTLEGROUNDS.
58.

Boosting. ROS includes boosting misappropriates the boosting aspect of

BATTLEGROUNDS, thus copying this unique expression of bodily nourishment and fortification in
the artistic manner created by PUBG. ROS includes a health (hit points) bar with symbols located
over it: a heart with a plus symbol, which indicates regeneration, and a running symbol indicating
increased speed, very similar to BATTLEGROUNDS’ boost bar. Both BATTLEGROUNDS and
ROS offer an energy drink as one boost item and a syringe as another boost item, and in both games
the syringe is available only via air drop. In both games, the energy drinks increases hit points, and
potentially a boost in speed. In both games, the syringe restores a greater amount of health as well

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as providing increased speed.

2
3
4
5
6
7
8
9
10

59.

Pre-Play Area. As in BATTLEGROUNDS, the ROS audiovisual experience begins

11

with a pre-play area where players can meet each other and try out weapons while waiting for

12

enough players to join. While prior games have used pre-play screens and areas, the expressive

13

depiction of a pre-play area in BATTLEGROUNDS, which encourages players to interact with

14

another, use weapons, and explore gameplay mechanics is unique. On information and belief,

15

Defendants copied PUBG’s expressive depictions of the pre-play area where other depictions could

16

have been used for the purpose of evoking the same pre-play experience depicted in

17

BATTLEGROUNDS.

18
19
20
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60.

Play Map. Like BATTLEGROUNDS, ROS provides a map defining the area of

2

play, and the ROS map is substantially similar to the BATTLEGROUNDS map. The

3

BATTLEGROUNDS map and ROS map each comprises a large island in a square-ish shape with a

4

canal leading to a large city, along with a smaller unconnected island. Both maps feature towns,

5

farms, buildings, fields, trees, roads, bridges and feature mountainous topography which is depicted

6

as if taken using a reconnaissance satellite as well as featured location indicators and white lettered

7

descriptions of those featured areas. Although maps have been used in prior games, the depiction of

8

the map in ROS is strikingly similar to the depiction of the map in BATTLEGROUNDS. On

9

information and belief, Defendants copied PUBG’s expressive depiction of the map where another

10

depiction could have been used.

11
12
13
14
15
16
17
18
19
20
21
22

BATTLEGROUNDS Play Area Map

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24
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2
3
4
5
6
7
8
9
10

ROS Play Area Map

11
12

61.

Scenes and Locations. Many of the locations, structures, landscapes, and other

13

features within the ROS play area closely correspond to those within the BATTLEGROUNDS play

14

area. For example, the BATTLEGROUNDS play area and the ROS play area each contain a

15

shooting range, a rural aqueduct, a port with shipping containers and a farm area. These areas in KO

16

are strikingly similar to those in BATTLEGROUNDS. On information and belief, Defendants

17

copied PUBG’s expressive depictions of the scenes and locations identified below where other

18

depictions could have been used for the purpose of evoking the same gameplay experience depicted

19

in BATTLEGROUNDS.

20
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22
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2
3
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6
7
8
9

BATTLEGROUNDS shooting range

10
11
12
13
14
15
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17
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19

ROS shooting range

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Additionally, they each contain a concrete aqueduct in a rural setting.

2
3
4
5
6
7
8
9
10
11

BATTLEGROUNDS rural aqueduct

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13
14
15
16
17
18
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20
21

ROS rural aqueduct

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23
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Additionally, they each contain a port with many shipping containers, where items spawn in similar

2

locations in both games.

3
4
5
6
7
8
9
10
11

BATTLEGROUNDS port with shipping containers

12
13
14
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18
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20

ROS port with shipping containers

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Additionally, they each contain a farm area with a tractor and haystacks that provide cover.

2
3
4
5
6
7
8
9
BATTLEGROUNDS farm area

10
11
12
13
14
15
16
17
18

ROS farm area

19
20

62.

Buildings. The ROS play area contains numerous buildings that are substantially

21

similar to buildings in BATTLEGROUNDS. Although buildings have been used in prior games, the

22

facades and layouts of the buildings in ROS are strikingly similar to those in BATTLEGROUNDS.

23

On information and belief, Defendants copied PUBG’s expressive depictions of the buildings

24

identified below where other depictions could have been used for the purpose of evoking the same

25

gameplay experience depicted in BATTLEGROUNDS. For example, each game contains a two-

26

story home with a garage, garage roof deck, front door, windows, rooflines, and masses of the same

27

shapes, proportions, and layouts.

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2
3
4
5
6
7
8
9

BATTLEGROUNDS two-story home

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11
12
13
14
15
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18

ROS two-story home

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20
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8
9

Garage roof deck on BATTLEGROUNDS two-story home

10
11
12
13
14
15
16
17
18
19

Garage roof deck on ROS two-story home

20

As another example, both games contain a three-story residential building with masses, rooflines,

21

entrances, windows, and roof decks, of the same shapes, proportions, and layouts.

22
23
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25
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9

Three-story residential building in BATTLEGROUNDS

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11
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14
15
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18
19

Three-story residential building in ROS

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9

Roof deck on three-story residential building in BATTLEGROUNDS

10
11
12
13
14
15
16
17
18
Roof deck on three-story residential building in ROS
19
20

As another example, each game contains an elongated single-story building with mass, windows,

21

roofline, entrance, doorway, steps, balconies, railings of the same shapes, proportions, and layouts.

22
23
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3
4
5
6
7
8
9

Single-story building in Battleground

10
11
12
13
14
15
16
17
18
19

Single-story building in ROS

20

As another example, each game contains an observation tower with a platform, roof, and staircase of

21

approximately the same shape and proportions.

22
23
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3
4
5
6
7
8
Observation towers in BATTLEGROUNDS

9
10
11
12
13
14
15
16
17

Observation tower in ROS

18
19

The foregoing are selected representative examples and not an exhaustive catalogue of the large

20

number of similarities in the BATTLEGROUNDS and ROS game play areas.

21

63.

Air Jump. Play begins in ROS with a transport airplane from which players jump,

22

freefall, and parachute into the play area. As in BATTLEGROUNDS, the route of the plane is

23

shown in a mini-map within the play screen, and players can choose to jump at any point. Both ROS

24

and BATTLEGROUNDS use similar types of vehicles, similar expressions of a satellite-view map

25

depicting various locations and their names, and similar expressions to indicate the user’s location

26

on the map. On information and belief, Defendants copied PUBG’s expressive depictions of an Air

27
28
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Jump where other depictions could have been used for the purpose of evoking the same introductory

2

experience felt by players of BATTLEGROUNDS.

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19

Transport Airplane in BATTLEGROUNDS

20
21
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3
4
5
6
7
8
9
10
11
12
13
14
15
16

Transport Airplane in ROS

17
18
19
20
21
22
23
24
25
26
27

Airplane Route Map in PUBG

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2
3
4
5
6
7
8
Airplane Route Map in ROS

9
10

64.

Freefall and Parachuting. As in BATTLEGROUNDS, following the jump from the

11

airplane, a player can choose to freefall or parachute toward the ground. The depiction of freefall in

12

KO is strikingly similar to the depiction of freefall in BATTLEGROUNDS. Further, KO uses the

13

same depiction of a parachute as used in BATTLEGROUNDS. On information and belief,

14

Defendants copied PUBG’s expressive depictions of freefall and parachuting, where other depictions

15

could have been used, solely for the purpose of evoking the same introductory experience felt by

16

players of BATTLEGROUNDS.

17
18
19
20
21
22
23
24
25

Freefall in BATTLEGROUNDS

26
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2
3
4
5
6
7
Freefall in ROS

8
9
10
11
12
13
14
15
16

Parachuting in BATTLEGROUNDS

17
18
19
20
21
22
23
24
25

Parachuting in ROS
65.

Weapons. The firearms, melee weapons, and throwable weapons in ROS are

26

substantially similar to those in BATTLEGROUNDS. In general, and on information and belief,

27

each weapon in ROS corresponds to a weapon in BATTLEGROUNDS that is the same type of

28
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weapon, inflicts the same or a similar amount of damage per hit, has a similar appearance, has a

2

similar operation, has similar attachments, and has a similar name. Further, the assortment of

3

weapons and weapon types available in ROS are substantially similar to those in

4

BATTLEGROUNDS, as explained in further detail below.

5

66.

Firearms. The firearms in ROS are substantially similar to those in

6

BATTLEGROUNDS, having the same or similar type, appearance, and, on information and belief,

7

performance statistics (e.g., load capacity and damage inflicted per discharge). For example, the

8

“Tommy Gun” submachine gun in BATTLEGROUNDS and the “Thompson” submachine gun in

9

ROS have substantially similar appearances and performance statistics. Although weapons have

10

been used in prior games, on information and belief, Defendants have copied PUBG’s graphical,

11

statistical and audio expressions of the weapons identified below where other graphical, statistical

12

and audio expressions could have been used. For example, note the similarity of the grip, magazine

13

and the stock of both the BATTLEGROUNDS “M416” and the ROS “MA14” assault rifle.

14
15
16
17
18
19

“M416” Assault Rifle in BATTLEGROUNDS

20
21
22
23
24
25
26

“MA14” Assault Rifle in ROS

27
28
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As another example, the “Tommy Gun” submachine gun in BATTLEGROUNDS and the

2

“Thompson” submachine gun in ROS have substantially similar appearances and performance

3

statistics.

4
5
6
7
8
9

“Tommy Gun” Submachine Gun in BATTLEGROUNDS

10
11
12
13
14

“Thompson” Submachine Gun in ROS

15

As another example, the “AWM” sniper rifle in BATTLEGROUNDS and the “AWM” sniper rifle in

16

ROS have substantially similar appearances and performance statistics. Note the same color scheme

17

of the two rifles. Both rifles are available in different color schemes, but Defendants chose the color

18

scheme of their AWM rifle to closely mimic the appearance of the AWM rifle in

19

BATTLEGROUNDS.

20
21
22
23
24

“AWM” Sniper Rifle in BATTLEGROUNDS

25
26
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2
3
4
5
6

“AWM” Sniper Rifle in ROS, with scope and bipod attached

7

The foregoing are selected representative examples and not an exhaustive catalogue of the large

8

number of similarities.

9

67.

Attachments and Modifications for Firearms. The attachments and modifications

10

for firearms in ROS are substantially similar to those in BATTLEGROUNDS, having the same or

11

similar type, appearance, and on information and belief, performance statistics. For example, both

12

games offer muzzle attachments in the form of silencers/suppressors, flash hiders, compensators, and

13

a shotgun choke; both games offer an angled grip attachment and vertical grip attachment; both

14

games offer similar assortments of magazines and stocks, including “Extended” magazines,

15

“QuickDraw” magazines, and “Extended QuickDraw” magazines; and both games offer similar

16

assortment of scopes, including a “red dot sight” that is depicted similarly in both games. Selected

17

representative examples are shown below:

18
19
20
21
22

“Red Dot Sight” in BATTLEGROUNDS

23
24
25
26
27
“Red Dot Sight” in ROS
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6

Angled Foregrip and Vertical Foregrip in BATTLEGROUNDS

7
8
9
10
11
12

Triangle Grip and Vertical Foregrip in ROS

13

For example, note that the sniper rifle check pads in both games depict two adjustments in the exact

14

same position despite the fact that this type of cheek pad is highly uncommon. In fact, when

15

searching “sniper rifle cheek pad,” on Google, the only result depicting this style of cheek pad

16

references the cheek pad used in BATTLEGROUNDS.

17
18
19
20

https://www.google.com/search?safe=off&biw=943&bih=921&tbm=isch&sa=1&ei=YY2yWq3QJq
LajwSd7rDIAw&q=sniper+rifle+cheek+pad&oq=sniper+rifle+cheek+pad&gs_l=psyab.3...0.0.0.5996.0.0.0.0.0.0.0.0..0.0....0...1c..64.psy-ab..0.0.0....0.-JD66v_6sts:

21
22
23
24
25
26

Cheek Pad for Sniper Rifle in BATTLEGROUNDS

27
28
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1
2
3
4
5
6
Sniper Rifle Cheek Pad in ROS
7
8
9
10
11
12
13

Bullet Loops for Shotgun in BATTLEGROUNDS

14
15
16
17
18
19

Shotgun Bullet Loop in ROS

20
21
22
23
24
25

Extended Magazine for Submachine Guns in BATTLEGROUNDS

26
27
28
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1
2
3
4
5

Submachine Gun Extended Magazine for ROS

6
7
8
9
10
11

Suppressor, Compensator, and Flash Hider for Sniper Rifles in BATTLEGROUNDS

12
13
14
15
16

Silencer, Compensator, and Flash Hider for Sniper Rifles in ROS

17

The foregoing are selected representative examples and not an exhaustive catalogue of the large

18

number of similarities.

19

68.

Melee Weapons. The melee weapons in ROS are substantially similar to those in

20

BATTLEGROUNDS. Both games offer a frying pan and a crowbar that are depicted similarly and

21

operate similarly. The use of cookware as a melee weapon is highly uncommon in shooter type

22

games, and Defendants’ use of a frying pan with the same shape and properties as the frying pan

23

introduced in BATTLEGROUNDS was intended to misappropriate Plaintiff PUBG’s unique

24

expression

25
26
27
28
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1
2
3
4
5
6
7
8
Frying Pan and Crowbar in BATTLEGROUNDS

9
10
11
12
13
14
15

Frying Pan and Crowbar in ROS

16
17

Additionally, in ROS, a rubber chicken is available as a melee weapon that causes damage. Holding

18

the rubber chicken also enables the character to run faster. The use of a rubber chicken to illustrate

19

the form of this melee weapon is unnecessary because other objects could have been used to

20

illustrate the same functions. On information and belief, Defendants’ decision to include a rubber

21

chicken as a melee weapon in ROS was made for the sole purpose of evoking the iconic “Winner

22

Winner Chicken Dinner” emblem of BATTLEGROUNDS.

23
24
25
26
27

Rubber Chicken Melee Weapon in ROS
69.

Throwable Weapons. The throwable weapons in ROS also are substantially similar

28
61
PLAINTIFFS’ COMPLAINT FOR COPYRIGHT INFRINGEMENT, TRADE DRESS
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1

to those in BATTLEGROUNDS. Each game has four grenades: a frag grenade, a stun grenade, a

2

smoke grenade, and a Molotov cocktail. The grenades are depicted similarly, operate similarly, and,

3

upon information and belief, inflict the same level of damage in each game. For example, in both

4

BATTLEGROUNDS and ROS, the Molotov cocktail does not have a delayed explosion.

5
6
7
8
9
10

Fragmentation Grenade, Stun Grenade, Smoke Grenade, and Molotov Cocktail in
BATTLEGROUNDS

11
12
13
14
15
16
17
18

Frag Grenade, Stun Grenade, Smoke Grenade, and Molotov Cocktail in ROS

19

The grenades in ROS are depicted similarly to the grenades in BATTLEGROUNDS. The frag

20

grenade in each game is depicted as having a removable pin, a lever and a rounded body. The stun

21

and smoke grenades are each oblong cylinders with a pin and lever and have writing on the side of

22

the canister. On information and belief, Defendants copied PUBG’s expressive depictions of the

23

grenades identified above where other depictions could have been used. Additionally, ROS includes

24

an exploding chicken grenade, which is depicted as a metal chicken. It has a larger blast radius than

25

the frag grenade but deals the same amount of damage. The use of a chicken head to illustrate a

26

grenade variation is unnecessary, because other objects or images could have been used to illustrate

27

the same functions. On information and belief, Defendants’ decision to include an exploding

28

chicken as a throwable weapon in ROS was made for the sole purpose of evoking the iconic “Winner
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Winner Chicken Dinner” emblem of BATTLEGROUNDS.

2
3
4
5
6
7
8
9

70.

Armor. The armor in ROS is substantially similar to the armor in

BATTLEGROUNDS. Each game has three levels of helmets and three levels of body armor, and

10

these items are depicted similarly, operate similarly, and, on information and belief, provide the

11

same levels of damage reduction.

12
13
14
15
16
17
18

BATTLEGROUNDS Helmets providing good damage reduction (Level 1), better damage reduction
(Level 2), and best damage reduction (Level 3), respectively

19
20
21
22
23

ROS Helmets providing good damage reduction (Level 1), better damage reduction (Level 2), and
best damage reduction (Level 3), respectively

24

The different levels of helmets are expressed similarly across both games. For example, the “Level

25

1” helmet in both games is a motorcycle or scooter-style helmet which covers the top, back and sides

26

of the wearer’s head. The “Level 2” helmet in both games is a camouflaged military helmet and

27

covers the same areas of the wearer’s head as the “Level 1” helmet. Finally, the “Level 3” helmet in

28

both games resembles a special forces helmet covers all sides of the wearer’s head including the
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front and has a shiny black appearance, and both include a visor. On information and belief,

2

Defendants copied PUBG’s expressive depictions of the helmets identified above where other

3

depictions could have been used.

4
5
6
7
8
9
10

BATTLEGROUNDS Body Armor providing good damage reduction (Level 1), better damage
reduction (Level 2), and best damage reduction (Level 3), respectively

11
12
13
14
15
16
17

ROS Body Armor providing good damage reduction (Level 1), better damage reduction (Level 2),
and best damage reduction (Level 3), respectively
Additionally, both games provide a frying pan for use as armor, as discussed further below.
71.

Frying Pan. As explained above in paragraph 68, ROS provides a frying pan that can

18

be used both as a melee weapon and as armor, as in BATTLEGROUNDS. The frying pan in ROS is

19

designed with the same shape and characteristics as the frying pan in BATTLEGROUNDS. As with

20

the BATTLEGROUNDS frying pan, the ROS frying pan provides medium damage output when

21

used as a melee weapon and can deflect shots when in a character’s hand or on a character’s back.

22

The use of a frying pan to illustrate this item of weaponry and armor is unnecessary to the game,

23

because other objects could have been used to illustrate the same functions. On information and

24

belief, Defendants’ decision to include a frying pan as a melee weapon and armor item in ROS was

25

made for the sole purpose of evoking the iconic frying pan emblem of BATTLEGROUNDS.

26
27
28
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1
2
3
4
5
6
7
8

Frying pan wielded as melee weapon in BATTLEGROUNDS

9
10
11
12
13
14

Frying pan wielded as melee weapon in ROS

15
16
17
18
19
20
21
22
23

Frying pan worn as butt armor in BATTLEGROUNDS

24
25
26
27
28
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
Frying pan worn as butt armor in ROS

16
17

72.

Clothing and Other Wearable Equipment. The clothing and other items of

18

wearable equipment in ROS are substantially similar to those in BATTLEGROUNDS. Each game

19

has a similar assortment of such items, which are depicted similarly, operate similarly, and, on

20

information and belief, possess the same or similar statistics. For example, ROS offers three levels

21

of backpacks with increasing capacity, corresponding to those in BATTLEGROUNDS.

22
23
24
25
26
27
28
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2
3
4
5
6
7
8

BATTLEGROUNDS Backpacks providing good damage reduction (Level 1), better damage
reduction (Level 2), and best damage reduction (Level 3), respectively

9
10
11
12
13

ROS Backpacks providing good damage reduction (Level 1), better damage reduction (Level 2), and
best damage reduction (Level 3), respectively

14

The different levels of backpacks are expressed similarly across both games. For example, the

15

“Level 1” and “Level 2” backpacks in both games are similarly contoured. The “Level 3” backpacks

16

in both games are much rounder and noticeably distinct from other backpacks. On information and

17

belief, Defendants copied PUBG’s expressive depictions of the backpacks identified above where

18

other depictions could have been used. As another example, ROS offers a full-body “Ghillie Suit”

19

that camouflages a player like the full-body “Ghillie Suit” in BATTLEGROUNDS.

20
21
22
23
24
25
26
27

Ghillie Suit in BATTLEGROUNDS

28
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2
3
4
5
6
7
8
9

Ghillie Suit in ROS

10
11
12
13
14
15
16
17

Character wearing Ghille Suit in BATTLEGROUNDS

18
19
20
21
22
23
24
25
26
27

Character wearing Ghille Suit in ROS

28
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As another example, ROS offers various types of pants, shirts, shoes, jackets, hats, gloves, masks,

2

glasses, goggles that can be worn by characters, all of which correspond to similar items in

3

BATTLEGROUNDS. This type of clothing allows characters to be depicted in everyday outfits

4

rather than in traditional combat gear. Whereas other video games use only traditional military

5

uniforms, the availability of everyday street clothing as well as military gear in both

6

BATTLEGROUNDS and ROS furthers each game’s conceit of different types of people being

7

forced to fight one another rather than the traditional video game use of traditional soldiers in a

8

warzone.

9
10
11
12
13
14
15
16
17

Examples of clothing in BATTLEGROUNDS

18
19
20
21
22
23
24
25
26
27
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2
3
4
5
6
7
8
Examples of clothing in ROS

9
10
11
12
13
14
15
16
17
18
19
20

The foregoing are selected representative examples and not an exhaustive catalogue of the large
number of similarities.
73.

Character Configuration. The configuration of characters in ROS is substantially

similar to that of characters in BATTLEGROUNDS. The organization and capacity of slots for
holding items on a character’s body in ROS are identical to those in BATTLEGROUNDS, exception
that the ROS configuration has one less waist slot. The significance of this variation is very minor,
however, because it is largely negated by another adjustment, i.e., grenades occupy a waist slot in
BATTLEGROUNDS but come equipped (without occupying any configurable slot) in ROS.
Additionally, in ROS a frying pan may be placed over a character’s butt by assigning it to the fist
slot, just as in BATTLEGROUNDS.

21
22
23
24
25
26
27
28
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2
3
4
5
6
7
8
9

Character Configuration in BATTLEGROUNDS

10
11
12
13
14
15
16
17
Character Configuration in ROS

18
19

74.

Consumables. The consumable resources in ROS are substantially similar to those in

20

BATTLEGROUNDS. Each game has a similar assortment of such items, which are depicted

21

similarly, operate similarly, and, on information and belief, possess the same or similar statistics.

22

Every consumable item in ROS has a direct counterpart in BATTLEGROUNDS, and

23

BATTLEGROUNDS has only one consumable item (a painkiller depicted as a prescription pill

24

bottle) that lacks a direct counterpart in ROS. For example, each game offers a drink that boosts

25

health and is depicted as a can of everyday beverage which everyday logic suggests would be unable

26

to heal wounds but is used instead in both games to comically provide a non-traditional method of

27

restoring health. The shared use of this non-traditional health boost demonstrates that Defendants

28

copied PUBG’s expressive depiction of a health boost in order to evoke the same feeling and
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experience felt by players in BATTLEGROUNDS.

2
3
4
5
6

“Energy Drink” in BATTLEGROUNDS

7
8
9
10
“Sports Drink” in ROS

11
12
13

As another example, each game offers a bandage, a first aid kit, and a medical kit that may be used
to restore health following injury.

14
15
16
17
18
19

Bandage, First Aid Kit, and Med Kit in BATTLEGROUNDS

20
21
22
23

Bandage, First Aid Kit, and Med Kit in ROS

24
As another example, both games offer a syringe that fills the player’s boost bar and can be found
25
26

only in air-dropped supply boxes.

27
28
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2
3
Adrenaline Syringe in BATTLEGROUNDS

4
5
6
7
8

Cardio Tonic Syringe in ROS

9
10

As another example, both games offer a fuel container that can be used to refuel vehicles.

11
12
13
14
15

Gas Can in BATTLEGROUNDS

16
17
18
19
Fuel Barrel in ROS

20
21

The foregoing are selected representative examples and not an exhaustive catalogue of the large

22

number of similarities.

23

75.

Vehicles. The vehicles in ROS are substantially similar to those in

24

BATTLEGROUNDS. Each game has a similar assortment of vehicles, which are depicted similarly

25

and, on information and belief, possess the same or similar statistics. For example, both games offer

26

a motorcycle.

27
28
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2
3
4
5
6
7
Motorcycles in BATTLEGROUNDS

8
9
10
11
12
13
14

Motorcycle in ROS

15
16

As a further example, both games use Jeeps that share the same basic structure, including open-air

17

seating and metal bars at the front of the car that can be used as weapons against pedestrian

18

opponents.

19
20
21
22
23
24
25
26
27

UAZ in BATTLEGROUNDS

28
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2
3
4
5
6
7
Jeep in ROS

8
9
10

As a further example, both games also use sedans that are farcically unequipped for and misplaced in
the battlefields depicted in each game.

11
12
13
14
15
16
17
18

Vehicle in BATTLEGROUNDS with vehicle boost bar depicted under vehicle fuel bar

19
20
21
22
23
24
25
26
27

Vehicle in ROS with vehicle boost bar depicted under vehicle fuel bar

28
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The foregoing are selected representative examples and not an exhaustive catalogue of the large

2

number of similarities.

3

76.

Air-Dropped Supply Boxes. ROS features air-dropped supply boxes that are

4

substantially similar to those in BATTLEGROUNDS. As in BATTLEGROUNDS, in ROS, the

5

supply boxes are dropped from an aircraft, which can be heard by the players before the supply

6

boxes drop down. The supply boxes in ROS are depicted in a different color combination than those

7

in BATTLEGROUNDS, but the ROS supply boxes mimic their BATTLEGROUNDS counterparts

8

in all other respects. For example, the supply boxes in both games are covered in tarps and let out

9

visually dramatic plumes of red smoke after landing. On information and belief, Defendants copied

10

PUBG’s expressive depictions of the air-drop area where other depictions could have been used for

11

the purpose of evoking the same iconic air-drop experience depicted in BATTLEGROUNDS.

12
13
14
15
16
17
18
19
20
21
22

Aircraft That Drops Supply Boxes in BATTLEGROUNDS

23
24
25
26
27
28
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2
3
4
5
6
7
8
9
10

Aircraft That Drops Supply Boxes in ROS

11
12
13
14
15
16
17
18
19
20

Supply Box With Red Smoke After Landing in BATTLEGROUNDS

21
22
23
24
25
26
27
28
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2
3
4
5
6
7
8
9

Supply Box With Red Smoke After Landing in ROS

10
11
12
13
14
15
16
17

Supply Box in BATTLEGROUNDS

18
19
20
21
22
23
24
25
26
27

Supply Box in ROS

28
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77.

Bombardment Zone. ROS includes a bombardment zone feature that is substantially

2

similar to the bombardment zone feature in BATTLEGROUNDS. As in BATTLEGROUNDS, the

3

bombardment zone in ROS periodically spawns and is depicted by a red-shaded area superimposed

4

on the miniature play area map within the play screen. As in BATTLEGROUNDS, players in ROS

5

receive a warning message about the bombardment zone, and during bombardments interior spaces

6

away from windows within buildings are safe.

7
8
9
10
11
12
13
14
15

Bombardment Zone indicated by red shading on maps in BATTLEGROUNDS

16
17
18
19
20
21
22
23
24

Bombardment Zone indicated by red shading on maps in ROS

25
26
27
28
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78.

Shrinking Gameplay Area. ROS includes a shrinking gameplay area feature that is

2

substantially similar to the shrinking gameplay area feature in BATTLEGROUNDS. As in

3

BATTLEGROUNDS, the shrinking gameplay area in ROS is depicted by a white circle on the

4

gameplay area map. In both games, the circle shrinks in iterations, with each iteration encompassing

5

one-third of the previous area. Both games also display a timer that warns players when the next

6

shrink will occur.

7
8
9
10
11
12
13
14
15
16
17

Shrinking circle and timer depicted in BATTLEGROUNDS

18
19
20
21
22
23
24
25
26
27

Mini-map showing shrinking blue circle indicating restricted area in BATTLEGROUNDS

28
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2
3
4
5
6
7
8

Shrinking circle and timer depicted in ROS

9
10

79.

“Winner Winner Chicken Dinner.” On information and belief, when a player

11

emerges victorious at the end of ROS, his or her screen displays “WINNER WINNER CHICKEN

12

DINNER,” the same catchphrase that was creatively selected by PUBG to congratulate winners of

13

BATTLEGROUNDS and that has become emblematic of BATTLEGROUNDS. The phrase is

14

displayed in all capital letters in both games.

15
16
17
18
19
20
21
22

Sample victory screen display in BATTLEGROUNDS

23
24
25
26
27
28
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1
2
3
4
5
6
7
8

Sample victory screen display in ROS

9

Additionally, in ROS, the final screen of the game for all players displays the bust of a chicken. The

10

chicken is depicted in the lower-right area of the screen, both for the winner of the game (as depicted

11

above) and for the other players (as depicted below). On information and belief, Defendants’

12

decision to include chicken imagery in the concluding screen display of ROS was made for the sole

13

purpose of evoking the iconic “Winner Winner Chicken Dinner” concluding emblem of

14

BATTLEGROUNDS.

15
16
17
18
19
20
21
22

Sample game conclusion screen for player who did not win in ROS

23
24
25
26
27
28
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80.

Advertising, Marketing and Promotional Materials. On information and belief,

2

Defendants have advertised, marketed and/or promoted ROS in a manner intended to confuse

3

consumers into believing that ROS is affiliated with or otherwise related to BATTLEGROUNDS.

4

These actions are evidenced by the relationship in the Android Google Play Store and Apple App

5

Store between ROS and BATTLEGROUNDS, the similarities between the appearance and

6

description of ROS and BATTLEGROUNDS and the use of images unique to BATTLEGROUNDS

7

on the ROS Facebook page. For example, within the Google Play Store, ROS appears as the third

8

result when searching for “PUBG Game” and is promoted using vehicles similar to those in

9

BATTLEGROUNDS.

10
11
12
13
14
15
16
17
18
19
20

Google Play Store Results for Term “PUBG Game”

21
22
23
24
25
26
27
28
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2
3
4
5
6
7
8
9
10
11
12
13

Use of Jeep in Google Play Store Description of ROS

14

Further, in the Apple App Store ROS appears as the third result when searching for “PUBG” and is

15

promoted using depictions of parachutes, vehicles and supply boxes used in BATTLEGROUNDS.

16
17
18
19
20
21
22
23
24
25
26
27
28
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2
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7
8
9
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13
14
15
Apple App Store Results for Term “PUBG Game”
16
17
18
19
20
21
22
23
24
25
Use of Parachutes, Supply Box with Red Smoke and Jeep in Apple App Store Description of ROS
26
27
28
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Defendants have also advertised, marketed and promoted ROS on Facebook using imagery and

2

expressions reminiscent of those created for BATTLEGROUNDS. For example, the ROS Facebook

3

page advertises vehicles, supply boxes, locations and weapons unique to BATTLEGROUNDS.

4

Further, the ROS Facebook page uses imagery and advertisements that evoke the “Winner Winner

5

Chicken Dinner” messaging used in BATTLEGROUNDS.

6
7
8
9
10
11
12
13
14
15

Vehicles and Supply Boxes in ROS Advertising

16
17
18
19
20
21
22
23
24
25
26
27

Frying Pan in ROS Advertising

28
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2
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6
7
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16
17
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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
Evocations of “Winner Winner Chicken Dinner” in ROS Advertising
27
28
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Defendants have also advertised ROS using vehicles and locations that do not appear in ROS but do

2

appear in BATTLEGROUNDS (ex. a two-seater buggy, a four-propeller military aircraft, power

3

plant with a single cooling tower).

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

Two-Seater Buggy and Power Plant with Single Cooling Tower in ROS Advertising

19
20
21
22
23
24
25
26
27
28

Two-Seater Buggy in BATTLEGROUNDS
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2
3
4
5
6
7
8
9
10
11

Power Plant with Two Cooling Towers in ROS

12
13
14
15
16
17
18
19
20
Power Plant with One Cooling Tower in BATTLEGROUNDS
21
22
23
24
25
26
27
28
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20

Four-Propeller Military Aircraft in ROS Advertising

21

Copying in Knives Out Game

22

81.

Knives Out: Knives Out (“KO”) is a video game for mobile devices that was made

23

and released by Defendants. On information and belief, KO was released in the United States on or

24

about November 3, 2017.

25
26
27
28

82.

On information and belief, Defendants created KO by copying BATTLEGROUNDS

and with the intention of creating a version of BATTLEGROUNDS for mobile devices.
83.

On information and belief, Defendants intended to create consumer confusion as to

the source of KO and intended to cause consumers to believe, incorrectly, that KO had been
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developed by PUBG. On information and belief, Defendants intended to misappropriate consumer

2

goodwill toward PUBG in order to market and gain economic benefit from KO.

3

84.

On information and belief, there has in fact been confusion in the marketplace as to

4

the source and origin of KO, with consumers believing, incorrectly, that KO was developed by

5

PUBG. For example, KO has been referred to in the marketplace as “Mobile PUBG” or “PUBG

6

Mobile”:

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
Sampling of player videos available on YouTube.com
(https://www.youtube.com/results?search_query=pubg+knives+out)

24
25
26

85.

On information and belief, commentators in the industry have characterized KO as a

27

copy, or “knockoff” of BATTLEGROUNDS. For example, one commentator called KO “a damn

28

near carbon copy” of BATTLEGROUNDS that “mimic[s]” BATTLEGROUNDS “to an
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uncomfortable degree.” http://toucharcade.com/2017/11/14/playerunknowns-battlegrounds-mobile-

2

knockoff-knives-out/. Other commentators have noted that “NetEase’s strategy of quickly launching

3

multiple PUBG clones appears to be paying off.”

4

http://www.pocketgamer.biz/asia/news/67212/knives-out-100-million-downloads/; see also

5

http://www.droidgamers.com/2017/11/24/pubg-knives-netease-android/ (“Just when you thought

6

you had enough Player Unknown’s Battlegrounds mobile clones by NetEase, you get another.

7

Knives Out is out now on Google Play, and it looks remarkably similar to last week’s Rules of

8

Survival.”).

9

86.

On information and belief, the KO app can be downloaded to a mobile device free of

10

charge, and the KO game can be played free of charge. On information and belief, Defendants have

11

released KO into the marketplace at or below cost for the purpose of gaining market share before

12

PUBG release BATTLEGROUNDS for mobile devices.

13
14
15
16
17

87.

KO contains many elements that are substantially similar to copyrightable elements of

creative audiovisual expression in BATTLEGROUNDS, including at least the following.
88.

Total Look and Feel. The overall look, feel, and audiovisual style of KO closely

mimic the stylized realism of BATTLEGROUNDS.
Knives Out

BATTLEGROUNDS

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

89.

Overall Gameplay. The overall look and feel of gameplay in KO very closely

14

matches that of BATTLEGROUNDS. For example, the narrative arc of the game; the audio and

15

visual representations of movement, shooting, and healing; and the battle formats presented (e.g.,

16

player versus everyone and small teams of five players versus everyone, with 100 players per game)

17

all correspond to those of BATTLEGROUNDS.

18

90.

Pre-play Area. As in BATTLEGROUNDS, the KO audiovisual experience begins

19

with a pre-play area where players can meet each other and try out weapons while waiting for

20

enough players to join. While prior games have used pre-play screens and areas, the expressive

21

depiction of a pre-play area in BATTLEGROUNDS, which encourages players to interact with

22

another, use weapons, and explore gameplay mechanics is unique. On information and belief,

23

Defendants copied PUBG’s expressive depictions of the pre-play area where other depictions could

24

have been used for the purpose of evoking the same pre-play experience depicted in

25

BATTLEGROUNDS.

26
27
28
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
Pre-play area in KO

17
91.

Play Area Map. Like BATTLEGROUNDS, KO provides a map defining the area of

18
play, and the KO map is substantially similar to the BATTLEGROUNDS map. The
19
BATTLEGROUNDS map and KO map each comprises a square-ish mass of land with primary and
20
secondary islands, a major waterway, and bridges. Both maps feature mountainous topography
21
which is depicted as if taken using a reconnaissance satellite, yellow gridlines, yellow featured
22
location indicators and white lettered descriptions of those features areas. Although maps have been
23
used in prior games, the depiction of the map in KO is strikingly similar to the depiction of the map
24
in BATTLEGROUNDS. On information and belief, Defendants copied PUBG’s expressive
25
depiction of the map where another depiction could have been used.
26
27
28
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2
3
4
5
6
7
8
9
10

BATTLEGROUNDS Play Area Map

11
12
13
14
15
16
17
18
19
20
21
KO Play Area Map

22
23

92.

Scenes and Locations. Many of the locations, structures, landscapes, and other

24

features within the KO play area closely correspond to those within the BATTLEGROUNDS play

25

area. For example, the BATTLEGROUNDS play area and the KO play area each contain at least

26

areas containing ruins, a port with shipping containers, a power plant, a warehouse area, and a

27

wetland area. These areas in KO are strikingly similar to those in BATTLEGROUNDS. On

28

information and belief, Defendants copied PUBG’s expressive depictions of the scenes and locations
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identified below where other depictions could have been used for the purpose of evoking the same

2

gameplay experience depicted in BATTLEGROUNDS.

3

Knives Out

BATTLEGROUNDS

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5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
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2
3
4
5
6
7
8

The foregoing are selected representative examples and not an exhaustive catalogue of the large

9

number of similarities.

10

93.

Buildings. The KO play area contains numerous buildings that are substantially

11

similar to buildings in BATTLEGROUNDS. Although buildings have been used in prior games, the

12

facades and layouts of the buildings in KO are strikingly similar to those in BATTLEGROUNDS.

13

On information and belief, Defendants copied PUBG’s expressive depictions of the buildings

14

identified below where other depictions could have been used for the purpose of evoking the same

15

gameplay experience depicted in BATTLEGROUNDS. For example, each game contains a two-

16

story hexagonal tower with stairs, windows, rooflines, and overall structure of the same shapes,

17

proportions, and layouts.

18
19
20
21
22
23
24
25
26

Two-story hexagonal tower in BATTLEGROUNDS

27
28
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2
3
4
5
6
7
8
9

Two-story hexagonal tower in KO
As another example, each game contains a two-home cluster in which the homes’ masses, windows,

10

doors, rooflines, balconies, patios, and overall structure are the same shapes, proportions, and

11

layouts in both games.

12
13
14
15
16
17
18
19

Pair of homes in BATTLEGROUNDS

20
21
22
23
24
25
26
27
28

Pair of homes in KO
As another example, each game contains a two-story home with a garage, garage roof deck, and
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masses of the same shapes, proportions, and layouts.

2
3
4
5
6
7
8

Two-story home in BATTLEGROUNDS

9
10
11
12
13
14
15
Two-story home in KO
16
17
18
19
20
21
22
23
24

Garage roof deck on two-story home in BATTLEGROUNDS

25
26
27
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2
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6
7
Garage roof deck on two-story home in KO
8
9

As another example, each game contains a small, freestanding, single-story angular structure with a

10

tiled roof, a single door, and a row of vertically short, horizontally elongated windows that extends

11

around all the walls at approximately eye-level.

12
13
14
15
16
17
18

Exterior of structure with eye-level windows in BATTLEGROUNDS

19
20
21
22
23
24
25
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2
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6
7
8

Exterior of structures with eye-level windows in KO

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10
11
12
13
14
15
16

Interior of structure with eye-level windows in BATTLEGROUNDS

17
18
19
20
21
22
23
24
Interior of structure with eye-level windows in KO

25
26

As another example, each game contains a three-story residential building with masses, rooflines,

27

entrances, windows, and roof decks, of the same shapes, proportions, and layouts, as well as similar

28

façades and staircases.
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2
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8

Three-story residential building in BATTLEGROUNDS

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10
11
12
13
14
15

Three-story residential building in KO

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17
18
19
20
21
22
23

Roof deck on three-story residential building in BATTLEGROUNDS

24
25
26
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2
3
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6
7
8

Roof deck on three-story residential building in KO

9
10
11
12
13
14
15

Staircase in three-story residential building in BATTLEGROUNDS

16
17
18
19
20
21
22
23

Staircase in three-story residential building in KO

24

As another example, each game contains an elongated single-story building with mass, windows,

25

entrances, and steps of similar shapes, proportions, and layouts. Further, both contain a second door

26

on the left side of the building.

27
28
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2
3
4
5
6
7

Single-story building in BATTLEGROUNDS

8
9
10
11
12
13
14
15

Single-story building in KO

16

Further, both houses contain vacated and rundown interiors with wooden floors and a bathroom

17

adjacent to the front door.

18
19
20
21
22
23
24
25

Interior of single-story building in BATTLEGROUNDS

26
27
28
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2
3
4
5
6
7

Interior of single-story building in KO

8
9
10

As another example, each game contains a plain rectangular garage with smooth façade where a
four-passenger vehicle is respawned.

11
12
13
14
15
16

Rectangular garage in BATTLEGROUNDS

17
18
19
20
21
22
Rectangular garage in KO
23
24

As another example, each game contains a light brown warehouse with a textured façade, gable roof,

25

and triangular pediment above the entrance.

26
27
28
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2
3
4
5
6
7

Warehouse in BATTLEGROUNDS

8
9
10
11
12
13
14
15

Warehouse in KO

16

Further, both warehouses contains wooden crates stacked along the walls and in the middle of the

17

room.

18
19
20
21
22
23
24

Wooden crates in warehouse in BATTLEGROUNDS

25
26
27
28
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2
3
4
5
6
7
Wooden crates in warehouse in KO

8
9
10
11

The foregoing are selected representative examples and not an exhaustive catalogue of the large
number of similarities.
94.

Air Jump. Play begins in KO with a transport aircraft from which players jump,

12

freefall, and parachute into the play area. Similar to BATTLEGROUNDS, the route of the aircraft is

13

shown in a mini-map, and players can choose to jump at any point. Both KO and

14

BATTLEGROUNDS use similar types of vehicles, similar expressions of a satellite-view map

15

depicting yellow gridlines as well as various locations and their names, and similar expressions to

16

indicate the user’s location on the map. On information and belief, Defendants, having recognized

17

the sheer volume of misappropriation in KO, made a minor change and replaced the originally used

18

military-style transport airplane with a military-style transport helicopter. On information and belief,

19

Defendants copied PUBG’s expressive depictions of an Air Jump where other depictions could have

20

been used.

21
22
23
24
25
26
27
28

Transport Aircraft in BATTLEGROUNDS
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2
3
4
5
6
7
8

Original Transport Aircraft in KO

9
10
11
12
13
14
15
16

Modified Transport Aircraft in KO

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

Aircraft Route Map in PUBG

14
15
16
17
18
19
20
21
22
23
24
25

Airplane Route Map in KO, with location of aircraft shown by circular symbol “
of travel shown by arrow symbol “ ”
95.

” and direction

Freefall and Parachuting. As in BATTLEGROUNDS, following the jump from the

26

aircraft, a player can choose to freefall or parachute toward the ground. The depiction of freefall in

27

KO is strikingly similar to the depiction of freefall in BATTLEGROUNDS. Further, KO uses the

28

same depiction of a parachute as used in BATTLEGROUNDS. On information and belief,
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Defendants copied PUBG’s expressive depictions of freefall and parachuting, where other depictions

2

could have been used, solely for the purpose of evoking the same introductory experience felt by

3

players of BATTLEGROUNDS.

4
5
6
7
8
9
10
11

Freefall in BATTLEGROUNDS

12
13
14
15
16
17
18

Original Freefall in KO

19
20
21
22
23
24
25

Modified Freefall in KO

26
27
28
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2
3
4
5
6
7
8
Parachuting in BATTLEGROUNDS
9
10
11
12
13
14
15
16

Parachuting in KO

17
18

96.

Weapons. The firearms, melee weapons, and throwable weapons in KO are

19

substantially similar to those in BATTLEGROUNDS. In general, and on information and belief,

20

each weapon in KO corresponds to a weapon in BATTLEGROUNDS that is the same type of

21

weapon, inflicts the same or a similar amount of damage per hit, has a similar appearance, has a

22

similar operation, has similar attachments, and has a similar name. Further, the assortment of

23

weapons and weapon types available in KO are substantially similar to those in

24

BATTLEGROUNDS, as explained in further detail below.

25

97.

Firearms. The firearms in KO are substantially similar to those in

26

BATTLEGROUNDS, having the same or similar type, appearance, and, on information and belief,

27

performance statistics (e.g., load capacity and damage inflicted per discharge). For example, the

28

AKM assault rifle in BATTLEGROUNDS and the AK-47 assault rifle in KO have substantially
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similar appearances and performance statistics. Although weapons have been used in prior games,

2

on information and belief, Defendants have copied PUBG’s graphical, statistical and audio

3

expressions of the weapons identified below where other graphical, statistical and audio expressions

4

could have been used. For example, note the similarity of the wood grain pattern on the stock, fore

5

grip and handles of both AK-47s.

6
7
8
9
10
11

AKM assault rifle in BATTLEGROUNDS

12
13
14
15
16
17
18
19
20

AK-47 assault rifle in KO

21

As another example, the SCAR-L assault rifle in BATTLEGROUNDS and the S-ACR assault rifle

22

in KO have substantially similar appearances and performance statistics. Note the same color

23

scheme of the two rifles. Both rifles are available in different color schemes, but Defendants chose

24

the color scheme of their S-ACR rifle to closely mimic the appearance of the SCAR-L rifle in

25

BATTLEGROUNDS.

26
27
28
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1
2
3
4
5
6

SCAR-L assault rifle in BATTLEGROUNDS

7
8
9
10
11
12
13
14
15
16
17
18

S-ACR assault rifle in KO
As another example, the M16A4 assault rifle in BATTLEGROUNDS and the M4A1 assault rifle in
KO have substantially similar appearances and performance statistics.

19
20
21
22
23
24
25

“M416” Assault Rifle in BATTLEGROUNDS

26
27
28
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1
2
3
4
5
6
7
8
9

M4A1 assault rifle in KO

10

As another example, the UMP9 submachine gun in BATTLEGROUNDS and the MP5 submachine

11

gun in KO have substantially similar appearances and performance statistics.

12
13
14
15
16
17
UMP9 submachine gun in BATTLEGROUNDS
18
19
20
21
22
23
24
25
26
27

MP5 submachine gun in KO

28
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As another example, the Micro Uzi submachine gun in BATTLEGROUNDS and the Uzi

2

submachine gun in KO have substantially similar appearances and performance statistics.

3
4
5
6
7

Micro Uzi submachine gun in BATTLEGROUNDS

8
9
10
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12
13
14
15
16
17
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19
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Uzi submachine gun in KO

21

As another example, the Vector submachine gun in BATTLEGROUNDS and the MK5 submachine

22

gun in KO have substantially similar appearances and performance statistics.

23
24
25
26
27
28

Vector submachine gun in BATTLEGROUNDS
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2
3
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5
6
7
8

MK5 submachine gun in KO

9

As another example, the M24 sniper rifle in BATTLEGROUNDS and the M24 sniper rifle in KO

10

have substantially similar appearances and performance statistics. In particular, both depictions of

11

this rifle share the same stock with an extended recoil pad.

12
13
14
15

M24 sniper rifle in BATTLEGROUNDS

16
17
18
19
20
21
22
23
24

M24 sniper rifle in KO

25

As another example, the AWM sniper rifle in BATTLEGROUNDS and the AWM sniper rifle in KO

26

have substantially similar appearances and performance statistics. Note the use of the same color

27

scheme in the KO version, despite the fact that the AWM rifle is available in different color

28
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schemes.

2
3
4
5
6
7

AWM sniper rifle in BATTLEGROUNDS

8
9
10
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AWM sniper rifle in KO

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2
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Mauser sniper rifle in BATTLEGROUNDS

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6
7
8
9
10
11
12
13
14
15

Mauser sniper rifle in KO

16
17

The foregoing are selected representative examples and not an exhaustive catalogue of the large

18

number of similarities.

19

98.

Attachments and Modifications for Firearms. The attachments and modifications

20

for firearms in KO are substantially similar to those in BATTLEGROUNDS, having the same or

21

similar type, appearance, and, on information and belief, performance statistics. For example, both

22

games offer muzzle attachments in the form of silencers/suppressors, compensators, and flash hiders;

23

both games offer vertical and horizontal grip attachments of similar types; both games offer similar

24

assortments of magazines and stocks, such as quick-draw and extended magazines; and both games

25

offer similar assortments of scopes, including a “holographic sight” that is depicted similarly in both

26

games. Selected representative examples are shown below.

27
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2
3
4
5

“Red Dot Sight” in BATTLEGROUNDS

6
7
8
9

“Holographic Sight” in Knives Out

10
11
12
13

Stock in BATTLEGROUNDS

14
15
16
17

Stock in Knives Out

18
19
20
21
22

Extended Magazine for Submachine Guns in BATTLEGROUNDS

23
24
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Submachine Gun Extended Magazine for Knives Out

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2
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5
6

Suppressor, Compensator, and Flash Hider for Sniper Rifles in BATTLEGROUNDS

7
8
9
Suppressors, Compensator, and Flash Hider for Sniper Rifles in Knives Out
10
11

The foregoing are selected representative examples and not an exhaustive catalogue of the large

12

number of similarities.

13

99.

Melee Weapons. The melee weapons in KO are substantially similar to those in

14

BATTLEGROUNDS. For example, both games offer cookware in the shape of a pan. The use of

15

cookware as a melee weapon is highly uncommon in shooter type games, and Defendants’ use of a

16

pot lid with the same shape and properties as the frying pan introduced in BATTLEGROUNDS was

17

intended to misappropriate Plaintiff PUBG’s unique expression.

18
19
20
21
22
23
24
25
26
27
28

Frying Pan in BATTLEGROUNDS
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2
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Pot Cover in KO

10
11

100.

Throwable Weapons. The throwable weapons in KO also are substantially similar

12

to those in BATTLEGROUNDS. Each game has at least three grenades: a frag grenade, a stun

13

grenade, and a smoke grenade. The grenades in KO are depicted similarly to the frag grenade in

14

BATTLEGROUNDS. The BATTLEGROUNDS frag grenade and the frag grenade used in KO are

15

each depicted as having a removable pin, a lever and a rounded body with two lines of writing. On

16

information and belief, Defendants copied PUBG’s expressive depictions of the grenades identified

17

above where other depictions could have been used.

18
19
20
21
22

Frag Grenade in BATTLEGROUNDS

23
24
25
26
27

Frag Grenade an in KO

28
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101.

Armor. The armor in KO is substantially similar to the armor in

2

BATTLEGROUNDS. Each game has three levels of helmets and three levels of body armor, and

3

these items are depicted similarly, operate similarly, and, on information and belief, provide the

4

same levels of damage reduction.

5
6
7
8
9
10
11

BATTLEGROUNDS Helmets providing good damage reduction (Level 1), better damage reduction
(Level 2), and best damage reduction (Level 3), respectively

12
13
14
15
16
17
18
19
20
21
22
23
24

KO Helmets providing good damage reduction (Level 1), better damage reduction (Level 2), and
best damage reduction (Level 3), respectively
The different levels of helmets are expressed similarly across both games. For example, the “Level
1” helmet in both games is a motorcycle or scooter-style helmet which covers the top, back and sides
of the wearer’s head. The “Level 2” helmet in both games is a camouflaged military helmet and
covers the same areas of the wearer’s head as the “Level 1” helmet. Finally, the “Level 3” helmet in
both games resembles a special forces helmet covers all sides of the wearer’s head including the
front and has a shiny black appearance, and both include a visor. On information and belief,
Defendants copied PUBG’s expressive depictions of the helmets identified above where other
depictions could have been used.

25
26
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2
3
4
5
6
7
8
9

BATTLEGROUNDS Body Armor providing good damage reduction (Level 1), better damage
reduction (Level 2), and best damage reduction (Level 3), respectively

10
11
12
13

KO Body Armor providing good damage reduction (Level 1), better damage reduction (Level 2), and
best damage reduction (Level 3), respectively

14
15

The different levels of armor are expressed similarly across both games. For example, the “Level 1”

16

armor in both games is a snow-camouflaged vest with thin straps across the wearer’s shoulders, back

17

and chest. The “Level 2” armor in both games is a thicker vest, with thicker straps and pouches on

18

the chest and waistline. Finally, the “Level 3” armor in both games has metal clasps on the wearer’s

19

shoulders and contains segmented sections across the chest of the wearer. On information and

20

belief, Defendants copied PUBG’s expressive depictions of the armor identified above where other

21

depictions could have been used. In addition to the armor described above, both games also provide

22

a frying pan-type item for use as armor, as discussed further below.

23

102.

Frying Pan. As explained above in paragraph 99, KO provides a pot lid that can be

24

used both as a melee weapon and as armor, like the frying pan in BATTLEGROUNDS. The pot lid

25

in KO is designed with the same shape and characteristics as the frying pan in BATTLEGROUNDS.

26

As with the BATTLEGROUNDS frying pan, the pot lid provides medium damage output when used

27

as a melee weapon and can deflect shots when in a character’s hand or on a character’s back (butt),

28

analogous to the frying pan in BATTLEGROUNDS. On information and belief, Defendants’
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decision to include a pot lid as a melee weapon and armor item in KO was made for the sole purpose

2

of evoking the iconic frying pan emblem of BATTLEGROUNDS.

3
4
5
6
7
8
9
10

Frying pan in BATTLEGROUNDS

11
12
13
14
15
16
17
18
19
20

Pot cover in KO

21
22
23
24
25
26
27
28

Frying pan wielded as melee weapon in BATTLEGROUNDS
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2
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5

Pot cover wielded as melee weapon in KO

6
7
8
9
10
11
12
13
Frying pan worn as butt armor in BATTLEGROUNDS

14
15
16
17
18
19
20
21
22

Pot cover worn as butt armor in KO
23
24

103.

Clothing and Other Wearable Equipment. The clothing and other items of

25

wearable equipment in KO are substantially similar to those in BATTLEGROUNDS. Each game

26

has a similar assortment of such items, which are depicted similarly, operate similarly, and, on

27

information and belief, possess the same or similar statistics. For example, KS offers three levels of

28

backpacks with increasing capacity, corresponding to those in BATTLEGROUNDS.
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2
3
4
5
6
7
8
9

BATTLEGROUNDS Backpacks providing good damage reduction (Level 1), better damage
reduction (Level 2), and best damage reduction (Level 3), respectively

10
11
12
13

KO Backpacks providing good damage reduction (Level 1), better damage reduction (Level 2), and
best damage reduction (Level 3), respectively

14
15

The different levels of backpacks are expressed similarly across both games. For example, the

16

“Level 1” backpacks in both games are tan-colored and pear-shaped. The “Level 2” backpacks are a

17

both green and similarly pear shaped. Finally, the “Level 3” backpacks in both games are much

18

rounder and are camouflaged. On information and belief, Defendants copied PUBG’s expressive

19

depictions of the backpacks identified above where other depictions could have been used.

20

As another example, KO offers a full-body “Ghillie Suit” that camouflages a player like the full-

21

body “Ghillie Suit” in BATTLEGROUNDS.

22
23
24
25
26
27
28

“Ghillie Suit” in BATTLEGROUNDS
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8
9
10
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12
13
Character wearing Ghillie Suit in BATTLEGROUNDS
14
15
16
17
18
19
20
21
22

Character wearing green Ghillie Suit in KO

23
As another example, KO offers various types of pants, shirts, shoes, jackets, hats, gloves, masks,
24
25

glasses, goggles that can be worn by characters, which correspond to similar items in

26

BATTLEGROUNDS. This type of clothing allows characters to be depicted in everyday outfits

27

rather than in traditional combat gear. Whereas other video games use only traditional military

28
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uniforms, the availability of everyday street clothing as well as military gear in both

2

BATTLEGROUNDS and KO furthers each game’s conceit of different types of people being forced

3

to fight one another rather than the traditional video game use of traditional soldiers in a warzone.

4
5
6
7
8
9
10
11
12
13
14
15
16
17

Clothing in BATTLEGROUNDS

18
19
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17
18
19
20
21
22
23
24
25
26

Clothing in KO
The foregoing are selected representative examples and not an exhaustive catalogue of the large
number of similarities.
104.

Character Configuration. The configuration of characters in KO is substantially

similar to that of characters in BATTLEGROUNDS. Each game provides two shoulder slots and
two waist slots that may hold items. Additionally, in KO, a frying pan or pot lid may be placed over
a character’s butt by assigning it to a specific slot, just as in BATTLEGROUNDS.

27
28
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2
3
4
5
6
7
8
9
10

Character Configuration in BATTLEGROUNDS

11
12
13
14
15
16
17
18
19
20

Character Configuration in KO
105.

Consumables. The consumable resources in KO are substantially similar to those in

21

BATTLEGROUNDS. Each game has a similar assortment of such items, which are depicted

22

similarly, operate similarly, and, on information and belief, possess the same or similar performance

23

statistics. Every consumable item in KS has a direct counterpart in BATTLEGROUNDS, and

24

BATTLEGROUNDS has only two consumable items (a painkiller depicted as a prescription pill

25

bottle and a syringe) that lack a direct counterpart in KO. For example, each game offers a drink that

26

boosts health and is depicted as an everyday beverage which everyday logic suggests would be

27

unable to heal wounds but is used instead in both games to comically provide a non-traditional

28
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method of restoring health. The shared use of this non-traditional health boost demonstrates that

2

Defendants copied PUBG’s expressive depiction a health boost in order to evoke the same feeling

3

and experience felt by players in BATTLEGROUNDS.

4
5
6
7
8
9
10

“Energy Drink” in BATTLEGROUNDS

11
12
13
14
15
16
17

Health-restoring drink in KO
As another example, each game offers a bandage, a first aid kit, and a more fully equipped medical
box kit that may be used to restore health following injury. As shown below, these health restoration

18
features are each expressed using similar depictions across both games. In both games, the bandage
19
20

is expressed using a green sealed pouch with writing on the front. The first aid kit in both games is

21

depicted as a re-sealable, camouflaged pouch whereas the med kit in each game is expressed as a

22

flip-top box containing various combat medic tools and supplies:

23
24
25
26
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2
3
4
5
6

Bandage, First Aid Kit, and Med Kit in BATTLEGROUNDS

7
8
9
10
11
Bandage, Medical (First Aid) Kit, and Medical Box in KO

12
13

The foregoing are selected representative examples and not an exhaustive catalogue of the large

14

number of similarities.

15

106.

Vehicles. The vehicles in KO are substantially similar to those in

16

BATTLEGROUNDS. Each game has a similar assortment of vehicles, which are expressed

17

similarly, operate similarly, and, on information and belief, possess the same or similar performance

18

statistics. For example, each game utilizes at least a buggy, a four door sedan and a motorcycle that

19

share strikingly similar depictions. For example, the buggy in both games shares the same basic

20

structure, including oversized wheels supporting a single seat, open-air roll cage:

21
22
23
24
25
26
27

Buggy in BATTLEGROUNDS

28
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2
3
4
5
6
7

Buggy in KO

8

As a further example, both games also use generic mid-size 4-door family sedans that are farcically

9

unequipped for and misplaced in the battlefields depicted in each game.

10
11
12
13
14
15
16

Sedan in BATTLEGROUNDS

17
18
19
20
21
22
Sedan in KO
23
24

Additionally, both games depict dual-sport motorcycles that are expressed using similarly placed

25

rear-view mirrors, wheel covers, seats and exhaust pipes.

26
27
28
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2
3
4
5
6
Motorcycle in BATTLEGROUNDS

7
8
9
10
11
12
13

Motorcycle in KO

14

The foregoing are selected representative examples and not an exhaustive catalogue of the large

15

number of similarities.

16

107.

Air-Dropped Supply Boxes. KO features air-dropped supply boxes that are

17

substantially similar to those in BATTLEGROUNDS. As in BATTLEGROUNDS, in KO, the

18

supply boxes are dropped from an aircraft, which can be heard by the players before the supply

19

boxes drop down. The supply boxes in KO are depicted in a different color combination than those

20

in BATTLEGROUNDS, but the KO supply boxes mimic their BATTLEGROUNDS counterparts in

21

all other respects. For example, the supply boxes in both games are covered in tarps and let out

22

visually dramatic plumes of red smoke after landing. On information and belief, Defendants copied

23

PUBG’s expressive depictions of the air drop where other depictions could have been used for the

24

purpose of evoking the same iconic air-drop experience depicted in BATTLEGROUNDS.

25
26
27
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2
3
4
5
6
7
8

Aircraft That Drops Supply Boxes in BATTLEGROUNDS

9
10
11
12
13
14
15
16
17

Aircraft That Drops Supply Boxes in KO

18
19
20
21
22
23
24
25

Loading Screen Showing Fixed-Wing Aircraft Dropping Supply Boxes in KO

26
27
28
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2
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6
7
8

Supply Box With Red Smoke After Landing in a Field of Wheat in BATTLEGROUNDS

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

Supply Box With Red Smoke After Landing in a Field in KO

25
26
27
28
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2
3
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6
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8
9
Supply Box in BATTLEGROUNDS

10
11
12
13
14
15
16
17
18

Supply Box in KO

19
20
21
22
23

108.

Bombardment Zone. KO includes a bombardment zone feature that is substantially

similar to the bombardment zone feature in BATTLEGROUNDS. As in BATTLEGROUNDS, the
bombardment zone in KO periodically spawns and is expressed as a red-shaded circular area
superimposed on the miniature play area map within the play screen.

24
25
26
27
28
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2
3
4
5
6
7
8
9

Bombardment Zone indicated by red circular shading on maps in BATTLEGROUNDS

10
11
12
13
14
15
16
17
Bombardment Zone indicated by red circular shading on maps in KO

18
19

109.

Shrinking Gameplay Area. KO includes a shrinking gameplay area feature that is

20

substantially similar to the shrinking gameplay area feature in BATTLEGROUNDS. As in

21

BATTLEGROUNDS, the shrinking gameplay area in KO is expressed on the map by a white circle

22

that is centered in a “safe area” to which players are directed. In both games, the circle shrinks in

23

iterations, with each iteration encompassing one-third of the previous area. Both games also display

24

a timer that warns players when the next shrink will occur. Additionally, both games express the

25

boundary of the shrinking gameplay area as a shimmering translucent wall in the gameplay view.

26

On information and belief, the shimmering translucent wall in KO originally was depicted in blue, as

27

in BATTLEGROUNDS, but has been changed to orange.

28
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2
3
4
5
6
7
8
9

Shrinking circle and timer depicted on map in BATTLEGROUNDS

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

Shrinking circle and timer depicted on map in KO

26
27
28
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2
3
4
5
6
7
8

Boundary depicted as shimmering wall in gameplay view in BATTLEGROUNDS

9
10
11
12
13
14
15
16
Boundary depicted as shimmering wall in gameplay view in KO

17
18
19

110.

Advertising, Marketing and Promotional Materials. On information and belief,

20

Defendants have advertised, marketed and/or promoted KO in a manner intended to confuse

21

consumers into believing that KO is affiliated with or otherwise related to BATTLEGROUNDS.

22

These actions are evidenced by the relationship in the Android Google Play Store and Apple App

23

Store between KO and BATTLEGROUNDS, the similarities between the appearance and

24

description of KO and BATTLEGROUNDS and the use of images unique to BATTLEGROUNDS

25

on the KO Facebook page. For example, within the Google Play Store, KO uses a near-identical

26

icon showing a male player in a white shirt, wearing a level 3 helmet with a rifle on his back and is

27

advertised using a jeep and a buggy. In the Apple Play Store, KO is advertised using the iconic

28

player in a white button up shirt and tie, level 3 helmet and rifle.
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2
3
4
5
6
Icon for BATTLEGROUNDS from PUBG Website (https://playbattlegrounds.com/main.pu)
7
8
9
10
11
12
13
14
15
16

KO Icon in Google Play Store

17
18
19
20
21
22
23
24
25
26

KO Icon in Apple App Store

27
28
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111.

Defendants have also advertised, marketed and promoted KO on Facebook using

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imagery and expressions reminiscent of those created for BATTLEGROUNDS. For example, the

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KO Facebook page expressly advertises and promotes “chicken dinner,” pot lids as weapons and

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certain vehicles which, on information and belief, appear in BATTLEGROUNDS but do not appear

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in KO.

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Evocations of “Winner Winner Chicken Dinner” in KO Advertising
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Advertising “Pot Lid” as Capable of Deflecting Bullets

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“Pot Lid” in KO Advertising

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Motorcycle with Sidecar in KO Advertising

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Motorcycle with Sidecar in BATTLEGROUNDS

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PUBG’s Efforts to Enforce Its Rights
112.

PUBG has attempted to address its dispute with Defendants through other channels

besides litigation, but Defendants have refused to acknowledge PUBG’s intellectual property rights.
For example, PUBG has sought removal of Rules of Survival and Knives Out from the Apple App

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Store distribution platforms, putting Defendants on notice of their misappropriation of PUBG’s

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copyrights and trade dress.

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113.

Apple App Store. On or about January 24, 2018, representatives of Plaintiff PUBG

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Corporation submitted a complaint to Apple explaining that the app Rules of Survival and the app

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Knives Out, both offered by NetEase Games in the Apple App Store, infringe the copyrights in

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PUBG Corporation’s online game PLAYERUNKNOWN’S BATTLEGROUNDS. On or about

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January 31, 2018, a representative of Apple provided notice of that complaint to representatives of

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NetEase Games.

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114.

After receiving notice of PUBG’s copyright infringement allegations, NetEase

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refused to remove or modify the accused games and knowingly persisted in its infringement. On or

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about January 31, 2018, a representative of NetEase Games responded to Apple and PUBG

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Corporation, denying that Rules of Survival and Knives Out infringe PUBG Corporation’s rights.

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The parties exchanged emails but made no progress toward resolving the dispute.

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115.

Once it became apparent that NetEase was unwilling to acknowledge PUBG’s

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intellectual property rights, PUBG determined that legal action would be necessary to enforce its

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rights. On or about February 14, 2018, a representative of PUBG Corporation emailed NetEase

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Games and Apple sating, “Since it is very clear that NetEase Games disagrees with PUBG

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Corporation’s claims, PUBG Corporation has decided to take legal actions against NetEase Games.”

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On or about February 15, 2018, a representative of NetEase Games responded to PUBG Corporation

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and Apple, asking Apple “to withdraw this case until any valid judgements are received.” Thus,

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after receiving repeated notice, NetEase continued to willfully infringe PUBG’s rights.

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CLAIMS FOR RELIEF

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FIRST CLAIM FOR RELIEF
(COPYRIGHT INFRINGEMENT UNDER 17 U.S.C. § 101 et seq.)

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116.

PUBG repeats and realleges each and every allegation contained in paragraphs 1

through 114.
117.

The PC game BATTLEGROUNDS is an original work of authorship and constitutes

copyrightable subject matter under the copyright laws of the United States. PUBG owns, and at all
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relevant times has owned, the copyright in BATTLEGROUNDS. The deposit, application, and fee

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required for registration of the copyright have been delivered to the Copyright Office in proper form.

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118.

Among the exclusive rights granted to PUBG under the Copyright Act are the

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exclusive rights to reproduce BATTLEGROUNDS and its copyrightable components, to prepare

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derivative works based upon BATTLEGROUNDS and its copyrightable components, and to

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publicly display, perform, distribute, and sell BATTLEGROUNDS and its copyrightable

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components and such reproductions or derivative works based upon BATTLEGROUNDS or its

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copyrightable components.

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119.

By developing each version of ROS and KO, Defendants have created or caused to be

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created reproductions of BATTLEGROUNDS and its copyrightable components and/or derivative

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works based upon BATTLEGROUNDS or its copyrightable components, all of which are

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substantially similar in visual appearance and/or audio sound to PUBG’s original work, without

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authorization from Plaintiff. Such actions infringe PUBG’s exclusive copyrights in

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BATTLEGROUNDS and its copyrightable components, in violation of 17 U.S.C. §§ 106(1) and

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106(2).

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120.

By releasing each version of ROS and KO, Defendants have publicly displayed,

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performed, distributed, sold, and/or offered to distribute or sell unauthorized reproductions of and/or

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derivative works based upon BATTLEGROUNDS and/or its copyrightable components without

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authorization from Plaintiff. Such actions infringe PUBG’s exclusive copyrights in

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BATTLEGROUNDS and its copyrightable components, in violation of 17 U.S.C. §§ 106(3), 106(4),

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106(5), and 106(6).

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121.

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On information and belief, Defendants’ acts of infringement have been and continue

to be willful, intentional, knowing, and purposeful, in disregard of and indifferent to PUBG’s rights.
122.

As a direct and proximate result of Defendants’ infringing conduct, Defendants have

derived benefit and have caused PUBG both monetary and non-monetary damage.
123.

PUBG is entitled to an injunction restraining Defendants from engaging in any further

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acts in violation of the United States and California copyright and trade dress laws. PUBG has

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suffered irreparable harm as a result of Defendants’ infringing activities and will continue to suffer
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irreparable harm in the future unless Defendants are enjoined from their infringing conduct.

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SECOND CLAIM FOR RELIEF
(TRADE DRESS INFRINGEMENT UNDER 15 U.S.C. § 1125(a))

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124.

PUBG repeats and realleges each and every allegation contained in paragraphs 1

through 122.
125.

The total image and overall audiovisual appearance of PUBG’s BATTLEGROUNDS

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game has acquired distinctiveness through secondary meaning which identifies its source and which

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distinguishes it from the products of others. Consumers widely associate the total image and overall

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audiovisual appearance as well as the distinctive elements and combination of elements uniquely

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with PUBG. To take just a few of the examples identified above, the use of cookware as a weapon

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or armor in a shooter game, the use of certain vehicles and landscapes and combinations thereof, the

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use of distinctive supply boxes and the celebratory reference to chicken are elements of ornamental

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flair that are not functional but have acquired secondary meaning, as shown by their use by players

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in memes, parodies, skits and other contexts to refer to the BATTLEGROUNDS game and to its

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developer, i.e., PUBG.

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126.

Because each version of Defendants’ ROS and KO games mimic the total image and

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overall audiovisual appearance of PUBG’s BATTLEGROUNDS game as well as distinctive

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elements and combinations of elements within PUBG’s BATTLEGROUNDS game and because

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Defendants have specifically advertised and marketed both ROS and KO using these elements and

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combinations of elements, there is a likelihood of consumer confusion regarding the origin of

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Defendants’ ROS and KO games, including whether they were developed by PUBG, are associated

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with PUBG or PUBG’s BATTLEGROUNDS game or were sponsored and/or approved by PUBG.

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Defendants’ use has and continues to impair the distinctiveness of PUBG’s trade dress. Defendants’

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distribution of such a confusingly similar game infringes PUBG’s exclusive rights in the trade dress

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of BATTLEGROUNDS, in violation of 15 U.S.C. § 1125(a)(1)(A).

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127.

On information and belief, Defendants’ acts of infringement have been and continue

to be willful, intentional, knowing, and purposeful, in disregard of and indifferent to PUBG’s rights.
128.

As a direct and proximate result of Defendants’ infringing conduct, Defendants have
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derived benefit and have caused PUBG both monetary and non-monetary damage.
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PUBG has suffered irreparable harm as a result of Defendants’ infringing activities

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and will continue to suffer irreparable harm in the future unless Defendants are enjoined from their

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infringing conduct.

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THIRD CLAIM FOR RELIEF
(UNFAIR COMPETITION UNDER CAL. BUS. & PROF. CODE § 17200)
130.

PUBG repeats and realleges each and every allegation contained in paragraphs 1

through 128.
131.

Defendants have committed unlawful, unfair, and/or fraudulent business acts by

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copying PUBG’s BATTLEGROUNDS game in each version of their ROS and KO games and

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introducing the ROS and KO games to the marketplace at or below cost. This act was intended to

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injure PUBG and has injured PUBG by unfairly using PUBG’s own development efforts and

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consumer goodwill to capture mobile gaming market share before PUBG launched its own mobile

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version of BATTLEGROUNDS, in violation of Cal. Bus. & Prof. Code § 17200.

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132.

On information and belief, Defendants’ unlawful, unfair, and/or fraudulent business

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acts have been and continue to be willful, intentional, knowing, and purposeful, in disregard of and

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indifferent to PUBG’s rights.

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133.

As a direct and proximate result of Defendants’ unlawful, unfair, and/or fraudulent

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business conduct, Defendants have derived benefit and have caused PUBG both monetary and non-

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monetary damage.

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134.

PUBG has suffered irreparable harm because of Defendants’ unlawful, unfair, and/or

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fraudulent business conduct and will continue to suffer irreparable harm in the future unless

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Defendants are enjoined from their unlawful, unfair, and/or fraudulent business conduct.

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FOURTH CLAIM FOR RELIEF
(UNFAIR COMPETITION UNDER THE COMMON LAW OF THE STATE OF
CALIFORNIA)

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135.

PUBG repeats and realleges each and every allegation contained in paragraphs 1

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through 133.
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136.

Defendants have committed unlawful, unfair, and/or fraudulent business acts by

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copying PUBG’s BATTLEGROUNDS game in each version of their ROS and KO games and

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introducing the ROS and KO games to the marketplace at or below cost. This act was intended to

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injure PUBG and has injured PUBG by unfairly using PUBG’s own development efforts and

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consumer goodwill to capture mobile gaming market share before PUBG launched its own mobile

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version of BATTLEGROUNDS, in violation of the common law of the State of California.

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137.

On information and belief, Defendants’ unlawful, unfair, and/or fraudulent business

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acts have been and continue to be willful, intentional, knowing, and purposeful, in disregard of and

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indifferent to PUBG’s rights.

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138.

As a direct and proximate result of Defendants’ unlawful, unfair, and/or fraudulent

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business conduct, Defendants have derived benefit and have caused PUBG both monetary and non-

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monetary damage.

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139.

PUBG has suffered irreparable harm because of Defendants’ unlawful, unfair, and/or

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fraudulent business conduct and will continue to suffer irreparable harm in the future unless

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Defendants are enjoined from their unlawful, unfair, and/or fraudulent business conduct.

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PRAYER FOR RELIEF

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140.

WHEREFORE, PUBG respectfully requests that the Court:

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141.

Permanently enjoin Defendants and all other persons or entities who are in active

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concert or participation with Defendants from continuing to infringe PUBG’s copyrighted work,

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continuing to infringe PUBG’s trade dress, and continuing to engage in unlawful, unfair, and/or

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fraudulent business conduct;

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142.

Order Defendants to remove each and every version of the games Rules of Survival,

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Knives Out, and similarly infringing games, from distribution and to cease developing and

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supporting those games;

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143.

Award PUBG statutory damages for willful copyright infringement in the amount of

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$150,000.00 per infringed work, pursuant to 17 U.S.C. § 504(c), or, in the alternative, at PUBG’s

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election pursuant to 17 U.S.C. § 504(b), PUBG’s actual damages and Defendants’ profits from

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infringement, in amounts to be proven at trial;
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144.

Award PUBG statutory damages for unlawful, unfair, and/or fraudulent business

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conduct in an amount to be determined by multiplying the number of violations found to be

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committed by $2,500.00, pursuant to Cal. Bus. & Prof. Code § 17206;

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from the effects of Defendants’ unlawful acts;

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Award PUBG actual damages in an amount sufficient to at least make PUBG whole

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Award PUBG reasonable attorneys’ fees and costs pursuant to 17 U.S.C. § 505 and

15 U.S.C. § 1117(a); and

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147.

Grant PUBG any other and further relief this Court deems just and proper.

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DEMAND FOR JURY TRIAL

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148.

PUBG requests a trial by jury on all issues to which PUBG is entitled to a trial by

jury.

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Date: April 2, 2018

By: /s/ Steven S. Baik
Steven S. Baik (SBN 184622)
sbaik@sidley.com
Ryuk Park (SBN 298744)
ryuk.park@sidley.com
SIDLEY AUSTIN LLP
1001 Page Mill Road
Building 1
Palo Alto, CA 94304
Telephone: +1 650 565 7074
Facsimile: +1 650 565 7100
Rollin A. Ransom (SBN 196126)
rransom@sidley.com
SIDLEY AUSTIN LLP
555 West Fifth Street
Los Angeles, CA 90013
Telephone: +1 213 896 6047
Facsimile: +1 213 896 6600

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Attorneys for Plaintiffs PUBG Corporation
and PUBG Santa Monica, Inc.

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