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Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page 1 of 19

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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THE POKMON COMPANY


INTERNATIONAL, INC., a Delaware
corporation,

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v.
RAGEON, INC., a Delaware corporation,

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JURY DEMAND

Defendant.

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COMPLAINT FOR COPYRIGHT


INFRINGEMENT

Plaintiff,

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No. 2:15-cv-01265

The Pokmon Company International, Inc. (TPCi) brings this action against RageOn,
Inc. (RageOn), owner and operator of the web site located at www.rageon.com (the RageOn
Site), to put an end to and obtain redress for RageOns widespread, blatant and willful
infringement of TPCis copyrights.

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I.
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1.

SUBJECT-MATTER JURISDICTION

This Court has subject-matter jurisdiction over this action under 28 U.S.C.

1331 and 1338(a), because it arises under the Copyright Act (17 U.S.C. 101, et seq.).

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II.
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2.

THE PARTIES

Plaintiff, The Pokmon Company International, Inc., is a Delaware corporation

with its principal place of business at 601 108th Ave. NE, Suite 1600, Bellevue, Washington
98004.

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COMPLAINT - 1
DWT 27581969v3 0087890-000026

Davis Wright Tremaine LLP


L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main 206.757.7700 fax

Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page 2 of 19

3.

Upon information and belief, Defendant, RageOn, Inc., is a Delaware

corporation with its principal place of business at 1163 East 40th Street, Suite 211, Cleveland,

Ohio 44114, that designs and sells all-over-print apparel and other products.

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III.
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PERSONAL JURISDICTION AND VENUE

RageOn is subject to personal jurisdiction in this Court because, on information

and belief, RageOn transacts business in this judicial district, ships its products to this judicial

district, targets advertising to this judicial district and prospective consumers here, and

generates substantial revenue from online sales of t-shirts and other merchandise to consumers

in this judicial district to whom RageOn markets these products through its highly interactive,

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commercial web site at www.rageon.com. RageOn also is subject to personal jurisdiction in

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this Court because this dispute arises from RageOns intentionally tortious conductnamely,

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willfully and deliberately infringing TPCis copyrightswith which RageOn has specifically

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targeted and injured TPCi in this judicial district.

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5.

Venue is proper in this Court pursuant to 28 U.S.C. 1391(b) because a

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substantial part of the events or omissions giving rise to the claim occurred in this judicial

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district and has harmed TPCi in this judicial district. Venue also is proper under 28 U.S.C.

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1391(c) because RageOn is subject to personal jurisdiction in this judicial district and

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therefore is deemed to reside here.

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IV.

FACTUAL ALLEGATIONS

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A.

The Pokmon Trading Card Game and Some of its Characters.

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6.

TPCi manufactures, markets, and distributes a variety of entertainment products,

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including trading card games, movies, television shows, and toys throughout the United States

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and around the world.

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7.

At the center of TPCis business is the wildly popular Pokmon trading card

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game (the Trading Card Game). Each Pokmon trading card represents a particular character

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(or Pokmon). Players take the role of Trainers and use their collected Pokmon to battle

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COMPLAINT - 2
DWT 27581969v3 0087890-000026

Davis Wright Tremaine LLP


L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main 206.757.7700 fax

Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page 3 of 19

the other Trainers creatures. Between games, players collect and exchange trading cards to

assemble their optimal decks.

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Each Pokmon trading card contains original artwork depicting a Pokmon

character, as well as a description of the character and its powers and abilities, and other data

indicating the cards value. For example, here is a copy of a trading card depicting the iconic

character Pikachu:

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9.

Under the Copyright Act, TPCi owns the copyrights in the artwork and

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characters that TPCi has developed over thousands of trading cards for more than a decade.

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TPCi has registered its claims to copyrights in the trading cards and the characters they depict

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with the United States Copyright Office. Exhibit A to this Complaint lists TPCis copyright

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registrations in some of these trading cards, including the titles of those works and their

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corresponding registration numbers (collectively, the Pokmon Works).

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10.

TPCi products, and specifically the Trading Card Game cards, are rolled out to

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significant fanfare and marketed to millions of users both in the United States and around the

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world. In 2014 alone, TPCi invested over $6 million in domestic advertising and promotions

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COMPLAINT - 3
DWT 27581969v3 0087890-000026

Davis Wright Tremaine LLP


L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main 206.757.7700 fax

Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page 4 of 19

associated with its Trading Card Game. TPCi products are directed at and enjoyed by users of

all ages.

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TPCi features the Pokmon characters not only in its vastly successful Trading

Card Game, but also in a wide variety of clothing, books, toys, and other merchandise (the

Pokmon Merchandise) that TPCi creates and sells, both directly and through a world-wide

network of licensees. TPCis domestic sales of Pokmon Merchandise exceeded $6 million in

2014 alone.

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The iconic characters and comprehensive Pokmon world that appear in the

Pokmon Trading Card Game also provide a rich source of content for the 18 seasons of

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TPCis long-running televised series of Pokmon cartoons and 17 full-length Pokmon

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animated motion pictures.

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Through appearances in the Pokmon television programs and films, together

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with years of development through the Trading Card Game and Pokmon Merchandise, several

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Pokmon characters have emerged as icons and fan favorites. They include Pikachu,

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Charizard, Bulbasaur, Snorlax, Squirtle, Charmander, Eevee, Gengar, Slowpoke and

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Jigglypuff, which are described more fully below.

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Pikachu, the most recognizable Pokmon within the Pokmon universe, has

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become the principal mascot for TPCi as a company and for the Pokmon brand world-wide.

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Sample images of this iconic character appear below:

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Pikachu appears on numerous cards in the Pokmon Trading Card Game, and is

featured in or around the branding for championship tournaments and other events that TPCi

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COMPLAINT - 4
DWT 27581969v3 0087890-000026

Davis Wright Tremaine LLP


L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main 206.757.7700 fax

Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page 5 of 19

organizes with respect to the Pokmon Trading Card Game. Pikachu has consistently featured

in Pokmon Merchandise since its introduction, and TPCis prominent use of Pikachu in such

goods has generated enormous consumer recognition.

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Of the Pokmon Works listed in Exhibit A, Copyright Registrations

No. VA0001821217, VA0001908607 and VA0001736210 depict Pikachu.


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Charizard, another Pokmon character, has generated a strong following among

Pokmon fans since it was first introduced. Charizard is regularly featured in the Pokmon

Trading Card Game, and a Charizard card remains the most coveted card for collectors. TPCi

has featured Charizard in or around the branding for championship tournaments and other

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events that it organizes with respect to the Pokmon Trading Card Game. Given Charizards

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substantial appeal to fans, TPCi continues to use Charizard frequently on Pokmon

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Merchandise. Images of Charizard appear below:

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Of the Pokmon Works listed in Exhibit A, Copyright Registrations

No. VA0001907632 and VA0001938982 depict Charizard.


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The Pokmon character Bulbasaur made its Trading Card Game debut in 1998

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and has since appeared on over 15 cards. As one of the first Pokmon, Bulbasaur is highly

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recognizable and has been featured across multiple product categories including books, toys,

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games, apparel, and accessories. Images of Bulbasaur appear below:

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COMPLAINT - 5
DWT 27581969v3 0087890-000026

Davis Wright Tremaine LLP


L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main 206.757.7700 fax

Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page 6 of 19

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Of the Pokmon Works listed in Exhibit A, Copyright Registration No.

VA000191730 depicts Bulbasaur.


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The Pokmon character Snorlax also made its Trading Card Game debut in 1998

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as part of the initial wave of Pokmon characters and has since appeared on over 15 cards.

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Snorlax has been featured on consumer goods since the late 1990s. This character has

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resurfaced as a fan favorite in recent years and appears on a variety of products including

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books, toys, apparel, hats and belts. Images of Bulbasaur appear below:

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Of the Pokmon Works listed in Exhibit A, Copyright Registrations

No. VA0001908694 and VA0001914336 depict Snorlax.


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The Pokmon character Squirtle similarly made its Trading Card Game debut in

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1998 and has since appeared on over 15 cards. As one of the first Pokmon, this character is

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highly recognizable and has been featured across multiple product categories including books,

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toys, games, apparel, and accessories. Images of Squirtle appear below:

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COMPLAINT - 6
DWT 27581969v3 0087890-000026

Davis Wright Tremaine LLP


L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main 206.757.7700 fax

Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page 7 of 19

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Of the Pokmon Works listed in Exhibit A, Copyright Registrations

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No. VA0001907954 and VA0001943062 depict Squirtle.
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The Pokmon character Charmander also made its first Trading Card Game

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appearance in 1998. It has since appeared on over 15 cards. As one of the original Pokmon,
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Charmander is highly recognizable and has been featured across multiple product categories in
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addition to the Trading Card Game, including books, toys, apparel, and accessories. Images of
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Charmander appear below:
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Of the Pokmon Works listed in Exhibit A, Copyright Registrations

No. VA0001907710 and VA0001940161 depict Charmander.


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The Pokmon character Eevee first appeared in the Trading Card Game in 1999

and has since appeared on over 20 cards. Eevee was featured on consumer goods in the late
1990s and early 2000s. As a Pokmon with multiple evolved forms , to which additional new
forms have added over the years, Eevee is a fan favorite that continues to appear on a variety of

COMPLAINT - 7
DWT 27581969v3 0087890-000026

Davis Wright Tremaine LLP


L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main 206.757.7700 fax

Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page 8 of 19

products including books, toys and plush, apparel, and accessories. Images of Eevee appear

below:

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Of the Pokmon Works listed in Exhibit A, Copyright Registrations

No. VA0001736199 and VA0001917164 depict Eevee.


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The Pokmon character Gengar made its Trading Card Game debut in 1999 and

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has since appeared on over 20 cards. Gengar first appeared on consumer goods in the late

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1990s and early 2000s. This character has resurfaced as a fan favorite in recent years and

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appears on a variety of products including books, plush, apparel, and accessories. Images of

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Gengar appear below:

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Of the Pokmon Works listed in Exhibit A, Copyright Registration

No. VA0001755592 depicts Gengar.

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COMPLAINT - 8
DWT 27581969v3 0087890-000026

Davis Wright Tremaine LLP


L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main 206.757.7700 fax

Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page 9 of 19

31.

The Pokmon character Slowpoke made its Trading Card Game debut in 1999

and has since appeared on over 15 cards. Slowpoke first appeared on consumer goods in the

late 1990s and early 2000s. Images of Slowpoke appear below:

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Of the Pokmon Works listed in Exhibit A, Copyright Registration

No. VA0001917500 depicts Slowpoke.


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The Pokmon character Jigglypuff made its Trading Card Game debut in 1999

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and has since appeared on over 15 cards. Jigglypuff first appeared on consumer goods in the

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late 1990s and 2000s. Images of Jigglypuff appear below:

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Of the Pokmon Works listed in Exhibit A, Copyright Registration

No. VA0001820724 depicts Jigglypuff.


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Pikachu, Charizard, Bulbasaur, Snorlax, Squirtle, Charmander, Eevee, Gengar,

Slowpoke, and Jigglypuff demonstrate how Pokmon characters cultivate appeal among
COMPLAINT - 9
DWT 27581969v3 0087890-000026

Davis Wright Tremaine LLP


L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main 206.757.7700 fax

Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page 10 of 19

Pokmon fans and emerge as central elements for the designs that TPCi selects for its clothing,

accessories, and other merchandise.

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RageOn and its Sales of Infringing Goods.

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RageOn sells a wide variety of products printed with colorful all-over artwork.

These products include apparel, such as t-shirts, hoodies, sweatpants, sweatshirts, underwear,

swimwear, aprons, crop tops, hoodies, jumpers, childrens clothes, long sleeve shirts, bandanas,

hats, sandals, shoes, and socks; linens and housewares, including blankets, pillows, duvet

covers, pillow cases, shower curtains, and towels; and other merchandise, such as backpacks

coffee mugs, telephone cases, and yoga mats.

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Much of the artwork that RageOn places on the products it sells features

Pokmon characters, all of which RageOn uses without permission.


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RageOn freely admits that its products use Pokmon designs. For example, in

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its description of an infringing shirt on its website, RageOn states: Check out this Pokemon

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Tank Top from Lets Rage! This all-over print design features some of our favorite Pokemon

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from the First Generations original 151! RageOn also lists Pokmon as a theme on its

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web site that allows customers shopping there to narrow down the product offerings displayed

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to just those featuring Pokmon characters. Further, one of the brands that RageOn uses to

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collect its designs into categories is called Pokepuns, and is devoted entirely to Pokmon-

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focused merchandise.

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Images of RageOns Pokmon designs are also featured in its official social

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media and promotion. For example, one of the cover photos that RageOn uses for its Facebook

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page shows two of their Pokmon apparel designs at center the Pokmon sweatshirt

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featuring the faces of 150 or so Pokmon (http://www.rageon.com/products/rageon-original-

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151-pokemon-all-over-print-crewneck-sweatshirt) and I Choose Electric featuring Pikachu

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(http://www.rageon.com/products/i-choose-electric-crewneck-sweatshirt).

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COMPLAINT - 10
DWT 27581969v3 0087890-000026

Davis Wright Tremaine LLP


L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main 206.757.7700 fax

Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page 11 of 19

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In addition, a RageOn-sponsored link on Facebook that used the Pokmon trademark and logo

urged users to like RageOn if they like Pokmon:

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Similarly, the header image for RageOns YouTube channel


(https://www.youtube.com/user/LetsRageClothing) shows someone wearing RageOns
Snorlax T-shirt (depicted in Paragraph 42 below):

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COMPLAINT - 11
DWT 27581969v3 0087890-000026

Davis Wright Tremaine LLP


L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main 206.757.7700 fax

Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page 12 of 19

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40.

Because RageOn aims to be an edgy brand, a number of its infringing products

depict Pokmon characters in ways that TPCi would never do itself or allow its licensees to do.

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These include associating Pokmon characters with drug use; showing Pokmon characters

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being chased by Pedobear, a popular Internet meme for a pedophilic cartoon bear; and

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depicting Pikachu as a Hasidic Jew surrounded by bundles of money and renaming the

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character Pikajew.

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41.

RageOns infringing merchandise includes numerous designs that showcase

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Pikachu, Charizard, Bulbasaur, Snorlax, Squirtle, Charmander, Eevee, Gengar, Slowpoke,

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Jigglypuff and other popular Pokmon characters. A few examples are set forth below:

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COMPLAINT - 12
DWT 27581969v3 0087890-000026

Davis Wright Tremaine LLP


L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main 206.757.7700 fax

Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page 13 of 19

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COMPLAINT - 13
DWT 27581969v3 0087890-000026

Davis Wright Tremaine LLP


L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main 206.757.7700 fax

Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page 14 of 19

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COMPLAINT - 14
DWT 27581969v3 0087890-000026

Davis Wright Tremaine LLP


L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main 206.757.7700 fax

Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page 15 of 19

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COMPLAINT - 15
DWT 27581969v3 0087890-000026

Davis Wright Tremaine LLP


L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main 206.757.7700 fax

Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page 16 of 19

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42.

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Each piece of merchandise bearing one of the Pokmon Works that RageOn

makes, distributes and sells is a direct infringement of TPCis exclusive rights in the Pokmon
Works.
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(Copyright Infringement, 17 U.S.C. 101, et seq.)

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CAUSE OF ACTION

43.

TPCi realleges and incorporates by reference all of the allegations set forth in

paragraphs 1 through 42 above.


COMPLAINT - 16
DWT 27581969v3 0087890-000026

Davis Wright Tremaine LLP


L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main 206.757.7700 fax

Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page 17 of 19

44.

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copyrightable subject matter under the laws of the United States.


45.

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Each of the Pokmon Works constitutes an original work of authorship and

TPCi is the sole owner of copyright in the Pokmon Works, as noted on the

corresponding Certificates of Registration.


46.

RageOn has copied, created derivative works of, distributed copies to the public,

and/or displayed publicly Pokmon Works without the consent or authority of TPCi, thereby

directly infringing TPCis exclusive rights under Section 106 of the Copyright Act17 U.S.C.

106.
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rights, in violation of the Copyright Act, 17 U.S.C. 501(a).


48.

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The foregoing acts of RageOn constitute infringement of TPCis exclusive

RageOns actions were and are intentional, willful, wanton, and performed in

disregard of TPCis rights.


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TPCi is entitled to injunctive relief pursuant to 17 U.S.C. 502. TPCi has no

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adequate remedy at law for RageOns wrongful conduct because, among other things,

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(a) TPCis copyrights are unique and valuable property which have no readily determinable

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market value, (b) RageOns continued infringement harms TPCi such that TPCi could not be

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made whole by a monetary award alone, and (c) RageOns wrongful conduct, and the resulting

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damage to TPCi, is continuing.


50.

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TPCi has been and will continue to be damaged, and RageOn has been unjustly

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enriched, by RageOns unlawful infringement of TPCis copyrights in an amount to be proven

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at trial.

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Alternatively, TPCi is entitled to statutory damages under 17 U.S.C. 504(c).

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52.

In addition, for the reasons set forth above, the award of statutory damages

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should be enhanced in accordance with 17 U.S.C. 504(c)(2).

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53.

TPCi is also entitled to recover its attorneys fees and costs of suit pursuant to

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17 U.S.C. 505.

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COMPLAINT - 17
DWT 27581969v3 0087890-000026

Davis Wright Tremaine LLP


L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main 206.757.7700 fax

Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page 18 of 19

VI.
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WHEREFORE, TPCi respectfully requests judgment be entered in its favor and against
RageOn as follows:
1.

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distributing copies of, and/or publicly displaying the Pokmon Works.


2.

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any profits of RageOn that are attributable to the infringement and are not taken into account in
computing the actual damages; or in the alternative, at the election of TPCi at any time before
final judgment is rendered,
b. statutory damages pursuant to 17 U.S.C. 504(c), within the higher range
allowed when infringement has been committed willfully.
3.

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4.

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An order under 17 USC 503(b) directing


a. impoundment, on such terms as the Court may deem reasonable, (i) all copies

made or used in violation of the exclusive right of TPCi; (ii) all plates, molds, matrices,
masters, tapes, film negatives, or other articles by means of which such copies may be
reproduced; and (iii) records documenting the manufacture, sale, or receipt of things involved
in any such violation, provided that any records seized shall be taken into the custody of the
Court; and

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An award to TPCi of its costs of suit, including, but not limited to, reasonable

attorneys fees, as permitted by law;

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An award of:
a. the actual damages suffered by TPCi as a result of RageOns infringement, and

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A permanent injunction perpetually enjoining and restraining RageOn, and all

persons or entities acting in concert with it, from copying, creating derivative works from,

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PRAYER FOR RELIEF

b. destruction or other reasonable disposition of all copies found to have been


made or used in violation of TPCis exclusive rights, and of all plates, molds, matrices, masters,
tapes, film negatives, or other articles by means of which such copies may be reproduced; and
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Such other relief as the Court deems just and proper.

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COMPLAINT - 18
DWT 27581969v3 0087890-000026

Davis Wright Tremaine LLP


L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main 206.757.7700 fax

Case 2:15-cv-01265 Document 1 Filed 08/11/15 Page 19 of 19

DEMAND FOR JURY TRIAL

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Pursuant to Rule 38 of the Federal Rules of Civil Procedure, TPCi demands a trial by
jury of all issues so triable.
DATED this 11th day of August, 2015.

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Davis Wright Tremaine LLP
Attorneys for Plaintiff The Pokmon Company
International, Inc.

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By s/ Stuart R. Dunwoody
Stuart R. Dunwoody
WSBA #13948
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
Telephone: 206-757-8034
Fax: 206-757-7034
E-mail: stuartdunwoody@dwt.com

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COMPLAINT - 19
DWT 27581969v3 0087890-000026

Davis Wright Tremaine LLP


L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
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