GIBSON LOWRY BURRIS LLP

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1 Case :0-cv-000 Document Filed 0/0/0 Page of 0 STEVEN A. GIBSON, ESQ. Nevada Bar No. sgibson@gibsonlowry.com J. SCOTT BURRIS, ESQ. Nevada Bar No. 0 sburris@gibsonlowry.com GIBSON LOWRY BURRIS LLP City Center West 0 West Lake Mead Boulevard Suite 0 Las Vegas, Nevada Telephone 0.. Facsimile 0.. Attorneys for Plaintiff Best Odds Corp. UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 0 BEST ODDS CORP., a Nevada corporation, v. Plaintiff, MICHAEL JACKNESS, an individual, d/b/a MacPoker.com; Defendant. Case No.: COMPLAINT (Jury Trial Demanded) Plaintiff, Best Odds Corp. ( Best ), by and through its counsel, Gibson Lowry Burris LLP, for causes of action against Defendant, Mr. Michael Jackness d/b/a/ MacPoker.com ( Jackness ), complains and alleges as follows on information and belief: NATURE OF ACTION Since January of 00, Jackness has been infringing on Best s service mark MAC POKER (the Mark ) causing deception and confusion to Best s customers by misdirecting Best s customers to Jackness s competing websites macpoker.com and macpoker.net. Jackness intentionally misappropriated Best s Mark despite Jackness s direct knowledge that Best has owned the Mark since approximately June, 00. In 00, Jackness first threatened to

2 Case :0-cv-000 Document Filed 0/0/0 Page of 0 0 use Best s Mark in the same market as Best to compete unfairly with Best. In sum, and as a result of Jackness s infringing use, Jackness is liable to Best for: () Jackness s violations of the Lanham Act ( U.S.C.A. (a); () misappropriation of commercial properties; and () common-law unfair competition. JURISDICTION. This Court has jurisdiction over Best s causes of action pursuant to the Lanham Act, U.S.C.A. 0, et seq., as well as section of the Judicial Code ( U.S.C.A. ).. Nevada s Long-Arm Statute, NRS.0, permits exercise of personal jurisdiction to the limits of the Due Process Clause of the Fifth Amendment.. Jackness has purposefully availed himself to the enjoyment and protections of the laws of the State of Nevada by Jackness s systematic and continuous conducting of business aimed at and affecting the residents of Nevada.. Jackness has purposefully availed himself to the enjoyment and protections of the laws of the State of Nevada by Jackness s ownership of real property in Clark County, Nevada located at: a. Marcelline Ave., Las Vegas, NV -0; and b. 0 Rusty Rifle Ave, Las Vegas, NV.. Jackness has purposefully availed himself to the enjoyment and protections of the laws of the State of Nevada by having formed a Nevada domestic limited-liability company, J Cubed, LLC, in May of 00.. The Court s exercise of personal jurisdiction comports with traditional notions of fair play and substantial justice because the injury arising from Jackness s conduct has been and continues to be felt by Best and the residents of Nevada.. The Court s exercise of personal jurisdiction over Jackness comports with traditional notions of fair play and substantial justice because the inconvenience to Jackness, if any, to litigate in Nevada would not deprive Jackness of due process.

3 Case :0-cv-000 Document Filed 0/0/0 Page of 0 0. The Court s exercise of personal jurisdiction over Jackness is reasonable because Jackness engaged in a tort-like scheme aimed at, and to the detriment of, residents of Nevada and Best, which is a Nevada company.. This Court has supplemental jurisdiction over Best s remaining causes of action ( State Law Causes of Action ) pursuant to U.S.C.A., because Best s State Law Causes of Action are so closely interrelated to Best s Federal Law Causes of Action as to form part of the same case or controversy as Best s State Law Causes of Action pursuant to Article III of the United States Constitution. VENUE 0. Venue is proper in this judicial district under U.S.C.A. (b)() because the acts and omissions giving rise to the claims alleged herein occurred in this judicial district; and, Jackness continues to use Best s Mark to confuse and deceive customers residing in this judicial district. PARTIES. Best is a corporation organized and existing under the laws of the State of Nevada with its principal place of business at 00 Southern Highlands Parkway, Suite 0-, Las Vegas, Nevada.. Jackness, d/b/a/ MacPoker.com, is an individual citizen of the United States who resides in Costa Rica. FACTS COMMON TO ALL CLAIMS FOR RELIEF. On June, 00, Best began commercially using the Mark in connection with Best s services offered through the Web, and, primarily, through Best s website macpokeronline.com ( Best s Website ).. Since approximately June, 00, Best has continuously used the Mark to identify and distinguish Best s services from the services of others and to indicate the source of Best s services to the public.. Since 00, Best s customers, clients, and suppliers have viewed the Mark as distinguishing Best s services from the services of others.

4 Case :0-cv-000 Document Filed 0/0/0 Page of 0 0. Since 00, Best has widely publicized Best s Mark, Best s Website, and Best s services through Best s extensive marketing efforts.. Since 00, Best has used its Mark in generating a substantial volume of valuable internet traffic for which Best s clients advertise on Best s Website.. By virtue of Best s extensive marketing and sales of internet advertising (in connection with Best s Mark, Best s Website, and Best s services), Best s Mark has become distinctive and recognized so that members of the purchasing public seeing Best s Mark identify the Mark with Best and with Best alone.. Best s use of Best s Mark creates a distinctive designation of origin of the services offered by Best to the public. 0. In September of 00, Jackness admitted that Best owned the Mark. (Ex..). In approximately January of 00, Jackness began using Best s Mark to compete directly and simultaneously with Best: () in the same service market; () to the same users, clients, and suppliers; and () through the same medium the Web ( Infringing Use ).. Jackness s Infringing Use of confusingly similar marks (e.g., macpoker.com and macpoker.net ) will continue to cause likelihood of confusion and actual confusion as to the source of the services offered by Jackness to the detriment of the general public, as well as Best s users, potential and existing clients, and suppliers.. Jackness s Infringing Use has in fact caused confusion to Best s existing customers, clients, and suppliers who have mistakenly believed that Best owned, sponsored, or endorsed Jackness s infringing internet domains.. Jackness s unauthorized and Infringing Use will, unless enjoined, continue to cause additional irreparable harm, damage, and injury to Best s good will in the Mark.. Best has been, and will continue to be, irreparably harmed as a result of Jackness Infringing Use and threatened Infringing Use.. Jackness has unlawfully and wrongfully derived, and will continue to derive, illgotten income and profits as a result of Jackness s Infringing Use.

5 Case :0-cv-000 Document Filed 0/0/0 Page of 0 0. In 00, Best filed an application to register MAC POKER with the United States Patent and Trademark Office ( USPTO ); and Best is in the process of completing the registration process for the Mark. (Ex..). For the purpose of registering the Mark, Best described, under penalty of perjury, the scope of Best s market as: (Ex..) providing news and information via a global computer network in the field of gaming, namely, online gaming websites, gaming strategy, gaming software, gaming rules, online gaming affiliate programs, gaming television show schedules, and gaming tournament schedules. FIRST CAUSE OF ACTION FALSE DESIGNATION OF ORIGIN PURSUANT TO U.S.C.A. (a). Best incorporates, repeats, and realleges every allegation set forth above. 0. Best, since at least as early as June of 00, has been and continues to be engaged in the business of selling internet advertising in connection with Best s Mark, Best s Website, and Best s services.. Notwithstanding Best s well-known and prior-established rights in the Mark, Best s Website, and Best s services, Jackness, in or about January of 00, adopted, advertised, and used in commerce websites bearing the Mark (Ex. ) and having similar elements of Best s website for the purpose of substantially simulating Best s Mark, the appearance of Best s Website, and Best s designation of the origin of Best s services.. Jackness s Infringing Use of the Mark constitutes a designation of origin and is a reproduction, counterfeit, copy, or colorable imitation of Best s Mark and Best s services.. Jackness s Infringing Use is likely to deceive the public or to cause confusion or mistake as to the origin of the services.. Jackness s Infringing Use constitutes a false designation of origin and a false description and representation of Best s business and services, which has damaged and will continue to damage the reputation and goodwill of Best established in connection with Best s Mark, in violation of section (a) of the Lanham Act ( U.S.C.A. (a)).

6 Case :0-cv-000 Document Filed 0/0/0 Page of 0 0. Best has sustained actual damages as a direct and proximate result of Jackness s Infringing Use, and Jackness is liable to Best for the amount of those actual damages pursuant to section of the Lanham Act ( U.S.C.A. ).. Jackness has profited as a direct and proximate result of Jackness s Infringing Use, and Jackness is liable to Best for the amount of those profits pursuant to section of the Lanham Act ( U.S.C.A. ).. Jackness willfully engaged in the Infringing Use and is liable to Best for three times Best s actual damages or Jackness s profits resulting from the Infringing Use, whichever is greater, plus prejudgment interest; or, in the alternative, to statutory damages not exceeding $,000,000 pursuant to section of the Lanham Act ( U.S.C.A. ) as amended by the Prioritizing Resources and Organization for Intellectual Property Act of 00.. Best is entitled to preliminary and permanent injunctive relief against further Infringing Use by Jackness pursuant to section of the Lanham Act ( U.S.C.A. ).. Best has been required to retain an attorney to prosecute this action, and Jackness is liable to Best for Best attorney fees incurred in connection with the prosecution of this action pursuant to section of the Lanham Act ( U.S.C.A. ). 0. Best has incurred costs of suit in connection with bringing this action, and Jackness is liable to Best for those costs of suit pursuant to section of the Lanham Act ( U.S.C.A. ). SECOND CAUSE OF ACTION MISAPPROPRIATION OF COMMERCIAL PROPERTIES. Best incorporates, repeats, and realleges every allegation set forth above.. Best has invested significant time, effort, and money in creating, publicizing, and protecting the Mark and developing valuable goodwill arising from and associated with the Mark (the Commercial Property ).. Best has preserved Best s right to license, encumber, or sell the Commercial Property to individuals or entities while Best has expended substantial resources to increase the value of such potential licensing, encumbering, or sales.

7 Case :0-cv-000 Document Filed 0/0/0 Page of 0 0. Jackness misappropriated the Commercial Property by publishing or effectuating the publication of a competing website, with respect to which Jackness intends to license, encumber, or sell such Commercial Property to individuals and/or entities, for Jackness s enrichment, without appropriately compensating Best.. Best has sustained and will continue to sustain damages as a direct and proximate result of Jackness s misappropriation of Best s Commercial Property, and Jackness is liable to Best for the amount of those present and future damages.. Best is entitled to preliminary and permanent injunctive relief against further misappropriation of Best s Commercial Property by Jackness.. Best has been required to retain an attorney to prosecute this action, and Jackness is liable to Best for Best attorney fees incurred in connection with the prosecution of this action.. Best has incurred costs of suit in connection with bringing this action, and Jackness is liable to Best for those costs of suit. THIRD CAUSE OF ACTION NEVADA COMMON-LAW UNFAIR COMPETITION. Best incorporates, repeats, and realleges every allegation set forth above. 0. Jackness has, by careful and considered planning, intentionally advertised and generated revenues in connection with services similar or identical to Best through Jackness s websites bearing Best s Mark to simulate the appearance of Best s Website and Best s Mark to confuse and deceive customers, clients, suppliers, or the public and to obtain acceptance of Jackness s product based on the merit, reputation, and good will of Best and Best s services.. Jackness s acts enable Jackness to compete unfairly with Best by palming off Jackness s services as those of Best, to the detriment of Best and the public, which causes irreparable damage.. Jackness, by his unauthorized appropriation and use of Best s Mark, has engaged, and is continuing to engage, in acts of: () wrongful deception of the purchasing public; () wrongful designation as to the source, endorsement, or sponsorship of Jackness s services; () wrongful deprivation of Best s good name and reputation; and () the wrongful deprivation of Best s right to public recognition and credit as true source of the MAC POKER services.

8 Case :0-cv-000 Document Filed 0/0/0 Page of 0 PRAYER FOR RELIEF Best prays for judgment against Jackness as follows:. For general and special damages;. For punitive damages;. For statutory damages;. For cancellation or forfeiture of the Mac Poker domain names;. For attorneys fees and costs of suit incurred herein;. For pre- and post-judgment interest as allowed by law;. For temporary and permanent injunctive relief; and. For any other relief this Court may deem proper. DEMAND FOR JURY TRIAL Best hereby requests trial by jury on all causes of action set forth in this Complaint. Dated this th day of April, GIBSON LOWRY BURRIS LLP BY /S/ J. SCOTT BURRIS STEVEN A. GIBSON, ESQ. Nevada Bar No. J. SCOTT BURRIS, ESQ. Nevada Bar No. 0 City Center West 0 West Lake Mead Boulevard, Suite 0 Las Vegas, Nevada Attorneys for Best Odds Corp.