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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

REBELLION DEVELOPMENTS LIMITED,

CHRISTOPHER KINGSLEY and JASON

KINGSLEY,

Plaintiffs,

v.

STARDOCK ENTERTAINMENT, INC. and

IRONCLAD GAMES CORPORATION.

Defendants.

Case No. _____________

JURY TRIAL DEMANDED

COMPLAINT

Plaintiffs Rebellion Developments Limited, Christopher Kingsley and Jason Kingsley

(collectively, “Rebellion” or “Plaintiffs”) allege against defendants Stardock Entertainment, Inc.

and Ironclad Games Corporation (collectively, “Ironclad” or “Defendants”) as follows:

JURISDICTION AND VENUE

1. This is an action for the infringement of a registered trademark and unfair

competition arising under the Lanham Act, 15 USC §1051 et seq. and various statutes of the

State of Michigan. This Court has jurisdiction of this action under 15 USC §1121, 28 USC

§1331, 28 USC §1338, and 28 USC §1367.

2. Venue is proper in this district under 28 USC §1391, this being a judicial district

where Defendant Stardock Entertainment, Inc. is doing business and in which a substantial part

of the events giving rise to the causes of action occurred.

2:12-cv-12805-VAR-MJH Doc # 1 Filed 06/26/12 Pg 1 of 14 Pg ID 1

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THE PARTIES

3. Plaintiff Rebellion Developments Limited is a company organized and existing

under the laws of England and Wales, having its principal place of business at Riverside House,

Osney Mede, Oxford, OX2 0ES, United Kingdom.

4. Plaintiffs Christopher Kingsley and Jason Kingsley are individuals and citizens of

the United Kingdom, with a business address of Riverside House, Osney Mede, Oxford, OX2

0ES, United Kingdom.

5. Upon information and belief, Defendant Stardock Entertainment, Inc. is a

corporation organized and existing under the laws of the State of Michigan, having their

principal place of business at 15090 Beck Rd., Plymouth, Michigan 48170.

6. Upon information and belief, Defendant Ironclad Games Corporation is a

corporation organized and existing under the laws of Canada, having its principal place of

business at 5172 Kingsway, Suite 340, Burnaby, British Colombia, Canada V5H 2E8.

PLAINTIFFS AND THE “REBELLION” MARK

7. In 1991, Christopher Kingsley and Jason Kingsley founded Rebellion

Developments Limited, which has become and is now a well-known British computer games

company.

8. Since 1991, Rebellion has developed more than forty computer games, including

the awarding wining title Sniper Elite, and well-known games such as Aliens vs. Predator, Star

Wars Battlefront: Renegade Squadron, Judge Dredd: Dredd vs. Death, and The Simpsons Game.

Many of said games feature futuristic science fiction scenarios.


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9. Rebellion’s branded games are sold and distributed through-out the world,

including in the United States and the State of Michigan, to be played on PCs and most, if not

every, major gaming console, including but not limited to SONY PLAYSTATION, XBOX, and

the Wii.

10. Nearly every game sold throughout the world, including within the United States

and the State of Michigan, developed by Rebellion, bears the house mark REBELLION. A

representative sample is displayed below:

11. In addition to their common law rights, Christopher Kingsley and Jason Kingsley

own the U.S. trade/service mark registration of REBELLION, Reg. No. 2845116 (“the ‘116

registration”), for among other things, “entertainment and amusement machines and apparatus,

namely, video games and electronic games; discs, optical discs, silicon chips, microchips,

electronic circuits all encoded with computer programs for video games and all for use with the

aforesaid games apparatus; musical sound recordings, program memory cartridges for electronic


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amusement, namely, video game apparatus; parts for the aforesaid goods” and “computer

programming, computer software development services for others; providing on-line website

information in the field of entertainment software and computer software development services

for others; customization, maintenance of computer programs; computer software design and

development”, which registered May 25, 2004, and claims use from October 1994. The

aforementioned trade/service mark registration is valid, subsisting and enforceable. Exhibit A

attached hereto is a copy of that registration.

12. Under license from Christopher Kingsley and Jason Kingsley, Rebellion

Developments Limited since at least as early as 1994 has extensively been using in interstate

commerce the REBELLION house mark for computer games and related goods/services.

DEFENDANTS’ ACTIONS

13. Upon information and belief, Defendant Ironclad Games Corporation is a

computer game development company.

14. Upon information and belief, Defendant Stardock Entertainment, Inc. is the

exclusive worldwide publisher and distributor of Ironclad’s computer games.

15. Upon information and belief, Defendants have recently begun marketing,

promoting, and selling throughout the United States a new computer game called “Sins of A

Solar Empire: REBELLION”.

16. Defendants on their websites, www.ironcladgames.com, www.stardock.com and

www.sinsofasolarempire.com, and elsewhere, conspicuously display Defendants’ product

packaging and/or promotional images for its game “Sins of A Solar Empire: REBELLION”.

Screenshots from Defendants’ www.ironcladgames.com, www.stardock.com and

www.sinsofasolarempire.com websites are attached as Exhibit B. As shown in the example


http://www.sinsofasolarempire.com/

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below, said image features the word REBELLION in font type that is larger and more prominent

than the wording “Sins of A Solar Empire”.

Exhibit C.

17. Consumers may order the game “Sins of A Solar Empire: REBELLION” from

Defendants’ and third parties’ websites. For example, see Exhibits B and C.

18. Defendants use the term REBELLION per se to identify the “Sins of A Solar

Empire: REBELLION” game. For example, Defendants, upon information and belief, use

REBELLION per se in the game itself as shown below, on an image used on the packaging or

used to promote the sale of the goods as shown below, in the download section of Defendants’

website, www.sinsofasolarempire.com, where a consumer may download “REBELLION

VIDEOS” and “REBELLION SCREENSHOTS”, and in sections of Defendants’ aforesaid

website entitled “REBELLION REVIEWS” and “REBELLION FEATURES”.


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(use in the game)

(use on an image on the game or to promote the game)

Exhibit D.

19. Third parties are also referring to Defendants’ “Sins of A Solar Empire:

REBELLION” game using only Plaintiff’s REBELLION trademark. For example, reviewers of

the game have stated:

. . .

Given the timing of the Rebellion announcement alongside news of the upcoming "free

to play" options added to Impulse Reactor, we asked if this next Sins would be a free-to-

play title. "Definitely not," Clair said, though pricing has not been set.

Rebellion will support achievements, multiplayer leagues and other features. Speaking to

concerns voiced by players that don't have the hours to set aside for a standard

multiplayer match in Sins, Clair said, "We're going to continue looking at ways to address

that for folks who want to get a game in under an hour."


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. . .

… When the TEC Rebels start summoning Pirate fleets to their aid and the Vasari

Loyalists start eating entire planets for resources, Rebellion feels like its own excellent

game.

. . .

Rebellion also reminds me of the expansions for Age of Empires III. Ensemble and Big

Huge Games eventually brought to that RTS new ways to play by adding strange new

factions and victory conditions that drove the game in new directions. Native Americans,

Eastern cultures, trade monopolies, and revolutions made Age of Empires III almost

unrecognizable from its original form. Rebellion is nearly as revolutionary with its new

subfactions, and it’s easily as revolutionary with its new victory conditions.

Rebellion’s new victory conditions are arguably the most meaningful addition. It’s one

thing to add new toys, but it’s something else entirely to give those new toys a new

direction. . .

Exhibit E.

20. Consumers are led to mistakenly believe that the developer of the game “Sins of

A Solar Empire: REBELLION”, is in fact Plaintiff REBELLION, as evidenced by the following

description found on YOUTUBE:

The developers over at "Rebellion" talks to us about what to expect from their newest

game. As a tech rebel or a tech loyal, you will get to command legions of warships into a

galactic space battle. Check out the video for more!

See http://youtube/zGNSLdbfJVk and Exhibit E.

21. On April 23, 2012, Plaintiffs, through their counsel, requested that Defendant

Ironclad Games Corporation cease and desist from using REBELLION for computer games and

the like.


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22. Defendants, by their counsel’s letter dated May 10, 2012, have refused to cease

and desist and continue to use REBELLION as or as part of a trademark for computer games.

FIRST COUNT

(Infringement of U.S. Trademark)

23. Plaintiffs repeats and re-alleges each of the allegations set forth in Paragraphs 1

through 22 of the Complaint above, as though same were fully set forth herein.

24. Defendants’ unauthorized use of REBELLION alone or as part of aforementioned

mark “Sins of A Solar Empire: REBELLION” for computer games has caused and/or will cause

confusion, to cause mistake and to deceive purchasers and potential purchasers as to the source

or origin of Defendants’ goods/services.

25. The aforesaid activities of Defendants constitute an infringement of the rights of

Plaintiffs as embodied in its United States trade/service mark registration set forth above,

contrary to the express provisions of 15 U.S.C. §1114(1) of the Lanham Act, in that Defendants,

without the authorization of Plaintiffs, have used and are using in commerce confusingly similar

imitations of Plaintiff’s aforesaid house mark for computer games and related goods/services

offered in the State of Michigan and in interstate commerce, all to the damage and detriment of

Plaintiffs.

26. Upon information and belief, Defendants’ infringing activities are and have been

undertaken and carried out with knowledge of Plaintiffs’ prior rights in and to its above noted

mark within the United States, all for the purpose of capitalizing on the substantial reputation and

goodwill of Plaintiffs and the REBELLION mark.

27. All of the acts of Defendants herein complained of in the preceding paragraphs

are calculated to and will invariably cause substantial damage to the reputation and goodwill of


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Plaintiffs. Unless enjoined by this Court, said unlawful and unauthorized acts of Defendants will

inevitably cause confusion, mistake or deception and will lead or tend to lead the trade and

public to believe erroneously that the goods of Defendants originate with Plaintiffs, or that

Defendants’ “Sins of A Solar Empire: REBELLION” computer game is authorized, licensed or

controlled by Plaintiffs, or that Defendants are affiliated with or in some way related to

Plaintiffs, by reason of which the reputation and goodwill of Plaintiffs will be subject to the

hazards and perils attendant upon the activities of Defendants, over which Plaintiffs have no

control.

SECOND COUNT

(False Designation of Origin And Unfair Competition)

28. Plaintiffs repeat and re-allege each of the allegations set forth in paragraphs 1

through 27 of the Complaint above as though fully set forth herein.

29. Defendants have used and are using the above noted trademark as a false

description and a false representation that the goods offered by them originate with, are

sponsored by or are connected with Plaintiffs.

30. Defendants have used and are using the above noted trademark in its advertising

and promotional activities without authorization in a manner which is likely to cause confusion,

or to cause mistake, or to deceive as to the origin, affiliation, sponsorship or approval by

Plaintiffs of Defendants’ goods, or commercial activities.

31. These actions of Defendants violate 15 U.SC. §1125(a) of the Lanham Act, and

Plaintiffs are and are likely to continue to be damaged by such illegal acts.


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THIRD COUNT

(Violation of Michigan Consumer Protection Act)


through 31 of the Complaint above as fully set forth herein.

33. In violation of the Michigan Consumer Protection Act § M.C.L. § 445.903, the

Defendants’ conduct aforesaid has caused a probability of confusion or misunderstanding as to

the source, sponsorship, approval, or certification of its goods or services.

34. Through its conduct aforesaid, Defendants have represented that its goods or

services have sponsorship, approval, or characteristics that they do not have.

35. As a direct result of Defendants’ violations, Plaintiffs have suffered substantial

harm, which cannot be remedied unless Defendants are enjoined from use of the REBELLION

trademark.

36. Plaintiffs have been and will continue to be damaged by Defendants’ above-stated

activities and conduct. Defendants have or will profit thereby and, unless enjoined by this Court,

the business, goodwill and reputation of Plaintiffs will suffer irreparable injury which cannot be

adequately calculated or compensated for solely by money damages.

FOURTH COUNT

(Common Law Unfair Competition)


through 36 of the Complaint above as fully set forth herein.

38. By assisting and encouraging third parties to market, advertise, promote, sell

and/or otherwise deal in the infringing products, Defendants have engaged in unfair competition


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and contributory trademark infringement in violation of the common law of the State of

Michigan.

39. Upon information and belief, the conduct of Defendants have been knowing,

deliberate, willful, intended to cause confusion, or to cause mistake or to deceive, and in

disregard of Plaintiffs’ rights.

40. Defendants’ wrongful conduct, as alleged above, has permitted and will permit

them to make substantial sales and profits on the strength of Plaintiffs’ nationwide marketing,

advertising, sales and consumer recognition. As a direct and proximate result of Defendants’

wrongful conduct, as alleged herein, Plaintiffs have been and will be deprived of substantial sales

of its products in an amount as yet unknown but to be determined at trial, and has been and will

be deprived of the value of its trademarks as commercial assets, in an amount as yet unknown

but to be determined at trial. Plaintiffs seek an order granting Defendants’ profits stemming from

its infringing activity, and its actual and/or compensatory damages.

41. Plaintiffs have no adequate remedy at law for Defendants’ continuing violation of

its rights set forth above. Plaintiffs seek preliminary and permanent injunctive relief.

42. Plaintiffs seek exemplary or punitive damages for Defendants’ intentional

misconduct.

WHEREFORE, PLAINTIFFS pray that:

1. Defendants and those in privity with each of them and their officers, attorneys,

agents, employees and representatives and all other persons acting on their behalf or under their

direction be preliminarily and permanently enjoined and restrained from using, in connection

with the offering, sale distribution of computer games and related goods/services:


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a. any design, symbol, style, device, mark, or any other designation, or any

combination thereof which infringes United States Registration No. 2845116;

b. any design, symbol, style, device, mark, or any other designation which is

likely to confuse, or to cause mistake or to deceive or to otherwise mislead the trade or public

into believing that goods/services promoted and provided by Defendants are in any way

connected with, related to or under the supervision or control of Plaintiffs;

c. any design, symbol, style, device, mark, or any other designation, which

injures or creates a likelihood of injury to the business reputation and goodwill of Plaintiffs, the

mark REBELLION, or creates a likelihood of the dilution or misappropriation of the goodwill

appurtenant to the mark REBELLION; and

d. any trade practice whatsoever which unfairly tends to injure or infringe

upon the business of Plaintiffs and the goodwill appurtenant thereof.

2. Defendants be ordered to pay to Plaintiffs the damages they have suffered and

will suffer by reason of their illegal conduct complained of herein, in an amount to be

determined at trial, and that such damages be trebled pursuant to 15 U.S.C. §1117.

3. Defendants be ordered to account for and pay over to Plaintiffs all gains, profits

and advantages derived from the activities herein complained of.

4. Defendants, their officers, attorneys, agents, employees and representatives and

all persons in privity with them deliver up to this Court for destruction all name plates, labels,

signs, prints, advertisements, promotional materials and the like in their possession or control

bearing the imitations of the mark REBELLION, and all plates, molds, matrices, and other

means of making the same in their possession, custody and control.


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5. That Defendants’ conduct be deemed willful, and Defendants be ordered to pay to

Plaintiffs punitive and exemplary damages as punishment for their intentional acts of misconduct

and to deter any future misconduct by them.

6. That this case be deemed "exceptional" in the sense of 15 U.S.C. § 1117(a), and

Defendants be required to pay to Plaintiffs its litigation expenses, including reasonable attorneys’

fees and the costs of this action.

7. Defendants be required to pay to Plaintiffs interest on the foregoing as provided

by law.

8. Plaintiffs be granted such other and further relief as to the Court seems just and

proper.


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JURY DEMAND

Plaintiffs hereby request a trial by jury of all issues that are triable by jury.

Respectfully submitted,

BROOKS KUSHMAN P.C. Dated: June 26, 2012

/s/ Robert C.J. Tuttle

Robert C.J. Tuttle (P25222)

Hope V. Shovein (P64116)

1000 Town Center, Twenty-Second Floor

Southfield, Michigan 48075

Telephone: (248) 358-4400

Facsimile: (248) 358-3351

Email: [email protected]

[email protected]

Attorneys for Plaintiffs

Of Counsel for Plaintiffs:

William C. Wright (WW 2213)

Jason M. Drangel (JD 7204)

EPSTEIN DRANGEL LLP

60 East 42nd

Street, Suite 2410

New York, NY 10165

Tel.: (212) 292-5390

Fax: (212) 292-5391


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