CASE NO. CV-09: 2744 SI

 [PROPOSED] DEFAULT JUDGMENT 

AGAINST DEFENDANT MICHAEL 

RUTHERFORD A/K/A KEREM AZER

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Larry W. McFarland (Bar No. 129668) 

E-Mail: lmcfarland@kmwlaw.com 

Dennis Wilson (Bar No. 155407) 

E-Mail: dwilson@kmwlaw.com 

David K. Caplan (Bar No. 181174) 

E-Mail: dcaplan@kmwlaw.com 

Christopher T. Varas (Bar No. 257080) 

E-Mail: cvaras@kmwlaw.com 

KEATS McFARLAND & WILSON LLP 

9720 Wilshire Boulevard 

Penthouse Suite 

Beverly Hills, California 90212 

Telephone: (310) 248-3830 

Facsimile: (310) 860-0363 

Attorneys for Plaintiff 

ZYNGA GAME NETWORK INC. 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

ZYNGA GAME NETWORK INC. 

 Plaintiff, 

 v. 

LINDA GREENE; NATHAN WIPF; 

CHADWICK MARTIN; SHADI 

ABDULSALAM; MICHAEL RUTHERFORD, 

A/K/A KEREM AZER; ALEXANDRU 

MIHALACHE; CELINO STOIAN; VICTOR 

GHENADI; LUCIAN IONESCU; ANDRZEJ 

KOPJAS, A/K/A PAUL GYONGYOSI, 

 Defendants. 

CASE NO. CV-09: 2744 SI 

[PROPOSED] DEFAULT JUDGMENT 

AGAINST DEFENDANT MICHAEL 

RUTHERFORD A/K/A KEREM AZER 

Case 3:09-cv-02744-SI Document 79 Filed 04/27/10 Page 1 of 6
 CASE NO. CV-09: 2744 SI

 [PROPOSED] DEFAULT JUDGMENT 

AGAINST DEFENDANT MICHAEL 

RUTHERFORD A/K/A KEREM AZER

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Plaintiff Zynga Game Network, Inc. (“Zynga”), having filed a Complaint in this action 

charging defendant Michael Rutherford a/k/a Kerem Azer (“Defendant Azer”), and other defendants, 

with Federal Trademark Infringement, Federal Cybersquatting, State Statutory Unfair Competition, 

State Common Law Trademark Infringement and Unfair Competition, Breach of Contract and 

Intentional Interference with Contractual Relations, and the Court having found good cause, it is 

hereby

ORDERED, ADJUDGED AND DECREED as between Zynga and Defendant Azer: 

1. This Court has jurisdiction over the Parties to this action and over the subject matter 

hereof pursuant to 15 U.S.C. §§ 1116, 1121 and 1125, and 28 U.S.C. §§ 1331, 1338(a) and (b), and 

1367(a). Service was properly made against Defendant Azer. 

2. Zynga owns the trademark and service mark ZYNGA (the “ZYNGA Mark”) and has 

used the Zynga Mark in commerce since June 2007. 

3. The ZYNGA Mark is inherently distinctive and by virtue of Zynga’s extensive 

advertising and sales under the ZYNGA Mark, has become well-known within social gaming circles 

as a source identifier for Zynga’s online games. 

4. Zynga is the owner of United States Federal Trademark Registration No. 3,685,749 

for the mark ZYNGA in International Classes 9 and 41 for downloadable computer game software 

for use on wireless devices and computers. 

5. Zynga is the publisher of Zynga Poker (the “Game”), a computerized version of the 

world-famous poker game in which players compete with one another using virtual “chips.” 

6. Zynga’s Terms of Service, which govern users’ play of the Game, provide that the 

“chips” used in the Game are not redeemable for any sum of “real world” money or monetary value. 

The Terms of Service also prohibit the sale of “chips” “for ‘real world’ money” and prohibit the use 

of the Game for unacceptable purposes, including activity in “conflict with the spirit or intent of” the 

Game. Zynga has not authorized any third party to sell or distribute the “chips” used in the Game. 

Case 3:09-cv-02744-SI Document 79 Filed 04/27/10 Page 2 of 6
 CASE NO. CV-09: 2744 SI

 [PROPOSED] DEFAULT JUDGMENT 

AGAINST DEFENDANT MICHAEL 

RUTHERFORD A/K/A KEREM AZER

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7. Defendant Azer assented to and is bound by the Terms of Service governing use of 

the Game, which are located at http://www.zynga.com/legal/terms_of_service.php. 

8. Defendant Azer has owned and operated websites through which he has unlawfully 

sold and offered for sale “chips” for use in the Game, and has wrongfully used the ZYNGA Mark to 

advertise and sell these unauthorized “chips”. Defendant Azer has operated these websites from the 

following Internet domain names: BUYCHIPSNOW.COM and FACEBOOKPOKERSTORE.COM. 

9. Defendant Azer has willfully and maliciously violated Zynga’s intellectual property, 

contractual, and other rights, and Defendant Azer is liable for trademark infringement pursuant to 15 

U.S.C. § 1125(a); violation of Cal. Bus. & Prof. Code § 17200; California common law trademark 

infringement; common law passing off and unfair competition; breach of contract; and intentional 

interference with contractual relations. 

10. Defendant Azer and his affiliates, agents, servants, employees, representatives, 

successors, assigns, and any person, corporation or other entity acting under Defendant Azer’s 

direction or control, or in active concert or participation with Defendant Azer, are immediately and 

permanently enjoined throughout the world from: 

a. Directly or indirectly using the ZYNGA trademark and any other mark, 

symbol, or logo that is a reproduction, counterfeit, copy, or colorable imitation of or that is 

confusingly similar to, or that is identical with, or substantially indistinguishable from, the ZYNGA 

mark on or in connection with any goods or services; 

b. Infringing any of Zynga’s intellectual property rights in any manner, including 

but not limited to the ZYNGA Mark, any copyrights owned by Zynga, or any other rights owned by 

Zynga related to the Game; 

c. Engaging in any conduct that tends falsely to represent that, or is likely to 

confuse, mislead or deceive purchasers, Defendant Azer’s customers and/or members of the public 

to believe that, the actions of Defendant Azer are connected with Zynga, are sponsored, approved, or 

licensed by Zynga, or are in any way connected or affiliated with Zynga; 

Case 3:09-cv-02744-SI Document 79 Filed 04/27/10 Page 3 of 6
 CASE NO. CV-09: 2744 SI

 [PROPOSED] DEFAULT JUDGMENT 

AGAINST DEFENDANT MICHAEL 

RUTHERFORD A/K/A KEREM AZER

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d. Affixing, applying, annexing, or using in connection with the manufacture, 

distribution, advertising, sale, and/or offering for sale or other use of any goods or services, a false 

description or representation, including words or other symbols, tending to falsely describe or 

represent such goods as being those of, or authorized by, Zynga; 

e. Registering any Internet domain name that includes the ZYNGA Mark, or any 

variations or misspellings thereof, whether alone or in combination with any other term(s) or 

character(s);

f. Accessing, directly or indirectly, any computer server or computer system 

owned, leased or operated by Zynga for any reason whatsoever, including without limitation any 

server or computer that provides access to the Game, or to any other game or application published 

by Zynga;

g. Advertising, purchasing, selling, trading, exchanging, profiting from, 

accepting or processing payments for, or facilitating or participating in any way in the advertisement, 

purchase, sale, trade, or exchange of “chips” for use in the Game or any virtual item used in any 

Zynga game or application; 

h. Participating in any way in the display of online “sponsored links” or any 

other form of pay-per-click or pay-per-impression advertising related to “chips” for use in the Game 

or any other virtual item used in any Zynga game or application, including but not limited to causing 

hyperlinks and other advertising materials to be displayed in response to searches for “zynga”, or 

searches for any of Zynga’s games or applications; 

i. Otherwise competing unfairly with Zynga in any manner; and 

j. Effecting assignments or transfers, forming new entities or associations or 

utilizing any other device for the purpose of circumventing or otherwise avoiding the prohibitions set 

forth in subparagraphs (a)-(i) above. 

Case 3:09-cv-02744-SI Document 79 Filed 04/27/10 Page 4 of 6
 CASE NO. CV-09: 2744 SI

 [PROPOSED] DEFAULT JUDGMENT 

AGAINST DEFENDANT MICHAEL 

RUTHERFORD A/K/A KEREM AZER

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11. The Internet registrar(s) through which the domain names BUYCHIPSNOW.COM 

and FACEBOOKPOKERSTORE.COM are registered are hereby ORDERED to transfer ownership 

of these domain names to Zynga. 

12. Defendant Azer is hereby ORDERED to account for and to disgorge all profits from 

his sale of “chips” for use in the Game. 

13. The Court finds that this is an exceptional case warranting an award of attorneys’ fees 

and costs, and will consider a motion for an award of attorneys’ fees and a bill of costs submitted by 

Plaintiff pursuant to Federal Rule of Civil Procedure 54(d) and Civil Local Rule 54.

14. This Court retains jurisdiction of this matter for the purposes of making any further 

orders necessary or proper for the enforcement of this Judgment and the punishment of any 

violations thereof. 

15. This Judgment shall be deemed to have been served upon Defendant Azer at the time 

of its execution by the Court. 

16. The Court expressly determines that there is no just reason for delay in entering this 

Judgment, and pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs entry 

of judgment against Defendant Azer. 

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Case 3:09-cv-02744-SI Document 79 Filed 04/27/10 Page 5 of 6
 CASE NO. CV-09: 2744 SI

 [PROPOSED] DEFAULT JUDGMENT 

AGAINST DEFENDANT MICHAEL 

RUTHERFORD A/K/A KEREM AZER

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17. This Judgment is a final judgment, entered against Defendant Azer pursuant to 

Federal Rule of Civil Procedure 54(b). This Judgment is not and shall not be deemed to be a 

judgment as to any of Zynga’s claims against any defendants in this litigation other than Defendant 

Azer.

Dated ____________________, 2010 ___________________________ 

 The Honorable Susan Illston 

 United States District Court Judge 

Presented by: 

LARRY W. McFARLAND 

DENNIS L. WILSON 

DAVID K. CAPLAN 

CHRISTOPHER T. VARAS 

KEATS McFARLAND & WILSON LLP 

9720 Wilshire Blvd. 

Penthouse Suite 

Beverly Hills, CA 90212 

(310) 248-3830 

____________________________

Christopher T. Varas 

Attorneys for Plaintiff 

Zynga Game Network, Inc. 

4/26/10

Case 3:09-cv-02744-SI Document 79 Filed 04/27/10 Page 6 of 6