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Andrew D. Skale, Esq., pro hac vice forthcoming 

Ben L. Wagner, Esq. pro hac vice forthcoming

MINTZ LEVIN COHN FERRIS GLOVSKY 

AND POPEO PC 

3580 Carmel Mountain Road, Suite 300 

San Diego, California 92130 

Telephone: (858) 314-1500 

Facsimile: (858) 314-1501 

adskale@mintz.com 

blwagner@mintz.com 

Lyzzette M. Bullock, Esq., Bar No. 027108 

MINTZ LEVIN COHN FERRIS GLOVSKY 

AND POPEO PC 

One Financial Center 

Boston, Massachusetts 02111 

Telephone: (617) 542-6000 

Facsimile: (617) 542-2241 

lmbullock@mintz.com 

Attorneys for Plaintiff, ORCHID LABS, INC.

UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA 

ORCHID LABS, INC. 

Plaintiff, 

v. 

ANONYMOUS ULTIMATE LICENSEE 

OF SALE-ORCHID.COM; DOMAINS BY 

PROXY, LLC 

Defendants. 

Case No.: 

VERIFIED COMPLAINT 

[TRO REQUESTED WITH 

NOTICE GIVEN BY EMAIL] 

[JURY TRIAL DEMANDED] 

Case 2:18-cv-00582-DJH Document 1 Filed 02/21/18 Page 1 of 22
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IMMEDIATE TRO RELIEF AND WHY IT IS JUSTIFIED: 

This lawsuit is brought by Orchid Labs, Inc. because an anonymous party 

has registered the domain sale-orchid.com through a privacy protect organization, 

set up a clone website of Plaintiff’s orchid.com website, and has in the past four 

days alone stolen over $66,000 in funds from unsuspecting persons looking to and 

believing they are investing in Plaintiff. Upon receiving notice of the demands, the 

ultimate licensee drained all money from its account received by this fraudulent 

scheme, something known to Plaintiff because the fraud involves taking money in 

the form of etherion (“ETH”) cryptocurrency, which have left an online digital 

fingerprint that Plaintiff has located. 

Plaintiff has pursued all informal channels through the hosts, registrar and 

privacy-protect registrant to immediately shut-down the site but to-date the site 

remains active. Plaintiff has filed a claim with the cybercrimes division of the FBI. 

Plaintiff seeks recovery through an ultimate judgment, but also is in immediate 

need of a temporary restraining order requiring the infringing and cybersquatting 

site to be shut down and provisionally transferred to Plaintiff to prevent further 

irreparable harm pending the ultimate resolution of this dispute. Thus, a TRO is 

sought immediately to protect Plaintiff and those who have been confused by the 

Defendants’ use of Plaintiff’s exact trademark and replica of its copyrighted 

website content. 

Case 2:18-cv-00582-DJH Document 1 Filed 02/21/18 Page 2 of 22
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Coin transfers cannot be unwound. This fraud is complete each time a user 

is duped into believing sale-orchid.com is a site they can actually invest coin funds 

through in order to invest in Plaintiff. These defrauded members of the public 

should be protected. 

Plaintiff ORCHID LABS, INC. brings suit for cybersquatting, trademark 

infringement, and copyright infringement, and for its Complaint against Defendant 

the ANONYMOUS ULTIMATE LICENSEE OF HTTP://SALE-ORCHID.COM/, 

and DOMAINS BY PROXY, LLC (“collectively, “Defendants”) alleges and states 

as follows: 

THE PARTIES: 

1. Plaintiff ORCHID LABS, INC. (“Plaintiff” or “ORCHID”) is a 

Delaware corporation with its principal place of business located at 300 Broadway, 

Suite 16, San Francisco California, 94133, which owns and operates the website 

orchid.com. 

2. Defendant ANONYMOUS ULTIMATE LICENSEE OF 

HTTP://SALE-ORCHID.COM/ (“Defendant” or “ULTIMATE LICENSEE”) is an 

unknown individual or entity, who is the ultimate licensee of the privacy-protected 

registration for the domain <sale-orchid.com>. 

3. Defendant DOMAINS BY PROXY, LLC (“Defendant” or “DBP”) is 

a Delaware limited liability company, registered to do business in Phoenix, 

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Arizona, a registered privacy protection service, and the Registrant for SALEORCHID.COM with its principal place of business at 14455 N. Hayden Rd., Ste. 

219, Scottsdale, Arizona. 

4. Defendants’ actions alleged herein were those of themselves, their 

agents and/or licensees, and they are jointly and severally liable for the conduct of 

one another as though taken themselves. 

5. This is also (as to the Fourth Cause of Action) an in rem action 

asserted under the provisions of the ACPA 15 U.S.C. § 1125(d), against the 

ultimate licensee and privacy protector of the domain name sale-orchid.com. 

ORCHID seeks an order compelling transfer of the SALE-ORCHID.COM domain 

name so that it may be registered in ORCHID’s name, compensatory damages, 

disgorgement of profits and stolen funds, trebling of damages for willfulness and 

this being an exceptional case, and attorneys’ fees and costs. 

JURISDICTION AND VENUE 

6. This court has subject matter jurisdiction over all claims under inter 

alia 28 U.S.C. §§ 1331 and 1338, and additionally for cybersquatting under 15 

U.S.C. § 1125. 

7. For the Fourth Cause of Action, pled in the alternative should 

jurisdiction over the Ultimate Licensee somehow be found lacking, in rem

jurisdiction and venue are proper in this judicial district pursuant to 15 U.S.C. § 

Case 2:18-cv-00582-DJH Document 1 Filed 02/21/18 Page 4 of 22
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1125 et seq. because (1) the website violates the rights of the trademark and 

copyright holder, Plaintiff ORCHID; (2) ORCHID is unable to obtain in personam 

jurisdiction over the ULTIMATE LICENSEE or any other person who would be a 

defendant under 15 U.S.C. § 1125(d)(1); and (3) in rem jurisdiction over domain 

names is proper in the place of incorporation of the registrar for the domain name. 

See 15 U.S.C. 1125(d)(2)(A). Therefore, Arizona courts have proper in rem

jurisdiction because the registrar of the fraudulent website, GoDaddy.com, LLC 

(“GO DADDY”), is located within the District of Arizona. This in rem proceeding 

is unnecessary to the extent the Court considers DOMAINS BY PROXY to be the 

proper Defendant as the named Registrar for the domain sale-orchid.com. 

8. On February 19, 2018, ORCHID sent a notice of the alleged violation 

to the registrant of the domain name at the postal and e-mail address provided by 

the registrant to the registrar. This was in addition to the February 16, 2018 

emails, online forms, and phone calls to GO DADDY and GOOGLE, as registrar 

and host of the domains. See Exhibit A (a true and correct copy of the notice 

letters sent to GO DADDY and GOOGLE). 

9. DOMAINS BY PROXY is headquartered in Arizona and subject to 

the personal jurisdiction of this Court by virtue of its continuous and systematic 

contacts with Arizona, because the claims arise from conduct it is engaged in in 

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this forum, and because it does not offend traditional notions of fair play and 

substantial justice for it to defend in this forum. 

10. The ULTIMATE LICENSEE is subject to personal jurisdiction this 

forum by virtue of the forum selection clauses it agreed to in registering the 

accused at-issue domain sale-orchid.com through GO DADDY and with privacyprotection services provided by DOMAINS BY PROXY, both of which have 

registration agreements requiring resolution of all disputes in Arizona arising from 

or related to the domain. Specifically, the DOMAINS BY PROXY proxy 

agreement reads: “This Agreement shall be governed in all respects by the laws 

and judicial decisions of Maricopa County, Arizona, excluding its conflicts of laws 

rules. Except as provided immediately below, You agree that any action relating to 

or arising out of this Agreement, shall be brought exclusively in the courts of 

Maricopa County, Arizona. For the adjudication of domain name registration 

disputes, you agree to submit to the exclusive jurisdiction and venue of the U.S. 

District Court for the District of Arizona located in Phoenix, Arizona. You agree 

to waive the right to trial by jury in any proceeding, regardless of venue, that takes 

place relating to or arising out of this Agreement.” GO DADDY’s registrar 

agreement similarly provides disputes “shall be filed only in the Superior Court of 

Maricopa County, Arizona, or the United States District Court for the District of 

Case 2:18-cv-00582-DJH Document 1 Filed 02/21/18 Page 6 of 22
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Arizona, and each party hereby irrevocably and unconditionally consents and 

submits to the exclusive jurisdiction of such courts for any such controversy.” 

UNDERLYING FACTS 

A. Plaintiff’s Business and Intellectual Property 

11. Orchid, founded in 2017, aims to end surveillance and censorship on 

the Internet by building a globally distributed virtual Internet infrastructure 

comprising a marketplace of hosts privately serving users supported by 

micropayments. Orchid enables a world where users own the internet and anyone 

can be rewarded for contributing internet resources including bandwidth, 

computing, and data storage. 

12. Plaintiff is the developer of an open-source internet protocol that is 

designed to ensure that everyone, no matter where they live, has unrestricted 

access to information and communication on the internet, without surveillance or 

censorship. 

13. Orchid’s groundbreaking network protects users’ personal data from 

harvest by ISPs or other entities. Orchid’s protocol promotes freedom of 

information for all, but especially the two-thirds of the world population living in 

countries that censor and limit access to the internet. 

14. Plaintiff has filed an application, Serial No. 87/646,904 to register its 

ORCHID trademark with the United States Patent and Trademark Office, which 

application is currently pending and has been published. 

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15. Orchid closed a seed round of investment in 2017 with participation 

from Sequoia Capital, Polychain Capital, Andreessen Horowitz, DFJ, Metastable, 

Danhua, FBG, Blockchain Capital, Crunchfund, Jack Herrick, Naval Ravikant, and 

other top investors. Orchid is in the process of raising additional capital through a 

private sales of Simple Agreements for Future Tokens (SAFTs) that is only 

available to limited individuals as potential participants or purchasers, in other 

words through future cryptocurrency tokens. 

16. As noted, Plaintiff Orchid owns the domain name Orchid.com, and its 

official website is accessible at http://www.orchid.com. 

17. Orchid’s innovative network has received substantial attention in the 

press and has attracted prominent investors such as Sequoia Capital and 

Blockchain Capital, driving up anticipation surrounding its services. See Exhibit B 

(a true and correct copy of the press release about Orchid network). 

B. Defendants Defraud Potential Purchasers of Orchid’s Initial Product 

Offering 

18. On or about Friday February 16th 2018 a fraudulent website was 

erected at http://sale-orchid.com, which is a virtually identical copy of Orchid’s 

official website at http://www.orchid.com. This fraudulent website at SaleOrchid.com seeks to deceive people into sending money in the form of 

cryptocurrency to the site’s perpetrators under false pretenses that they are 

participating in a “presale” of Orchid’s tokens. In fact these people are not 

Case 2:18-cv-00582-DJH Document 1 Filed 02/21/18 Page 8 of 22
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participating in any token sale and their funds are being stolen by the perpetrators. 

The site has no affiliation with Orchid.com or Orchid. 

19. To make matters worse the perpetrators are sending e-mail messages 

out to various people pretending to be Orchid including potential purchasers 

presently in discussions regarding participation in Orchid’s actual private token 

sale. Such fake e-mails provide links to the fraudulent website at http://saleorchid.com. Plaintiff’s representatives have received copies of these e-mails from 

concerned parties who received them. 

20. Defendants are committing fraud and stealing money from the general 

public via their use of sale-orchid.com and by pretending to be Orchid. This is 

damaging Orchid’s reputation and will likely harm Orchid’s opportunities with 

potential purchasers of its private token sale. 

21. On the fraudulent website at sale-orchid.com the perpetrators are 

asking people to send them money in the form of etherium (ETH) cryptocurrency 

to the current address 0xAF53B671697fcD1a80dcB7798aeDe2173AacbFe2 (there 

may have been prior addresses used). The etherium blockchain makes it possible 

for anyone to see how much ETH has been sent to a particular address. According 

to etherscan.io 

(https://etherscan.io/address/0xAF53B671697fcD1a80dcB7798aeDe2173AacbFe2

), $66,173.4017 worth of ETH has been received for this current address based on 

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the exchange rate for ETH, and this is only over a matter of days (as of the 

morning of February 21, 2018). The perpetrators are stealing this money from the 

general public by their use of the fraudulent site. 

22. Attached hereto as Exhibit C is a true and correct copy of a printout 

and download from etherscan.io for the Etherium Block provided on saleorchid.com, 0xAF53B671697fcD1a80dcB7798aeDe2173AacbFe2. These show 

the transfers associated with the Block used for sale-orchid.com transfers. 

Etherscan.io represents itself as follows: “EtherScan is a Block Explorer, Search, 

API and Analytics Platform for Ethereum, a decentralized smart contracts 

platform,” and keeps a publicly-accessible database of Etherium (“ETH”) 

transactions that can be located by the Ehterium Block sequence. The blockchain 

purports to be an immutable ledger of transactions. Each ether acts as a coin that 

can be traded in whole or part based on its blockchain, and in some aspects is a 

cryptocurrency similar to Bitcoin. 

23. Through sale-orchid.com and emails pointing recipients to that site, 

the perpetrators solicit payment for the fake Orchid “presale” by requiring a 

minimum payment in virtual currency. The fraudulent webpage soliciting these 

payments looks virtually identical to the true orchid.com webpage, employing the 

same color scheme and photograph of a bridge in the background, not to mention 

the name “Orchid.” This virtual copy is discussed further below. 

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24. Due to this fraud, Orchid has been forced to place the 

followingwarning on its website telling customers it is not currently doing a public 

presale: 

The Accused Domain’s Fraud 

http://sale-orchid.com/ fraudulent “presale”: 

http://www.orchid.com/ warning: 

25. Orchid is not offering any such token sale to the public and Saleorchid.com has no relationship to Orchid. 

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26. GoDaddy.com is the registrar for Sale-Orchid.com and the DNS 

provider. ORCHID notified GoDaddy.com on February 16, 2018 of these 

violations, and GoDaddy.com has replied and stated in writing that they will 

comply with any TRO issued by this Court. See Exhibit A and D (true and correct 

copies of notice letters and GO DADDY’s reply). 

27. On information and belief, the Sale-Orchid.com website is hosted by 

Google. ORCHID likewise notified GOOGLE of the violations, but GOOGLE has 

not taken the content down. 

28. As noted above, the ULTIMATE LICENSEE of Sale-Orchid.com has 

also sent out emails falsely purporting to be from Orchid Labs, Inc. soliciting funds 

for the purchase of tokens. 

29. To facilitate this fraud, the ultimate licensee of the fraudulent website 

has turned its website into a replica of Orchid’s www.orchid.com, as shown in the 

original and fraud site printouts. See Exhibit E and F (true and correct copies of 

screenshots of true orchid.com site and fraud site). The fraud site exploits Orchid’s 

intellectual property to create the illusion that the site is affiliated with or directly 

part of the Orchid network: 

The Fraudulent Domain’s Infringement: 

Orchid.com: 

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Sale-orchid.com: 

Orchid.com: 

Sale-orchid.com: 

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Orchid.com: 

Sale-orchid.com: 

Orchid.com: 

Sale-orchid.com: 

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Orchid.com: 

Sale-Orchid.com: 

FIRST CLAIM FOR RELIEF 

(Cybersquatting claim under the Anti-Cybersquatting Consumer Protection 

Act — 15 U.S.C. § 1125(d) against the registrant of http://Sale-Orchid.com/, 

Domains By Proxy). 

30. Plaintiff realleges and incorporates by this reference each and every 

allegation set forth herein. 

31. Defendants have registered, continued to maintain the registration for 

and used the “sale-orchid.com” domain name with a bad faith intent to profit from 

Plaintiff’s ORCHID mark. 

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32. The “sale-orchid.com” domain name is identical and confusingly 

similar to the Plaintiff’s ORCHID distinctive mark at the time Defendants 

registered, renewed and maintained the registration in the “sale-orchid.com” 

domain name, and remains so today. 

33. The site content is a clone of the Plaintiff’s site, orchid.com, and is a 

counterfeit site engaging in deliberate and willful infringement and cybersquatting. 

34. Defendants’ registration, renewal, continued maintenance of the 

registration for and/or use of the “sale-orchid.com” domain name has caused and 

will continue to cause damage to Plaintiff, in an amount to be proven at trial, and is 

causing irreparable harm to Plaintiff for which there is no adequate remedy at law. 

Plaintiff is also entitled to statutory and treble damages, and is entitled to the 

transfer of the “sale-orchid.com” domain name to Plaintiff. 

35. Plaintiff’s remedies at law are inadequate and it will suffer irreparable 

harm if not granted immediate TRO and preliminary injunctive relief, and 

ultimately a permanent injunction, preventing the further violation of its rights. 

SECOND CLAIM FOR RELIEF 

SECOND Copyright infringement – 15 U.S.C. § 1125 

36. Plaintiffs incorporate by reference all other paragraphs contained in 

this Complaint as if stated herein. 

37. ORCHID owns the copyright in the content and images on its 

orchid.com website and has applied for registration for the website content as a 

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visual work. This copyright has been protected through Orchid’s application for 

copyright registration, under U.S. Copyright Ser. No. 1-6310345361. 

38. Defendants produced, sold, and/or distributed unauthorized 

reproductions of these Copyrighted works in several forms, including a clone site 

and substantially similar variations thereof. 

39. Defendants created a copycat website that advertised a pre-sale of 

Orchid tokens to potential purchasers. Defendants were never authorized to do so. 

40. As a result, Plaintiff has been damaged in an amount to be established 

at trial, and it is entitled to Defendants’ profits from the infringement, including the 

funds stolen from potential purchasers. Plaintiff is further entitled to its attorneys’ 

fees and full costs of this action. 

41. Plaintiff is also entitled to maximum statutory damages as provided by 

the Copyright Act. 

42. Plaintiff’s remedies at law are inadequate and it will suffer irreparable 

harm if not granted immediate TRO and preliminary injunctive relief, and 

ultimately a permanent injunction, preventing the further violation of its rights. 

THIRD CLAIM FOR RELIEF 

Trademark Infringement (Common Law) 

15 U.S.C. § 1125(a), (ORCHID mark) 

43. Plaintiff realleges and incorporates by this reference each and every 

allegation set forth herein. 

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44. Plaintiff is using and has continuously used the ORCHID mark in 

interstate commerce and upon information and belief, was first to use it in 

commerce, before Defendants. The mark is distinctive for the goods and services 

offered by Orchid. Plaintiff’s substantial publicity and extensive use gives it 

market penetration, secondary meaning and priority of rights in the entire United 

States for its services. 

45. Plaintiff has filed an application, Serial No. 87/646,904 to register its 

ORCHID trademark with the United States Patent and Trademark Office, which 

application is currently pending. 

46. Defendants’ use of the mark ORCHID is likely to cause confusion as 

to source or affiliation, and in fact has caused innocent parties to place $66,000 

with sale-orchid.com incorrectly thinking it was associated with Plaintiff. 

Defendants have used and continue to use the “sale-orchid.com” domain name in 

connection with false and misleading descriptions or representations of fact, or 

false designations of origin. Defendants’ activities are likely to cause confusion, to 

cause mistake, or to deceive as to the affiliation, connection or association of 

Defendants with Plaintiff. 

47. Defendants’ actions constitute knowing, deliberate, and willful 

infringement of Plaintiffs’ marks. The knowing and intentional nature of the acts 

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set forth herein renders this an exceptional case under 15 U.S.C. 1117(a) and 

entitles Plaintiff to attorneys’ fees and costs. 

48. Plaintiff is entitled to enhanced damages up to treble, punitive 

damages, and attorneys’ fees because of Defendants’ bad-faith conduct, done with 

malice, oppression and/or fraud. Plaintiff has been damaged by these acts in an 

amount to be proved at trial. 

49. Plaintiff’s remedies at law are inadequate, entitling it to an injunction 

enjoining Defendants’ infringement of the ORCHID mark. 

50. Plaintiff’s remedies at law are inadequate and it will suffer irreparable 

harm if not granted immediate TRO and preliminary injunctive relief, and 

ultimately a permanent injunction, preventing the further violation of its rights. 

FOURTH CLAIM FOR RELIEF 

In rem Cybersquatting claim under the Anti-Cybersquatting Consumer 

Protection Act — 15 U.S.C. § 1125(d)(2) against http://Sale-Orchid.com/

51. Plaintiff realleges and incorporates by this reference each and every 

allegation set forth herein. 

52. Defendants have registered, continued to maintain the registration for 

and/or used the “sale-orchid.com” domain name with a bad faith intent to profit 

from Plaintiff’s ORCHID mark. 

53. The “sale-orchid.com” domain name was identical or confusingly 

similar to the Plaintiff’s ORCHID distinctive mark at the time Defendants 

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registered, renewed and/or maintained the registration in the “sale-orchid.com” 

domain name, and remains so today. 

54. Defendants’ registration, renewal, continued maintenance of the 

registration for and/or use of the “sale-orchid.com” domain name has caused and 

will continue to cause damage to Plaintiff, in an amount to be proved at trial, and is 

causing irreparable harm to Plaintiff for which there is no adequate remedy at law. 

Plaintiff is also entitled to statutory and treble damages, and is also entitled to the 

transfer of the “sale-orchid.com” domain name to Plaintiff. 

55. Plaintiff’s remedies at law are inadequate and it will suffer irreparable 

harm if not granted immediate TRO and preliminary injunctive relief, and 

ultimately a permanent injunction, preventing the further violation of its rights. 

PRAYER FOR RELIEF 

WHEREFORE, ORCHID prays that the Court grant the following relief: 

1. Judgment in favor of ORCHID and against Defendants on all claims; 

2. An order temporarily and permanently enjoining Defendant from 

trademark infringement and dilution, and directing the Registrar to transfer the 

domain name to Plaintiff, disclosing the identity of the Ultimate Licensee and all 

other appropriate injunctive relief to stop Defendants from further infringing and 

cybersquatting; 

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3. Immediate transfer, by whatever means necessary, of the SALEORCHID.COM domain name to ORCHID; 

4. Disgorgement of profits and stolen funds; 

5. Trebling of damages for willfulness and exceptional case; 

6. Recovery of Plaintiff’s attorneys’ fees and costs incurred in this action 

under, among others 15 U.S.C. § 1117(a); 

7. Statutory fees under the Copyright Act; and 

8. Such other, different, and additional relief as the Court deems just and 

proper. 

Dated: February 21, 2018 MINTZ LEVIN COHN FERRIS 

GLOVSKY AND POPEO PC 

By s/ Lyzzette M. Bullock 

Andrew D. Skale* 

Ben L. Wagner* 

Lyzzette M. Bullock 

Attorneys for Plaintiff 

ORCHID LABS, INC. 

*Pro hac vice pending 

Case 2:18-cv-00582-DJH Document 1 Filed 02/21/18 Page 21 of 22
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VERIFICATION 

I, Patrick J. Dietzen, declare as follows: 

1. I am the Vice President of Business Development at SaurikIT, LLC, 

and I am a consultant to Plaintiff Orchid Labs, Inc. 

2. I have reviewed the facts stated in the Complaint and verify that they 

are true and correct based on my personal knowledge, and could and would 

competently testify to the same if called upon to do so. 

3. The Exhibits attached thereto are true and correct copies of what they 

purport to be, including the printout of orchid.com, sale-orchid.com and the ETH 

coin transfer printout and downloaded spreadsheet associated with sale-orchid.com 

from etherscan.io. 

4. I verify under penalty of perjury under the laws of the United States of 

America that the factual statements in the Complaint concerning Orchid Labs, Inc. 

are true and correct, as are the factual statements concerning Plaintiff and its 

activities. 

Executed on February 21, 2018. 

Patrick J. Dietzen 

75826365v.1 

Case 2:18-cv-00582-DJH Document 1 Filed 02/21/18 Page 22 of 22