IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

THE WEATHER UNDERGROUND, INC.,

a Michigan corporation,

Plaintiff,

vs.

NAVIGATION CATALYST SYSTEMS,

INC., a Delaware corporation;

CONNEXUS CORP., a Delaware

corporation; FIRSTLOOK, INC., a

Delaware corporation; and EPIC

MEDIA GROUP, INC., a Delaware

corporation,

Defendants.

Case No. 2:09-CV-10756

Hon. Marianne O. Battani

______________________________________________________________________

Enrico Schaefer (P43506)

Brian A. Hall (P70865)

TRAVERSE LEGAL, PLC

810 Cottageview Drive, Unit G-20

Traverse City, MI 49686

231-932-0411

enrico.schaefer@traverselegal.com

brianhall@traverselegal.com

Lead Attorneys for Plaintiff

Anthony P. Patti (P43729)

HOOPER HATHAWAY, PC

126 South Main Street

Ann Arbor, MI 48104

734-662-4426

apatti@hooperhathaway.com

Attorneys for Plaintiff

Nicholas J. Stasevich (P41896)

Benjamin K. Steffans (P69712)

Bruce L. Sendek (P28095)

BUTZEL LONG, PC

150 West Jefferson, Suite 100

Detroit, MI 48226

(313) 225-7000

stasevich@butzel.com

steffans@butzel.com

sendek@butzel.com

Local Counsel for Defendants

William A. Delgado (admitted pro hac vice)

WILLENKEN WILSON LOH & LIEB LLP

707 Wilshire Boulevard, Suite 3850

Los Angeles, CA 90017

(213) 955-9240

williamdelgado@willenken.com

Lead Counsel for Defendants

______________________________________________________________________

FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL

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FOR ITS FIRST AMENDED COMPLAINT in this matter, Plaintiff, THE

WEATHER UNDERGROUND, INC., by and through its attorneys, TRAVERSE LEGAL,

PLC, states:

I. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff, The Weather Underground, Inc. (hereinafter “Wunderground”), is

a for profit corporation organized and existing under the laws of the State of Michigan,

with its principal place of business located at 300 N. Fifth #240, Ann Arbor, Michigan

48104.

2. Defendant, Navigation Catalyst Systems, Inc. (“NCS”), is a for profit

corporation organized and existing under the laws of the State of Delaware and a

foreign corporation in the State of California with its principal place of business at 2141

Rosecrans Ave., #2020, El Segundo, CA 90245.

3. Defendant, Connexus Corporation (“Connexus”), is a for profit corporation

organized and existing under the laws of the State of Delaware with its principal place of

business at 2141 Rosecrans Ave. #2020, El Segundo, California 90245 and has

merged with Defendant Epic Media Group.

4. Defendant, FirstLook, Inc. (“FirstLook”), is a for profit corporation

organized and existing under the laws of the State of Delaware with its principal place of

business at 2141 Rosecrans Ave. #2020, El Segundo, California 90245. FirstLook is a

wholly owned subsidiary of Connexus, which has merged with Epic Media Group.

5. Defendant, Epic Media Group, Inc. (“Epic Media”), is a for profit

corporation organized and existing under the laws of the State of Delaware with its

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principal place of business at 2141 Rosecrans Avenue, #2020, El Segundo, California

90245 and has merged with Connexus.

6. Defendant NCS is a shell company with no employees, bank accounts or

tangible assets.

7. NCS was incorporated merely to serve as the registrant of domain names

in an effort to take advantage of limited liability protections while not being exposed to a

risk of loss or having sufficient assets to cover potential liability for cybersquatting or

other unlawful acts.

8. Defendants Epic Media and Connexus continue to operate under the Epic

Media and Connexus names.

9. Defendant Epic Media has accepted the liabilities of Defendant FirstLook,

Defendant NCS and Defendant Connexus, or is otherwise subject to liabilities of NCS,

FirstLook and Connexus under law.

10. Defendant NCS, or Defendants’ proxy service, Domain Name Proxy, LLC

(“DNP”), is, or was, listed as the Registrant of the Infringing Domains, infra, which are

the subject of this lawsuit.

11. Connexus, now Epic Media, and FirstLook provided funding, employees,

technology, know-how and other resources that enabled the unlawful acts complained

of in this Complaint.

12. Connexus, now Epic Media, and FirstLook controlled the business plan,

policies and procedures of the unlawful acts complained of in this Complaint.

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13. Connexus, now Epic Media, and FirstLook are a primary financial

beneficiary of the acts complained of in this Complaint.

14. Connexus, now Epic Media, and FirstLook employees, contractors,

officers and/or directors engaged in and are responsible for the unlawful acts

complained of in this Complaint.

15. Each of the Defendants was the agent, servant, employee, partner, alter

ego, subsidiary, or joint venture of each of the other Defendants and NCS, and the acts

of each of Defendants were in the scope of such relationship. Each of the Defendants

acted with the knowledge, permission, and consent of each of the other Defendants and

NCS. Each of the Defendants aided and abetted the other Defendants and NCS in the

acts or omissions alleged in this Complaint.

16. Defendants, in their corporate capacity, as well as their officers, directors,

employees, agents and/or contractors, have acted individually, collectively and as

agents within the scope of their agency for the others concerning the acts complained of

herein.

17. Defendants, in their corporate capacity, as well as their officers, directors,

employees, agents and/or contractors, have acted on behalf of, and for, each other

concerning the acts complained of herein.

18. Defendants are individually and on behalf of each other jointly and

severally liable for the commission of the unlawful acts complained of herein.

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19. This action arises under the Trademark Act of 1946, 15 U.S.C. §§ 1051 et

seq., including without limitation the Anti-cybersquatting Consumer Protection Act

(ACPA), 15 U.S.C. § 1125(d), and the common laws of the State of Michigan.

20. This Court has subject matter jurisdiction over Plaintiff’s claims pursuant to

28 U.S.C. §§ 1331, 1338(a) and (b) as well as 15 U.S.C. §§ 1121 and 1125(d).

21. This court has supplemental jurisdiction over the claims in this Complaint

that arise under the common laws in the State of Michigan pursuant to 28 U.S.C. §

1367(a), because the state law claims are so related to the federal claims that they form

part of the same case or controversy and derive from a common nucleus of operative

facts.

22. This Court has personal jurisdiction over Defendant NCS, Defendant Epic

Media, Defendant FirstLook, and Defendant Connexus (collectively “Defendants”)

because Defendants have: (a) committed intentional and tortious acts within this

State; (b) conducted substantial business within this State related to the unlawful

activity at issue in this Complaint; and (c) otherwise have availed themselves of this

forum. The harm suffered by Plaintiff is a result of the business conducted by these

Defendants within this district.

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

Defendants conduct substantial business within this judicial district related to the

unlawful activity at issue in this Complaint, (b) because a substantial part of the

events or omissions giving rise to the claim occurred in this judicial district, including,

but not limited to, registering, using, trafficking, monetizing and using/parking the

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infringing domain names within this judicial district, and (c) for the reasons stated by this

Court related to various motions filed by the parties.

II. PLAINTIFF’S BUSINESS AND USE OF THE INTERNET

24. Plaintiff Wunderground has been providing real-time online weather

information via the Internet as a commercial entity since 1995. Prior to that, the menubased telnet interface program that displayed real-time weather information via the

Internet had originated at the University of Michigan. It was later developed for use on

numerous operating platforms and evolved to a user-friendly web interface.

25. Wunderground was one of the first organizations to provide users with an

online weather service. Wunderground pioneered the offering of real-time weather

conditions with such features as severe weather warnings and advisories, international

conditions, marine weather, and detailed local forecasts. Internet users can find

weather for any city, state, zip code, airport code, or country. Users can also customize

the web site by selecting a language, a time zone, units (metric or English), and site

appearance (e.g. show favorites, photos, promos). Moreover, users can listen to local

weather radio stations, track radar, and even customize and print a Forecast Flyer.

26. Wunderground provides Internet users with access to various blogs, such

as Climate Change Blog, Tropical Weather Discussion, and Forecast Competition,

wherein the users post, share, and comment on weather related information and

discussions with other users from around the world. See Exhibit A, Wunderground’s

Blog Directory.

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27. Internet users can become members to the web site, and as a result, have

access to enhanced features of the web site. Moreover, users may opt to pay for a one

year membership giving them longer radar animations, ad-free weather, universal

favorites, and U.S. forecasts and alerts through email (known as “no ads members”).

Wunderground has over 80,000 no ads members.

28. Wunderground has developed the world’s largest network of personal

weather stations (i.e. weather information provided by individuals and other entities from

their exact location from around the globe) to provide users with the most localized

weather conditions. Wunderground displays weather information provided by over

40,000 personal weather stations.

29. Wunderground makes its services available through mobile devices, such

as T-Mobile and the Apple iPhone cell phones.

30. Wunderground made its web site multilingual in 1998. In fact, the

<wunderground.com> domain has now added language identifiers, e.g.

<swedish.wunderground.com>, with the corresponding language available at said web

site.

31. Wunderground has offered its services via its official web sites,

www.wunderground.com, www.weatherunderground.com, and www.wund.com, since

1995, 1998, and 2001 respectively. See Exhibit B, Printout of <wunderground.com>.

32. Wunderground’s official web site, located at <wunderground.com>,

attracts approximately 14 million global visitors each month. 11 million of these visitors

are from the United States alone. As a result, wunderground.com ranks within or near

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the top 100 amongst all United States web sites, per quantcast.com. See Exhibit C,

Quantcast.com Results for <wunderground.com>.

33. Hundreds of thousands of Internet users utilize Wunderground’s weather

services at its web sites each day.

34. Numerous organizations utilize Wunderground’s technologies, hardware,

and software to power their products and services, including, but not limited to, the

Chicago Tribune, State Farm Insurance, Associated Press, and the Mayo Clinic.

35. While many of the weather related offerings at Wunderground’s web site

are free, Wunderground generates revenue from its web site via advertising. Such

major organizations as eBay, H&R Block, VacationsToGo.com, and Classmates.com

advertise on Wunderground’s web sites.

36. Wunderground also places millions of advertisements on third party web

sites by providing an application that displays Wunderground’s logo and name along

with the local temperature. See, e.g., Exhibit D, Printout of Display on Third Party Web

Site. An Internet user can click on the display, which Wunderground refers to as a

WEATHER STICKER®, in order to be redirected to Wunderground’s website where

more detailed weather information is provided to the Internet user. See Exhibit E,

Printout of Wunderground’s Web Site after User Clicked the Display.

37. Wunderground is the registrant of a portfolio of domain names that

includes over 125 domain names, the majority of which incorporate its trademarks and

service marks. See Exhibit F, List of Domains Owned by Wunderground.

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38. The Internet has become an indispensable tool through which Plaintiff

communicates, markets, and services its customers.

III. PLAINTIFF’S TRADEMARKS AND SERVICE MARKS

39. Wunderground is the owner of all rights, common law or otherwise, in and

to the mark THE WEATHER UNDERGROUND. Wunderground owns the following

service mark registered on the Principal Register of the United States Patent and

Trademark Office (USPTO).

a. THE WEATHER UNDERGROUND

i. Reg. No. 2,297,683

ii. Registration Date: December 7, 1999

iii. Providing weather information via a global computer network

See Exhibit G a true copy of U.S. Reg. No. 2,297,683. The USPTO acknowledged the

incontestability of U.S. Reg. No. 2,297,683 pursuant to 15 U.S.C. § 1065 on April 1,

2005. See Exhibit H, a true copy of Section 8 Acceptance and Section 15

Acknowledgement for U.S. Reg. No. 2,297,683. Furthermore, the USPTO accepted the

declaration of continued use and renewal on December 20, 2008. See Exhibit I, a true

copy of Acceptance of Section 8 Declaration and Section 9 Renewal.

40. Wunderground is the owner of all rights, common law or otherwise, in and

to the mark WUNDERGROUND. Wunderground owns the following service mark

registered on the Principal Register of the United States Patent and Trademark Office

(USPTO).

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a. WUNDERGROUND.COM

i. Reg. No. 2,324,272

ii. Registration Date: February 29, 2000

iii. Computer services, namely providing on-line information services in

the field of weather.

See Exhibit J a true copy of U.S. Reg. No. 2,324,272. The USPTO acknowledged the

incontestability of U.S. Reg. No. 2,324,272 pursuant to 15 U.S.C. § 1065 on July 26,

2005. See Exhibit K, a true copy of Section 8 Acceptance and Section 15

Acknowledgement for U.S. Reg. No. 2,324,272. Furthermore, the USPTO accepted the

declaration of continued use and renewal on June 6, 2009. See Exhibit L, a true copy

of Acceptance of Section 8 Declaration and Section 9 Renewal.

41. Wunderground’s registration and continued use in interstate commerce of

the THE WEATHER UNDERGROUND and WUNDERGROUND.COM distinctive marks,

since as early as 1995, have enabled those marks to become well-known and famous.

42. Wunderground is the owner of all rights, common law or otherwise, in and

to the mark WUNDERSEARCH. Wunderground owns the following service mark

registered on the Principal Register of the United States Patent and Trademark Office

(USPTO).

a. WUNDERSEARCH

i. Reg. No. 2,447,954

ii. Registration Date: May 1, 2001

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iii. Computer services, namely, creating indexes of information, sites,

and other references available on computer networks; searching

and retrieving information, sites and other resources available on

computer networks for others; providing an on-line link to news,

weather, sports, current events, and reference materials

See Exhibit M, a true copy of U.S. Reg. No. 2,447,954. The USPTO acknowledged the

incontestability of U.S. Reg. No. 2,447,954 pursuant to 15 U.S.C. § 1065 on March 19,

2007. See Exhibit N, a true copy of Section 8 Acceptance and Section 15

Acknowledgement for U.S. Reg. No. 2,447,954.

43. Wunderground is the owner of all rights, common law or otherwise, in and

to the mark WUNDERMAP. Wunderground owns the following service mark registered

on the Principal Register of the United States Patent and Trademark Office (USPTO).

a. WUNDERMAP

i. Reg. No. 3,527,030

ii. Registration Date: November 4, 2008

iii. Providing a web site and web site links to geographic information in

the nature of geospatial maps: Computer services, namely,

providing on-line information services in the field of weather and

geospatial weather maps; providing location-specific weather data

and geospatial weather maps via a global computer network; online computer generated cartography

See Exhibit O a true copy of U.S. Reg. No. 3,527,030.

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44. Wunderground is the owner of all rights, common law or otherwise, in and

to the mark WUNDERRADIO. Wunderground owns the following service mark

registered on the Principal Register of the United States Patent and Trademark Office

(USPTO).

a. WUNDERRADIO

i. Reg. No. 3,647,301

ii. Registration Date: June 30, 2009

iii. Downloadable computer software used for playing radio or audio

streams on a mobile device or cell phone

See Exhibit P, a true copy of U.S. Reg. No. 3,647,301.

45. Wunderground is the owner of all rights, common law or otherwise, in and

to the mark WUNDERPHOTOS. Wunderground owns the following service mark

registered on the Principal Register of the United States Patent and Trademark Office

(USPTO).

a. WUNDERPHOTOS

i. Reg. No. 3,739,351

ii. Registration Date: January 19, 2010

iii. Providing a web site that gives multiple computer users

simultaneously the ability to upload, share, rate, review and

exchange digital photos relating to the earth sciences, weather and

natural phenomena

See Exhibit Q, a true copy of U.S. Reg. No. 3,739,351.

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46. Wunderground is the owner of all rights, common law or otherwise, in and

to the mark WUNDERBLOG. Wunderground owns the following service mark

registered on the Principal Register of the United States Patent and Trademark Office

(USPTO).

a. WUNDERBLOG

i. Reg. No. 3,742,092

ii. Registration Date: January 26, 2010

iii. On-line journals, namely blogs featuring information about weather

See Exhibit R, a true copy of U.S. Reg. No. 3,742,092.

47. Wunderground is also the owner of all rights, common law or otherwise, in

and to the mark WUNDER in connection with its services.

48. Through its efforts, Wunderground has also established tremendous value

and goodwill associated with its family of marks, all of which include the distinctive,

common element of WUNDER. As a result, Wunderground’s family of marks

(hereinafter “WUNDER Family of Marks”) have reached a high degree of consumer

recognition.

49. Wunderground’s registered trademarks, common law trademarks, trade

names, service marks, family of marks, and variants are collectively referred to as the

“Wunderground Marks”.

50. The Wunderground Marks are distinctive and were distinctive in the

marketplace at the time of all acts alleged herein and, as such, designate a source of

origin attributable to Plaintiff.

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51. The Wunderground Marks were and continue to be used in interstate

commerce and are widely known and recognized among the general consuming public.

52. As a result of Wunderground’s substantial investment, the Wunderground

Marks have developed a reputation for excellence and extensive goodwill in the market.

As such, the Wunderground Marks are extremely valuable to Plaintiff as the true

indicator of source for its offerings and services.

53. Wunderground has received press, unsolicited or otherwise, from such

major publications as Forbes, People Magazine, Wired, the Wall Street Journal, USA

Today, and the New York Times.

IV. DEFENDANTS’ BUSINESSES

54. "Direct Navigation" describes the method of typing a domain name or URL

directly into the browser address bar in order to arrive at a specific website as opposed

to using a search engine to find a domain or web site. Direct navigation generates what

is known as "type-in traffic" related to internet-users who (a) remember the domain

name of a known company or web site and type it directly into the browser address bar,

(b) mistakenly enter words or a company name into the browser address bar instead of

a search engine because they do not know any better or (c) use the browser address

bar as a search tool on purpose.

55. DNS error data is data related to a user of the Internet who attempts direct

navigation and, because of a typo or other error related to the domain name, does not

return a registered domain. DNS error data shows domain names that have not been

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registered but which receive traffic. DNS error data can be purchased and obtained

from various sources.

56. “Domain Parking” refers to the registration of an internet domain name

without that domain being associated with any established business or services.

"Parked Domains” or “Parked Pages” typically do not show up in any search engine

results. Instead, Parked Domains rely on direct navigation traffic. Parked Domains

resolve to a web page containing hyperlinks which, often unbeknownst to the web site

visitor, link to advertiser web sites. In many instances, the advertisers themselves are

unaware that their advertisements, typically placed through Google’s Adword program

or Yahoo’s Overture program, are being displayed on Parked Domains with no real

content beyond the advertisements themselves.

57. “Typosquatting”1, also called URL hijacking, is a form of cybersquatting

which relies on mistakes such as typographical errors made by Internet users when

inputting a trademark protected website address into a web browser. “Qwerty Typos”

(users accidentally hitting letters adjacent to the correct key-stroke on the qwerty-style

keyboard), “Letter Swaps” (users typing the domain name in the wrong letter-order) and

“Sticky Keys” (users accidently hitting a letter twice or missing it all together) all

generate traffic on high traffic trademark protected domain names. Typo-variants of

famous trademarks identified through DNS error data are registered, trafficked in and

1 See Wikipedia, http://en.wikipedia.org/wiki/Typosquatting (“Typosquatting, also called

URL hijacking, is a form of cybersquatting which relies on mistakes such as

typographical errors made by Internet users when inputting a website address into a

web browser. Should a user accidentally enter an incorrect website address, they may

be led to an alternative website owned by a cybersquatter.”).

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used for advertising revenue and profits. Because of the traffic generated by those web

sites and the fact that a certain percentage of people directly navigating to the

trademark protected web site will accidentally misspell or mis-type the domain name

into the address bar, typosquatted domains can generate significant pay-per-click (PPC)

revenue, especially when registered, trafficked and used en masse with automated

software.

58. Predicting typographical errors by Internet users and collecting/analyzing

DNS error data is part of the typosquatting strategy, with logic built into domain

identification, registration and advertising software for profit.

59. “Domain Tasting” is the practice using the five-day "grace period" (the

“Add Grace Period” or “AGP”) to test the marketability of the domain. A registrant

utilizes to the AGP and then elects to either keep the domain and pay the registration

fee or return it to the registry and pay no or a limited fee. The AGP was originally

instituted by the Internet’s governing body ICANN (International Corporation for

Assigned Names and Numbers) to allow users to obtain a refund if they mistakenly

register the wrong domain. Companies such as these Defendants determined a way to

use the AGP to mass register, traffic and use domains and ‘taste’ them for traffic during

the AGP, returning those domains for a full refund which they predict will not derive

enough income from PPC advertisements on Parked Pages. Some companies such as

these Defendants further abused the AGP by repeatedly registering, trafficking in and

using domains during the registration period in order to avoid registration fees while

they determine profitability of a particular domain. Domain Tasting has been a

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controversial practice that recently resulted in policy changes by ICANN in order to

reduce or eliminate mass Domain Tasting by companies with Parking Page business

models.

60. The software which generates the Parked Page and formerly pulled in

Yahoo Overture and other advertisements is designed to predict the interests of the

visitor and, in many instances, shows advertisements in violation of third party

trademark rights (i.e. qwunderground.com [note typo] serving up advertisements for

weather web sites and competitors of Wunderground and its wunderground.com web

site). See, e.g., Exhibit S, Printout of <qwunderground.com>. The typo-domain

Registrant is paid based on how many links have been clicked on the Parked Page, and

as such receives PPC revenue.

61. Defendants registered, used and trafficked typo-domains such as the

Infringing Domains, infra, which are the subject of this lawsuit and as more fully detailed

below.

62. Defendants have created and utilize software for registering, trafficking in

and using typo-domains that target domain names with a high amount of traffic, many of

which with actual or constructive knowledge will be, and in fact are, trademark

protected.

63. DNP is a proxy service to hold the registrations NCS in an effort to

obscure the identity of NCS as the actual registrant of many of the domain names

making it more difficult for trademark holders to identify NCS as the actual registrant of

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Infringing Domains and more difficult to pursue remedies for trademark infringement

against NCS for infringement of those domains.

64. Defendants have devised a system using automated software by which

high traffic web sites, which are often trademark protected, are identified and

typographical variations of the domains are registered, renewed, optimized, offered for

sale parked for PPC monetization.

65. Defendants’ business model is, in part, to monetize traffic of trademarkprotected domains. If a trademark holder complains, sends a threat letter, or files a

UDRP complaint or lawsuit, Defendants turn over the infringing domains(s) after

enjoying PPC revenue in the interim.

66. Defendants understand that most trademark holders are unaware that

typo variations of their domains are being registered and monetized for profit, thereby

allowing Defendants to profit from infringement and cybersquatting largely without

detection.

67. NCS, FirstLook, Connexus, and Epic Media are under common ownership

and control.

V. DEFENDANTS’ UNLAWFUL ACTIONS

a. Registration, Trafficking and Use of Infringing Domain Names

68. Defendants registered, trafficked in and used 264 domain names which

are typographical or other derivations of Plaintiff’s trademarks (collectively referred to as

“Infringing Domains”), listed in Exhibit T and Exhibit U and other domains yet to be

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identified. Wunderground never authorized Defendants to register, traffic in or use the

Infringing Domains or otherwise register or use its marks in any way.

69. The Infringing Domains are misspellings, inversions, typos or otherwise

confusingly similar to the Wunderground Marks.

70. Defendants used the Infringing Domains to redirect to web sites that

consisted of either contextual pay-per-click parking pages or paid search engine listings.

See, e.g., Exhibit S, Printout of <qwunderground.com>; Exhibit V, Printout of

<udergroundweather.com>.

71. Many of the web sites on the infringing domains redirect or show

advertisements to Plaintiff’s competitors, including WeatherBug, Top-Weather.net,

ALOT Weather, DTN Meteorlogix, and others. See Exhibit V, Printout of Links from

<udergroundweather.com>.

72. Upon information and belief, the earliest registration,

<udergroundweather.com>, was on or near July 7, 2004. This is approximately nine

years after Wunderground had registered and used <wunderground.com>,

approximately ten years after Wunderground had registered and used

<weatherunderground.com>, over four years after Wunderground received its

Certificate of Registration from the USPTO for WUNDERGROUND.COM, and over nine

years after Wunderground received its Certificate of Registration from the USPTO for

THE WEATHER UNDERGROUND.

73. Defendants registered, trafficked in and used some of the Infringing

Domains that are the subject of this lawsuit during the ICANN Add Grace Period

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(“AGP”). In doing so, Defendants used process, technology and/or software developed

Defendants to ‘taste’ the typo-traffic on those domains during the AGP to ensure

adequate direct navigation traffic and revenue. Defendants then kept the typo-domains

which have adequate direct navigation traffic and monetized those domains using

Parking Page software, process and technology conceived, designed, developed and

maintained through their collaborative efforts.

74. On or about August 18, 2008, Plaintiff filed a Complaint against NCS with

the National Arbitration Forum in accordance with ICANN’s Uniform Domain Name

Dispute Resolution Policy regarding domains of which Plaintiff was then aware.

75. The UDRP Complaint named 41 domain names which Plaintiff was aware

of at that time, including <qwunderground.com>, <swunderground.com>,

<wundertground.com>, <wunederground.com>, <wunnderground.com>,

<winderground.com>, <wumderground.com>, <wundeerground.com>,

<wunderfround.com>, <wundergtound.com>, <wundergroundr.com>,

<udergroundweather.com>, <undegroundweather.com>, <undergoundweather.com>,

<undergroudweather.com>, <undergroundwaether.com>,

<undergroundwweather.com>, <undergrounweather.com>, <watherunderground.com>,

<weaherunderground.com>, <weahterunderground.com>,

<weartherunderground.com>, <weatehrunderground.com>,

<weatgerunderground.com>, <weathernuderground.com>,

<weatherunbderground.com>, <weatherundergound.net>, <weatherundergriund.com>,

<weatherundergrouind.com>, <weatherundergroumd.com>,

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<weatherundergrounf.com>, <weatherunderround.com>, <weatherundergrpound.com>,

<weatherundewrground.com>, <weatherundreground.com>,

<weathrunderground.com>, <weatherunferground.com>, <wewatherunderground.com>,

<wetaherunderground.com>, <wweatherunderground.com>, and <wwwund.com>.

76. On October 13, 2008, the Panel, composed of The Honorable Charles K.

McCotter, Jr. (Ret.), ordered that all domain names be transferred to Plaintiff.2

77. Thereafter, the above then known 41 domains were transferred to Plaintiff.

78. Defendants attempted to conceal the existence of other Infringing

Domains, including during discovery in this lawsuit.

79. Plaintiff has since become aware of the other infringing Domains as set

forth in Exhibits T and U.

b. Continued Mass Cybersquatting Evidences Defendants’ Unlawful

Business Model and Bad Faith Intent to Profit

80. Defendants committed, and continue to commit, the unlawful acts cited

herein intentionally in bad faith as part of their usual way of conducting business.

81. As noted above, Defendants utilize software and a process to register the

domain names with sufficient direct navigation traffic to generate a positive Return on

Investment (“ROI”). Defendants have been and remain aware that their domain

registration strategy, software and process will register and monetize typographical

variations of trademark protected domain names such as the Infringing Domains listed

herein, as well as many other famous brands. Defendants former and current

2 Opinion available at http://domains.adrforum.com/domains/decisions/1221002.htm.

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registration, trafficking and use of other typo-domains which violate third party

trademarks is easily identified by searching for typo-variations high-traffic web sites on

the Internet. A representative sampling of infringing domains includes, but is not limited

to, the following typo-domains which are or have been registered, trafficked or used by

Defendants:

a. Wikipedua.org, Wikiperdia.com, Ikipedia.com, Wikipedika.com,

Wikipwdia.com, Wikioedia.com, Wikipegia.org, Wikiepidia.org,

Wikipediao.org, Wikipededia.org, Wikepiedia.org, Wikipeid.org,

Winkepedia.org, Wikipedida.org, Wikpipedia.org, Wikipipedia.org,

Wikiepadia.org, Wickapedia.org, Wickipedia.org, Wikipediea.org,

Winkipedia.org, Wikiredia.org, Wikipedig.org, Wikidedia.org,

Wikipedin.org, Kipedia.org, Wixipedia.org, Wkikpedia.org,

Wiwkipedia.org, Wicpedia.org, Wikiedpedia.org, Mikipedia.org,

Whikipedia.org, Wikipedira.org, Wikikipedia.org, Wikipekia.org,

Wikiwedia.org, Wickopedia.org, Wikitedia.org, Wikwpedia.org,

Winipedia.org infringing the USPTO trademark registration for

WIKIPEDIA (Reg. No. 3,040,722);

b. Facebooko.com, Facevbook.com, Favebook.com and Facebhook.com,

Faceooik.com, Faceoo.com, Acebok.com, Facobook.com,

Facabook.com, Facebrook.com, Pacebok.com, Facebob.com,

Faebookc.com, Facenoo.com, Acebbok.com, Fabebook.com,

Facedook.com, Faceomk.com, Facevok.com, Facebbo.com,

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Acebookf.com, Facebppok.com, Faceboon.com, Fsceboo.com,

Faveboo.com, coacebook.com, facook.com, Faceblock.com,

Tracebook.com, Faeook.com, Facebooth.com, Hacebook.com,

Faceboolc.com, Facenok.com, Faceokk.com, Afebook.com,

Faceboow.com infringing the USPTO trademark for FACEBOOK (Reg.

No. 3,122,052);

c. Myspacer.org, Myspace3.com, Myspce.org, Myspqce.com,

Myspacxe.com, M6yspace.com, Wwwlmyspace.com, Myspzce.com,

Myspacwe.com, Myspdace.com, Mdyspace.com, Miyspase.com

Mzyspace.com, Mysppae.com, Myesspace.com, Mwyspace.com,

Hmyspace.com, My-spase.com, Myapce.com, Myfpace.com,

Mymyspace.com, Myspae.com, Mysapoce.com, Myscace.com,

Myscapce.com, Myscpae.com, Myspacwe.com, Myspaece.com,

Myspces.com, Myspecae.com, Myspece.com, Myspve.com,

Yspacec.com, Mspsace.com, Mypacw.com, Msapace.com,

Ysace.com, Myspease.com, Ysoace.com, Mybpace.com,

Mydpsace.com, Mysdapce.com, Myspic.com, Mysoapce.com,

Mayspce.com, Myaspase.com, Myospace.com, Myspppace.com,

Myspacle.com, Mypapce.com, 3myspace.com, Chmyspace.com,

Mysoac.com, Mymace.com, Myspacev.com, 0yspace.com,

Myspcaace.com, Myspacn.com, Mcpace.com, Mysspase.com,

Myspakce.com, Nnyspace.com, mayapace.com, Myspasee.com,

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Mysach.com, Mysacee.com, Mysaoace.com, Msoace.com,

Myaace.com, Djmyspace.com, Myyyspace.com, Myspasc.com,

Mysoacce.com, Ydpace.com, Mdpace.com, Gmyspace.com infringing

the USPTO trademark for MYSPACE (Reg. No. 2,911,041);

d. Eszpn.com, esxpn.com, espb.org infringing the USPTO trademark

registration for ESPN (Reg. No. 1,345,096);

e. Oerkut.com, 9orkut.com infringing the USPTO trademark registration

for ORKUT (Reg. No. 2,970,421);

f. Flikckr.com, Glickr.net infringing the USPTO trademark registration for

FLICKR (Reg. No. 3455275);

g. Mi9ninova.org, Mininovs.org, Mimninova.org, Minionova.org,

Mninova.net, Mininiva.org, Mioninova.org, Mioninova.com,

Mininovca.org, Mininopva.com, Mininnova.com infringing the USPTO

trademark for MININOVA (Reg. No. 3,491,970);

h. Beob.org, Bebho.com, Bewbo.com, Bnebo.com, Bgebo.com,

Gbebo.com, Bebpo.com, Bebno.com infringing the USPTO trademark

for BEBO (Reg. No. 3,138,515);

i. Yourube.com, Y6outube.com, Youtubge.com, Youtune.net,

Youthbe.com, Tyoutube.com, Yo0tube.com, Outude.com,

Youtble.com, Yoretube.com, Youtb8.com, Youtunb.com, Youtne.com,

Pountube.com, Yopube.com, Yuturbe.com, Oiutube.com,

Youbutube.com, Yopuitube.com, Youtuc.com, Youubw.com,

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Youtae.com, Youune.com, Youtude.com, Yurtube.com, Yourtub.com,

Yayoutube.com, Youstube.com, Youbue.com, Youtubeg.com,

Yoetub.com, Youtube6.com, Myoutube.com, Outbube.com,

Yourlube.com, Yourtue.com, Youttuve.com, yutub8.com,

Yoyurube.com, Youyuobe.com, Youubt.com, Bountube.com,

Yououb.com, Iyo-tube.com, Outubw.com infringing the USPTO

trademark for YOUTUBE (Reg. No. 3,525,802);

j. Neftflix.com infringing the USPTO trademark for NETFLIX (Reg. No.

2,552,950); and

k. Huffinftonpost.com, Huffingztonpost.com, Huffingtonspost.com,

Ffingtonpost.com, Huggingtonpost.com, Haffingtonpost.com,

Huffintongpost.com infringing the USPTO trademark for THE

HUFFINGTON POST (Reg. No. 3,095,331).

82. NCS, as the named registrant of the domain names, has been sued in

federal court by distinctive and/or famous trademark holders for its typosquatting and

cybersquatting activities in violation of federal trademark law under the Lanham Act.

These lawsuits include:

a. Mesa Garage Doors v. Navigation Catalyst Systems Inc. et al. Case

No. 8:2009cv00053 (CA Central Jan. 13, 2009);

b. Verizon California Inc. et al v. Navigation Catalyst Systems, Inc. et al.

Case No. 2:2008cv02463 (CA Central Apr. 15, 2008);

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c. Rodman & Renshaw, LLC v. Navigation Catalyst Systems, Inc. Case

No. 2:2008cv01081 (CA Central Feb. 15, 2008);

d. Kaplan, Inc. v. Navigation Catalyst Systems, Inc. Case No.

2:2008cv00439 (CA Central Jan. 24, 2008);

e. Station Casinos, Inc. v. Navigation Catalyst Systems, Inc. Case No.

2:2006cv01401 (NV Nov. 2, 2006);

f. Virgin Enterprises Limited v. Navigation Catalyst Systems, Inc. et al.

Case No. 1:2006cv03651 (NY Southern May 12, 2006);

g. Wynn Resorts Holdings, LLC v. Navigation Catalyst Systems, Inc.

Case No. 2:2005cv00924 (NV Aug. 1, 2005);

h. Wachovia Corporation v. Navigation Catalyst Systems Inc. Case No.

2:2004cv10087 (CA Central Dec. 10, 2004); and

i. Federated Western Properties Inc. et al v. Navigation Catalyst

Systems Inc. et al. Case No. 8:2004cv01171 (CA Central Oct. 6,

2004). Verizon, Kaplan, Virgin, Wachovia, Wynn Resorts, and

Federated Western.

83. Any efforts Defendants make to avoid typo-squatting is disingenuous and

half-hearted at best, done only to distract from their unlawful business model which

targets high traffic, and thus often trademark protected, domain names and

typographical errors made by consumers attempting to access the legitimate domain

names corresponding to the respective underlying entity.

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84. Any use of human screeners that manually “blacklist” or remove

trademark protected domains is insufficient to immunize, shield, or otherwise exonerate

Defendants from liability in connection with the registration and use of infringing

domains.

85. Defendants claimed “policy” of voluntarily transferring disputed domain

names after being notified of a dispute or adverse claim is insufficient to immunize,

shield, or otherwise exonerate Defendants from liability in connection with the unlawful

business model.3

86. NCS, as the named registrant of the domains, was set up to hold no

assets and thus remain uncollectible in litigation.

87. Defendants Connexus/Epic Media and FirstLook created DNP in order to

shield the public WHOIS data which would otherwise show NCS as the registrant of

domains infringing third party trademarks.

COUNT I

DIRECT & CONTRIBUTORY CYBERSQUATTING UNDER THE ANTICYBERSQUATTING CONSUMER PROTECTION ACT – 15 U.S.C. § 1125(d)

88. Plaintiff, Wunderground, restates and incorporates paragraphs 1-87 above

as though fully restated herein.

89. Defendants directly and/or contributory registered, trafficked in and/or

used the Infringing Domains.

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90. The Wunderground Marks were distinctive and either federally registered

with the USPTO or existing under common law, at the time Defendants registered

and/or used the Infringing Domains.

91. The Wunderground marks were famous at the time of Defendants

registration, use and trafficking of the Infringing Domains and protected under 15 U.S.C.

§ 1125(c).

92. The Infringing Domains are identical or confusingly similar to the

Wunderground Marks.

93. Defendants’ registration, use and/or trafficking in the Infringing Domain

Names with bad faith intent to profit from Wunderground’s goodwill in the

Wunderground Marks.

94. Defendants’ domain name registrations utilize, in bad faith, qwerty typos

and sticky keys, captured in part via DNS error data, to capitalize off of the errors or

shortcomings of Internet users seeking the legitimate domain name that incorporates an

entity’s trademark protected goods/services.

95. Defendants have registered and/or acquired multiple domain names which

it knows, or has the ability to know absent its willful blindness, are identical or

confusingly similar to the marks of others that are distinctive at the time of registration of

such domain names without regard to the goods or services of the parties.

3

To find otherwise would be equivalent to not punishing or penalizing someone for

stealing a car because, upon being caught, that someone offered to return the car to its

lawful owner.

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96. Defendants have used multiple domain names which they know, or have

the ability to know absent their willful blindness, are identical or confusingly similar to

the marks of others that are distinctive at the time of registration of such domain names

without regard to the goods or services of the parties.

97. Defendants have registered and/or acquired multiple domain names which

Defendant knows, or has the ability to know absent its willful blindness, are identical or

confusingly similar to the marks of others that are dilutive of famous marks of others that

are famous at the time of registration of such domain names without regard to the

goods or services of the parties.

98. Defendants have used multiple domain names which Defendant knows, or

has the ability to know absent its willful blindness, are identical or confusingly similar to

the marks of others that are dilutive of famous marks of others that are famous at the

time of registration of such domain names without regard to the goods or services of the

parties.

99. Defendants have registered and/or used thousands of domain names that

are identical, or confusingly similar, to distinctive and/or famous trademarks and service

marks owned by unrelated third parties.

100. Defendants do not have any intellectual property rights or any other rights

in the Wunderground Marks or in the Infringing Domains.

101. None of the Infringing Domains consists of the legal name of any of the

Defendants, or a name that is otherwise commonly used to identify the Defendants.

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102. Defendants have not made any prior use of the Infringing Domains in

connection with a bona fide offering of any goods or services.

103. Defendants’ use of Infringing Domains was and is in federally regulated

commerce, consistent with the definition set forth in 15 U.S.C. § 1127.

104. Defendants registered, trafficked in and/or used the Infringing Domains to

divert consumers from Plaintiff’s web sites to a web site accessible at the Infringing

Domains for Defendants’ commercial gain by creating a likelihood of confusion as to the

source, sponsorship, affiliation, or endorsement of the web site.

105. Defendants registered and/or used Infringing Domains that Defendants

knew or should have known were dilutive of famous marks owned by Plaintiff.

106. Defendants have registered, trafficked in and/or used multiple domain

names that Defendant knew through actual or constructive knowledge were distinctive

of marks of others and/or dilutive of famous marks of others when the domain names

were registered.

107. Defendants’ registration, use, or trafficking in the Infringing Domains

constitutes cybersquatting in violation of 15 U.S.C. § 1125(d), entitling Plaintiff to relief.

108. By reason of Defendants’ acts alleged herein, Plaintiff’s remedy at law is

not adequate to compensate it for the injuries inflicted by Defendants.

109. By reason of Defendants’ acts alleged herein, Plaintiff is entitled to recover

Defendants’ profits, actual damages and the costs of the action, or statutory damages

under 15 U.S.C. § 1117, on election by Plaintiff, in an amount of one hundred thousand

dollars ($100,000) for each domain name found to constitute cybersquatting.

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110. This is an exceptional case making Plaintiff eligible for an award of

attorneys’ fees under 15 U.S.C. § 1117.

COUNT II

DIRECT & CONTRIBUTORY TRADEMARK INFRINGEMENT UNDER THE

LANHAM ACT – 15 U.S.C. § 1114(1)

111. Plaintiff, Wunderground, restates and incorporates paragraphs 1-110

above as though fully restated herein.

112. Defendants’ direct and/or contributory use in commerce of the

Wunderground Marks is likely to cause confusion, initial or otherwise, mistake and/or to

deceive.

113. Defendants’ direct and/or contributory use in commerce of the Infringing

Domains is likely to cause confusion, initial or otherwise, mistake, and/or to deceive.

114. Defendants’ direct and/or contributory use in commerce of the web sites

and advertisements displayed at the Infringing Domains is likely to cause confusion,

initial or otherwise, mistake, and/or to deceive.

115. Defendants’ direct and/or contributory acts constitute trademark

infringement in violation of 15 U.S.C. § 1114(1), entitling Plaintiff to relief.

116. Defendants have unfairly profited from the infringing actions alleged.

117. By reason of Defendants’ direct and/or contributory acts, Plaintiff has

suffered damage to the goodwill associated with the Wunderground Marks.

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118. By reason of Defendants’ direct and/or contributory acts alleged herein,

Plaintiff’s remedy at law is not adequate to compensate them for the injuries inflicted by

Defendants

119. By reason of Defendants’ direct and/or contributory willful acts, Plaintiff is

entitled to damages, including but not limited to any and all damages available under 15

U.S.C. § 1117.

120. This is an exceptional case making Plaintiff eligible for an award of

attorneys’ fees under 15 U.S.C. § 1117.

COUNT III

DIRECT & CONTRIBUTORY FALSE DESIGNATION OF ORIGIN UNDER THE

LANHAM ACT – 15 U.S.C. § 1125(a)

121. Plaintiff, Wunderground, restates and incorporates paragraphs 1-120

above as though fully restated herein.

122. Defendants’ direct and/or contributory use in commerce of the

Wunderground Marks is likely to cause confusion, mistake and to deceive the relevant

public by suggesting the Infringing Domains and the web sites and advertisements

displayed at the Infringing Domains are authorized, sponsored, approved by or are

affiliated with Plaintiff.

123. Defendants’ direct and/or contributory use of the Wunderground Marks is

likely to cause confusion among the general public.

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124. The above-described direct and/or contributory acts of Defendants

constitutes trademark infringement of the Wunderground Marks and false designation of

origin in violation of 15 U.S.C. § 1125(a), entitling Plaintiffs to relief.

125. Defendants have unfairly profited from the actions alleged.

126. By reason of Defendants’ direct and/or contributory acts alleged herein,

Plaintiff has suffered monetary damage and damage to the goodwill associated with the

Wunderground Marks.

127. By reason of Defendants’ direct and/or contributory acts alleged herein,

Plaintiff’s remedy at law is not adequate to compensate it for the injuries inflicted by

Defendants.

128. By reason of Defendants’ willful acts, Plaintiff is entitled to damages,

including but not limited to treble damages under 15 U.S.C. § 1117.

129. This is an exceptional case making Plaintiff eligible for an award of

attorneys’ fees under 15 U.S.C. § 1117.

COUNT IV

DIRECT AND CONTRIBUTORY DILUTION UNDER 15 U.S.C. § 1125(c)

130. Plaintiff, Wunderground, restates and incorporates paragraphs 1-129

above as though fully restated herein.

131. The Wunderground Marks are famous, as that term is used in 15 U.S.C. §

1125(c), and were famous before Defendants’ registration and use of them and the

Infringing Domains in commerce, due in part to the inherent distinctiveness and federal

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registration of the Wunderground marks and the extensive and exclusive nationwide

use, advertising, promotion, and recognition of the Wunderground Marks.

132. Defendants’ registration, use and trafficking of the Infringing Domains and

corresponding web sites and advertisements in commerce is likely to cause

dilution by blurring or dilution by tarnishment of the Wunderground Marks.

133. Defendants’ acts constitute dilution by blurring and dilution by tarnishment

in violation of 15 U.S.C. § 1125(c), entitling Plaintiff to relief.

134. Defendants have unfairly profited from the actions alleged.

135. By reason of Defendants’ acts, Plaintiff has suffered monetary damage

and damage to the goodwill associated with the Wunderground Marks.

136. By reason of Defendants’ acts alleged herein, Plaintiff’s remedy at law is

not adequate to compensate them for the injuries inflicted by Defendants. Accordingly,

Plaintiff is entitled to preliminary and permanent injunctive relief pursuant to 15 U.S.C. §

1116 as it relates to domain names it owns and/or uses that is identical or confusingly

similar to Wunderground’s Marks.

137. By reason of Defendants’ willful acts, Plaintiff is entitled to damages,

including but not limited to treble damages under 15 U.S.C. § 1117.

138. This is an exceptional case making Plaintiff eligible for an award of

attorneys’ fees under 15 U.S.C. § 1117.

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COUNT V

UNFAIR COMPETITION AND TRADEMARK INFRINGEMENT

UNDER STATE COMMON LAW

139. Plaintiff, Wunderground, restates and incorporates paragraphs 1-138

above as though fully restated herein.

140. Defendants’ use in commerce of the Wunderground Marks is likely to

cause confusion, initial or otherwise, mistake and/or to deceive.

141. Defendants’ use in commerce of the Infringing Domains is likely to cause

confusion, initial or otherwise, mistake, and/or to deceive.

142. Defendants’ use in commerce of the web sites and advertisements

displayed at the Infringing Domains is likely to cause confusion, initial or otherwise,

mistake, and/or to deceive.

143. Defendants are palming off themselves as the Plaintiff, thus duping the

public, in order to obtain benefits properly belonging to Plaintiff.

144. Defendants’ acts constitute unfair competition and trademark infringement,

in violation of Michigan law.

145. Defendants have unfairly profited from the infringing and unfair actions

alleged.

146. By reason of Defendants’ acts, Plaintiff has suffered irreparable damage

to the goodwill and reputation associated with Plaintiff itself, its products and services,

and the Wunderground Marks.

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147. By reason of Defendants’ acts, Plaintiff has suffered actual damages in

the form of lost profits and/or damage to the goodwill associated with its company and

its Wunderground Marks.

148. By reason of Defendants’ acts alleged herein, Plaintiff’s remedy at law is

not adequate to compensate them for the injuries inflicted by Defendants. Accordingly,

Plaintiff is entitled to permanent injunctive relief precluding registration, trafficking or use

of domains identical or confusingly similar to Wunderground’s Marks.

COUNT VI

VICARIOUS TRADEMARK INFRINGEMENT, DILUTION AND CYBERSQUATTING

149. Plaintiff, Wunderground, restates and incorporates paragraphs 1-148

above as though fully restated herein.

150. Defendants have an actual or apparent control, agency and/or partnership

with NCS.

151. Defendants have the authority to bind one another in actions with third

parties and regularly act on each other’s behalf.

152. Defendants have exercised control, individually, jointly and otherwise, over

the Infringing Domains and other trademark protected domains.

153. Defendants have exercised joint control, ownership, registration, use and

trafficking over the Infringing Domains.

154. Defendants deal directly with and act directly on behalf of NCS and their

own behalf.

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155. Defendants have provided employees and services to NCS without

compensation.

156. Defendants have unfairly profited from their direct and/or contributory

infringement.

157. By reason of Defendants’ acts, Plaintiff has suffered actual damages in

the form of lost profits and/or damage to the goodwill associated with its company and

its Wunderground Marks.

158. By reason of Defendants’ acts alleged herein, Plaintiff’s remedy at law is

not adequate to compensate it for the injuries inflicted by Defendants. Accordingly,

Plaintiff is entitled to permanent injunctive relief as it relates to other domain names they

own and/or use that are identical or confusingly similar to Wunderground’s Marks.

COUNT VII

CIVIL CONSPIRACY

159. Plaintiff, Wunderground, restates and incorporates paragraphs 1-158

above as though fully restated herein.

160. Defendants have acted in concert with a shared intent to harm

Wunderground.

161. The combination of all the Defendants enabled them to register, traffic,

and use the Infringing Domain Names in violation of the laws cited herein.

162. Defendants acted with a common design and plan in violation of the laws

cited herein.

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163. Defendants’ unlawful acts noted herein were done in furtherance of the

conspiracy.

164. Defendants have committed separate, actionable torts for trademark

infringement, trademark dilution, cybersquatting, and unfair competition by

Defendants’ acts noted herein.

165. Defendants have unfairly profited from the tortious, infringing and dilutive

and other unlawful acts.

166. By reason of Defendants’ acts, Plaintiff has suffered actual damages

associated with its company and its Wunderground Marks.

167. By reason of Defendants’ acts alleged herein, Plaintiff’s remedy at law is

not adequate to compensate it for the injuries inflicted by Defendant.

Accordingly, Plaintiff is entitled to permanent injunctive relief.

COUNT VIII

DECLARATORY JUDGMENT

168. Plaintiff, Wunderground, restates and incorporates paragraphs 1-167

above as though fully restated herein.

169. Defendants’ above acts and omissions reveal an actual and substantial

controversy between the parties, who possess adverse legal interests, to this

Complaint.

170. Defendants’ above acts and omissions described herein are of sufficient

immediacy and reality to warrant declaratory judgment.

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171. Defendants above acts and omissions warrant an order by this court for

declaratory relief pursuant to 28 U.S.C. § 2201 and consistent with the Prayer for

Relief set forth below.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment

against Defendants as follows:

1. That the Court enter a judgment that Defendants have:

a. violated Plaintiff’s rights in the Wunderground Marks in violation of

15 U.S.C. § 1125(d);

b. infringed Plaintiff’s rights in the Wunderground Marks in violation of

15 U.S.C. § 1114(1);

c. violated Plaintiff’s rights in the Wunderground Marks in violation of

15 U.S.C. § 1125(a);

d. violated Plaintiff’s rights in the Wunderground Marks in violation of

15 U.S.C. § 1125(c);

e. unfairly competed with Plaintiff by infringing Plaintiff’s rights in the

Wunderground Marks in violation of Michigan law;

2. That Defendants were be ordered to produce a list of every domain name it

has registered and/or used which is identical or confusingly similar to the

Wunderground Marks;

3. That Defendants be ordered to transfer every domain name it owns which

is identical or confusingly similar to the Wunderground Marks to The

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Weather Underground, Inc.;

4. That the Court issue permanent injunctive relief against Defendants,

and that Defendants, its officers, agents, representatives, servants,

employees, attorneys, successors, assignees, licensees and all

others in active concert or participation with Defendants, be enjoined

and restrained from:

a. registering, using or trafficking in, in any manner, any domain name

that incorporates, in whole or in part, the Wunderground Marks;

b. registering, using or trafficking in, in any manner, any domain

name that is identical or confusingly similar to the

Wunderground Marks;

c. using any of the Wunderground Marks, or any other name, mark,

designation or depiction in a manner that is likely to cause

consumer confusion as to whether Defendants are affiliated with,

associated with, or sponsored by Plaintiff;

d. infringing, diluting, unfairly competing, falsely designating the origin

of, passing off, or falsely advertising Plaintiff’s trademarks and

service marks, including the Wunderground Marks set forth above;

e. registering, trafficking, maintaining, or using any domain name that

incorporates, in whole or in part, the trademark or service mark of

another, or anything confusingly similar thereto, in the matter of the

public interest;

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f. trafficking or using any domain name registered with an automated

tool or process which fails to avoid registration of third-party

trademarks;

g. registering, trafficking, using and maintaining any domain name

without providing complete and accurate contact information,

including the full legal name of the registrant;

h. assisting, aiding, or abetting any other person or business entity

from engaging in or performing any of the activities referred to in

subparagraphs above.

5. That Defendants be ordered to account to Plaintiff for, and disgorge, all

profits it has derived by reason of the unlawful acts complained of above;

6. That Defendants be ordered to issue corrective advertising to the extent

necessary to correct any consumer confusion resulting from Defendant’s

unlawful acts complained of above;

7. That Defendants be ordered to pay damages, and that those damages be

trebled, pursuant to 15 U.S.C. § 1117;

8. That Defendants be ordered to pay statutory damages under 15 U.S.C. §

1117(d), on election by Plaintiff, in an amount of One Hundred Thousand

Dollars ($100,000) per domain name infringement for cybersquatting;

9. That Defendants be ordered to pay Plaintiff’s attorneys' fees and costs;

and

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10. That the Court grant Plaintiff all other relief to which it is entitled and

such other or additional relief as is just and proper.

JURY DEMAND

Plaintiff hereby demands a trial by jury of all matters triable as of right in the

instant cause of action.

Respectfully submitted this 20th day of January, 2011.

/s/Enrico Schaefer___________________

Enrico Schaefer (P43506)

Brian A. Hall (P70865)

TRAVERSE LEGAL, PLC

810 Cottageview Drive, Unit G-20

Traverse City, MI 49686

231-932-0411

enrico.schaefer@traverselegal.com

Lead Counsel for Plaintiff

Anthony P. Patti (P43729)

HOOPER HATHAWAY, PC

126 South Main Street

Ann Arbor, MI 48104

734-662-4426

apatti@hooperhathaway.com

Attorneys for Plaintiff

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CERTIFICATE OF SERVICE

I hereby certify that on the 20th day of January, 2011, I electronically filed

the foregoing paper with the Court using the ECF system which will send

notification of such filing to the following:

Enrico Schaefer (P43506)

Brian A. Hall (P70865)

TRAVERSE LEGAL, PLC

810 Cottageview Drive, Unit G-20

Traverse City, MI 49686

231-932-0411

enrico.schaefer@traverselegal.com

brianhall@traverselegal.com

Lead Attorneys for Plaintiff

Anthony P. Patti (P43729)

HOOPER HATHAWAY, PC

126 South Main Street

Ann Arbor, MI 48104

734-662-4426

apatti@hooperhathaway.com

Attorneys for Plaintiff

William A. Delgado (admitted pro hac)

WILLENKEN WILSON LOH & LIEB LLP

707 Wilshire Boulevard, Suite 3850

Los Angeles, CA 90017

(213) 955-9240

williamdelgado@willenken.com

Lead Counsel for Defendants

Nicholas J. Stasevich (P41896)

Benjamin K. Steffans (P69712)

Bruce L. Sendek (P28095)

BUTZEL LONG, PC

150 West Jefferson, Suite 100

Detroit, MI 48226

(313) 225-7000

stasevich@butzel.com

steffans@butzel.com

sendek@butzel.com

Local Counsel for Defendants

/s/Enrico Schaefer___________________

Enrico Schaefer (P43506)

Brian A. Hall (P70865)

TRAVERSE LEGAL, PLC

810 Cottageview Drive, Unit G-20

Traverse City, MI 49686

231-932-0411

enrico.schaefer@traverselegal.com

Lead Counsel for Plaintiff

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