UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
Civil Action No. 97-10065DPW
CLUE COMPUTING, INC.,
Plaintiff Hasbro, Inc. ("Hasbro") hereby alleges for its Complaint against defendant Clue Computing, Inc. ("CCI"), on personal knowledge as to its own activities and on information and belief as to the activities of others, as follows:
1. Plaintiff Hasbro, Inc. ("Hasbro") is a corporation duly organized and existing under the laws of the State of Rhode Island, with its principal place of business in Pawtucket, Rhode Island. Hasbro is a worldwide leader in the design, manufacture and marketing of toys, games, puzzles and infant care products. Both internationally and domestically, Hasbro's Playskool, Kenner, Tonka, Milton Bradley and Parker Brothers products provide children and families with the highest quality and most recognizable toys and games in the world. Hasbro's Parker Brothers Division, which is headquartered in Beverly, Massachusetts, is particularly well known for its high quality board games. One of Hasbro's/Parker Brothers' longest-selling and most popular products is the board game "Clue".
2. Defendant Clue Computing, Inc. ("CCI") is a corporation duly organized and existing under the laws of the State of Colorado, with its principal place of business in Longmont, Colorado. CCI is in the business of providing computer consulting services "for clients anywhere on the planet," and uses the Internet to advertise continuously its services and solicit business from potential customers in Massachusetts, as well as in other states. CCI does business in the Commonwealth of Massachusetts, and has caused injury in the Commonwealth of Massachusetts; the claims asserted herein arise from CCI's transacting business in the Commonwealth.
JURISDICTION AND VENUE
3. This Court has jurisdiction over this action pursuant to 28 U.S.C. _ 1338 and 15 U.S.C. _1121, in that this is an action arising out of the Lanham Act, 15 U.S.C. __ 1051-1127. This Court has supplemental jurisdiction over Hasbro's state law trademark dilution claims pursuant to 28 U.S.C._ 1338(b), since those claims are joined with a substantial and related claim under the Lanham Act, and pursuant to the doctrine of pendent jurisdiction in that the federal law claims and state law claim derive from a common nucleus of operative facts.
4. Venue for this action is proper in this Court pursuant to 28 U.S.C. _ 1391, in that Defendant CCI resides, and may be found, in this judicial district, and a substantial part of the events or omissions giving rise to Hasbro's claims occurred in this judicial district.
(False Designation of Origin -- 15 U.S.C. _ 1125(a))
5. Hasbro is the owner of the trademark "CLUE," which
has been registered on the Principal Register of the United States
Patent and Trademark Office since 1950. The "CLUE" mark has
been in exclusive and continuous use by Hasbro and/or its predecessor
in interest, Parker Brothers, on the Clue board game and related
products since at least 1948.
6. Hasbro's Clue game is one of the world's best known board games. Clue is a murder mystery game in which the players race to be the first to deduce which of six fictional characters committed the murder, which of nine rooms it was committed in, and which of six weapons was used. The game was also the subject of a popular motion picture of the same name.
7. Hasbro has expended substantial resources in advertising and promoting the Clue game over the past several years. In addition, and because of the Clue game's substantial popularity and good will with consumers, Hasbro uses the CLUE name to market other games from its Parker Brothers division. By holding its Parker Brothers division out as '`the maker of Clue", Hasbro has established its Parker Brothers division in the minds of consumers as a trusted, dependable maker of games for both children and adults.
8. Hasbro's Clue game has also been an integral part of Hasbro's formation of a new division, the Hasbro Interactive Group. Hasbro Interactive was formed in the fall of 1995 to promote the development of computer CD-ROM games and Internet gaming. As part of its marketing strategy, Hasbro has set up Internet sites for its popular board games which bear the name of the game as part of the Internet domain name. Thus, a CD-ROM version of Hasbro's Monopoly game can be played over the Internet at a site bearing the domain name monopoly.com, Trivial Pursuit will be playable at trivialpursuit.com, and Battleship at battleship.com. Hasbro has recently released an interactive version of its Clue game.
9. By virtue of the continuous and exclusive use made of the CLUE mark by Hasbro and Parker Brothers in connection with the Clue board game and related products, the name CLUE has become associated with Hasbro's Clue game in the minds of consumers.
10. CCI has set up an Internet site using the Internet domain name "clue.com" at the Internet address "http://www.clue.com". From this address, CCI continuously broadcasts information regarding the company and advertises its services to thousands of Internet users in Massachusetts and elsewhere. CCI has used its web site with the intent of reaching Massachusetts residents and, on information and belief, has obtained at least one Massachusetts company as a client.
11. Through its advertising, operation and maintenance of an Internet site, in Massachusetts and elsewhere, which uses the domain name "clue.com", CCI has caused, and if not enjoined will continue to cause, consumers to be confused as to the affiliation, connection or association of CCI's Internet site with Hasbro, or as to Hasbro's sponsorship or approval of CCI's business or Internet site.
12. CCI's willful and unauthorized use of the domain name "clue.com" in connection with its Internet site has damaged Hasbro in an amount to be determined at trial. Such use has also caused Hasbro irreparable harm, and Hasbro will continue to be irreparably harmed unless and until defendants' unlawful conduct is enjoined.
(Dilution of Famous Mark -- 15 U.S.C. _ 1125(c))
13. Hasbro incorporates the allegations of Paragraphs 1 Trough 12
of this Complaint as if fully set forth herein.
14. CCI's commercial use of the Internet domain name "clue.com" in connection with its Internet site has caused and will continue to cause dilution of the distinctive quality of the CLUE mark.
15. Hasbro is informed and believes that CCI has used the "clue.com" Internet domain name with the willful intent to trade on Hasbro's reputation and/or to cause dilution of Hasbro's CLUE mark in violation of 15 U.S.C. _ 1125(c).
16. As a result of CCI's unlawful and willful dilution of the distinctive quality of Hasbro's CLUE mark, Hasbro has been damaged in an amount to be determined at trial. Such dilution has also caused Hasbro irreparable harm, and Hasbro will continue to be irreparably harmed unless CCI's unlawful conduct is enjoined.
(Dilution of Famous Mark--Mass. Gen. L. ch. 110B, _ 12)
17. Hasbro incorporates the allegations of Paragraphs 1 through 12
of this Complaint as if fully set forth herein.
18. CCI's use of the Internet domain name "clue.com" in connection with its advertising, operation, and maintenance of an Internet site has caused and will cause dilution of the distinctive quality of the Clue mark, and has blurred and will continue to blur the Clue name in the minds of consumers in violation of Mass. Gen. L. ch. 1 10B, _ 12.
19. Hasbro is informed and believes that CCI has used the "clue.com" Internet domain name with the willful intent to cause dilution of Hasbro's CLUE marks in violation of Mass. Gen. L. ch.110B, _ 12.
20. As a result of CCI's unlawful and willful dilution of the distinctive quality of Hasbro's CLUE mark, Hasbro has suffered and will continue to suffer irreparable harm unless CCI's unlawful conduct is enjoined.
PRAYER FOR RELIEF
WHEREFORE, plaintiff Hasbro request entry of judgment in its favor and against CCI as follows:
1. For temporary, preliminary and permanent injunctions restraining and enjoining defendant, its officers, agents, servants and employees, and those persons in active concert or participation with it, from using the "clue.com" Internet name, or any variation thereof, in connection with its advertising, operation and/or maintenance of an Internet site;
2. For an accounting by defendant of all gains, profits, and advantages derived from its unlawful activities, such amount to be trebled pursuant to 15 U.S.C. _ 11 17(a) by virtue of CCI's willful conduct;
3. For an award of compensatory damages in an amount to be proven at trial, such amount to be trebled pursuant to 15 U.S.C. _ 1117(a) by virtue of CCI's willful conduct;
4. For an award of Hasbro's costs of suit, including reasonable attorneys' fees; and
5. For such other and further relief as this Court may deem just and proper.
Dated: Boston, Massachusetts
January 10, 1997
By its attorneys,
Richard J. McCarthy
BBO No. 328600
EDWARDS & ANGELL
101 Federal Street
Boston, MA 02110
(617) 439 4444
Kenneth B. Wilson
Wilson Sonsini Goodrich & Rosati
650 Page Mill Road
Palo Alto, CA 94304-1050