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 COMPLAINT
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HARVEY SISKIND LLP LAWRENCE J. SISKIND (SBN 85628) Email: siskind@harveysiskind.com DONALD A. THOMPSON (SBN 260076) Email: dthompson@harveysiskind.com JANE A. LEVICH (SBN 293299) Email: jlevich@harveysiskind.com Four Embarcadero Center, 39
th
 Floor San Francisco, California 94111 Telephone: (415) 354-0100 Facsimile: (415) 391-7124 Attorneys for Plaintiff APP ANNIE INC.
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
APP ANNIE INC. a Delaware corporation, Plaintiff, v. APPTOPIA, INC. a Delaware corporation, Defendant. Case No.
COMPLAINT FOR FALSE ADVERTISING, UNFAIR COMPETITION, TRADE LIBEL, AND INTENTIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE DEMAND FOR JURY TRIAL
Case3:14-cv-03370-JCS Document1 Filed07/24/14 Page1 of 14
 
 -1- COMPLAINT
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff App Annie Inc.
(“
App Annie
 
or “Plaintiff”
), for its Complaint against Defendant Apptopia, Inc.
(“
Apptopia
 
or “Defendant”
), alleges:
THE PARTIES
1.
 
Plaintiff App Annie Inc. is a Delaware corporation with a principal place of business in the City and County of San Francisco, California. 2.
 
On information and belief, Defendant Apptopia, Inc. is a Delaware corporation with a  principal place of business in the City of Boston, County of Suffolk, Massachusetts.
JURISDICTION
 3.
 
This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338 because this action arises under the Lanham Act, 15 U.S.C. § 1051,
et seq
. The Court has supplemental jurisdiction over
App Annie’s
 state law claims under 28 U.S.C. § 1367. 4.
 
This Court has personal jurisdiction over Apptopia because, on information and belief, Apptopia maintains an office in Palo Alto, California, and its acts have caused App Annie the injuries alleged herein in this district.
VENUE
 5.
 
Venue is proper in the Northern District of California under 28 U.S.C. § 1391(b) and (c)  because the claims arise in this district, App Annie resides in this district, Apptopia resides in this district, and a substantial part of the events or omissions giving rise to this action occurred here.
INTRADISTRICT ASSIGNMENT
 6.
 
This intellectual property action shall be assigned on a district-wide basis pursuant to Civil L.R. 3-2(c).
NATURE OF ACTION
7.
 
App Annie provides the leading mobile analytics platform. For over four years, mobile app developers and publishers have relied on App Annie
s analytics platform to track sales, downloads, and reviews of their apps, as well as mobile ad revenues and expenses. Featuring a team of 250+, App
Case3:14-cv-03370-JCS Document1 Filed07/24/14 Page2 of 14
 
 -2- COMPLAINT
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Annie has attracted the attention of industry watchers like VentureBeat, which recently named it one of the ten fastest movers in the mobile app industry,
1
 and national publications like The Wall Street Journal, which recently noted that 270,000 registered users have connected over 600,000 apps to
App Annie’s
analytics platform.
2
 8.
 
App Annie is the industry leader because it has a proven track record of applying world-class data science to an unmatched data set
 — 
namely, data from the unrivaled network of developers who have connected their apps to its analytics platform. That data is transformed through sophisticated statistical models and powers App Annie
s
market intelligence service, which customers trust to inform their most important strategic decisions about the mobile ecosystem. 9.
 
App Annie uses the trademark APP ANNIE
 — 
shown in U.S. Trademark Registration No. 4,493,458 and U.S. Trademark Application No. 85,777,175
 — 
to signify its reputation and goodwill in the United States. 10.
 
Apptopia is best known as an online broker of mobile applications. In an attempt to diversify into other business models, Apptopia recently began offering an analytics platform and market intelligence service similar to App Annie.
As noted above, App Annie’s competitive advantage stems
from its extensive network of connected developers. Lacking that advantage, Apptopia has instead resorted to unsavory marketing practices to promote its product and service. 11.
 
This action arises because Apptopia is unlawfully diverting and deceiving current and  prospective App Annie customers by improperly exploiting the APP ANNIE name and brand
 — 
in violation of laws against false advertising, unfair competition, trade libel, and intentional interference with prospective business advantage.
1
 
See
 http://venturebeat.com/2014/06/23/10-of-the-fastest-movers-in-the-38b-mobile-apps-and-ads-market/
2
 
See
http://blogs.wsj.com/venturecapital/2014/05/28/app-annie-raises-17m-acquires-app-analytics-competitor-distimo/
 
Case3:14-cv-03370-JCS Document1 Filed07/24/14 Page3 of 14

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