1 IN THE UNITED STATES DISTRICT COURT FOR THE

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK

JACKPOCKET, INC.,

Plaintiff,

LOTTOMATRIX NY LLC,

LOTTOMATRIX CORPORATION,

LOTTOMATRIX OPERATIONS LIMITED

d/b/a JACKPOT.COM,

LOTTOMATRIX MALTA LIMITED, and

99DYNAMICS LIMITED,

Defendants.

Case No. ____________________

COMPLAINT

Jury Trial Requested

Plaintiff Jackpocket, Inc., by and through the undersigned counsel, alleges as follows, upon

actual knowledge with respect to itself and its own acts, and upon information and belief as to all

other matters.

NATURE OF THE ACTION

1. This is a civil action for trademark infringement and unfair competition under the

Lanham Act, 15 U.S.C. § 1051, et seq.; deceptive trade practices and trademark dilution under

N.Y. Gen. Bus. Law §§ 349 and 360; and trademark infringement and unfair competition under

New York common law.

2. Jackpocket brings this lawsuit to stop the ongoing deception and resulting

consumer harm that Defendants set out to create, and already have created, by dressing their

foreign-based online gaming operations to appear as if those operations are (or are part of)

Jackpocket and/or its trusted services in order to trade off the reputation and goodwill that

Jackpocket has earned through years of hard work and investment.

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 1 of 31

3. Jackpocket, the original and preeminent digital lottery ticket courier service in the

U.S., owns and operates a popular mobile application (“app”) branded JACKPOCKET. The

JACKPOCKET app allows consumers to securely order official lottery tickets from state-licensed

retailers in the U.S. and also offers a suite of corresponding services that allow consumers to,

among other things, check results, team up with others in lottery pools, set autoplays, and receive

alerts (the “Lottery Courier Services”). Jackpocket worked closely with the lottery and gaming

industry as well as state regulators in developing the JACKPOCKET app in order to ensure the

integrity of the app and its Lottery Courier Services—while simultaneously helping fund essential

state programs, e.g., education, veterans’ services, natural resources, etc.

4. Jackpocket is one of only two lottery courier services that is licensed in both New

York and New Jersey.

5. Word about Jackpocket has spread far and wide through coverage in national

media, like Good Morning America, CNBC, and CBS News. And, for its part, Jackpocket has

extensively promoted itself and its service offerings through varied and high-profile advertising in

virtually every media (including television, radio, the internet, billboards, stadium and mass

transportation signage, product placement, etc.) and sponsorships with major sports teams

(including the New York Jets, New York Islanders, and New Jersey Devils).

6. Foreign-based Defendant 99Dynamics Limited (“99Dynamics”) and its affiliated

entities—Defendants Lottomatrix NY LLC (“Lottomatrix NY”), Lottomatrix Corporation,

Lottomatrix Operations Limited, and Lottomatrix Malta Limited (individually and collectively,

“Jackpot”)—have been planning to enter the U.S. market to compete head-to-head with

Jackpocket’s Lottery Courier Services. Overseas, 99Dynamics and its related companies have and

continue to operate derivative lotteries (discussed below), which are illegal and frowned upon in

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 2 of 31

the U.S. and elsewhere. As an alternative to doing the hard work that Jackpocket undertook to

innovate and establish itself in the U.S., Jackpot sought to jump-start its U.S. business by

disguising itself as Jackpocket. From among a vast universe of non-infringing alternatives

available, Jackpot deliberately chose to enter the U.S. with JACKPOT―a name and mark it knew

would deceive and confuse consumers and the public into mistakenly believing it was part of a

well-established company here, JACKPOCKET.

7. Arising from Jackpot’s June 22, 2022 single public announcement that it received

Series A funding and plans to enter the U.S. market, significant and varied confusion has already

arisen, including in and among the press. More confusion and deception will inevitably follow as

Jackpot moves beyond its initial announcement and begins offering online lottery courier services

to U.S. consumers. With no harm more irreparable than the loss of reputation that this confusion

has and will continue to cause, Jackpocket asks the Court to stop Jackpot from using JACKPOT

and JACKPOT.COM and to choose a non-infringing name and mark for its business.

PARTIES

8. Plaintiff Jackpocket, Inc. is a Delaware corporation with a principal place of

business at 145 W. 45

Street, Floor 12, New York, New York 10036.

9. Defendant Lottomatrix NY LLC is a New York limited liability company with a

principal place of business and an agent for the service of process at 122 E. 42

Street, 18

Floor,

New York, New York 10168.

10. Defendant Lottomatrix Corporation, trading as Jackpot.com, is a Delaware

corporation with a principal place of business and an agent for the service of process at 850 New

Burton Road, Suite 201, Dover, Delaware 19904.

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 3 of 31

11. Defendant Lottomatrix Operations Limited d/b/a Jackpot.com is a Malta public

limited liability company with a principal place of business at Level 3 (Suite No. 1969), Tower

Business Centre, Tower Street, Swatar, Birkirkara BKR 4013, Malta.

12. Defendant Lottomatrix Malta Limited is a Malta public limited liability company

with a principal place of business at Level 3 (Suite No. 1969), Tower Business Centre, Tower

Street, Swatar, Birkirkara BKR 4013, Malta.

13. 99Dynamics Limited is a United Kingdom limited liability company with a

principal place of business and registered office at Mazars, 30 Old Bailey, London, United

Kingdom, EC4M 7AU.

JURISDICTION AND VENUE

14. This Court has jurisdiction under 28 U.S.C. § 1338 because this action arises under

an Act of Congress related to trademarks. This Court also has jurisdiction under 28 U.S.C. § 1367

and the doctrine of pendent jurisdiction over the state law claims because they are so related to the

claims arising under federal law that they form part of the same case and controversy under Article

III of the United States Constitution.

15. This Court has personal jurisdiction over Jackpot, and venue is proper in the

Southern District of New York pursuant to 28 U.S.C. § 1391(b) and (c) because Jackpocket is

being harmed in this District; Lottomatrix NY is located and registered to do business in this

District; Jackpot is preparing to conduct business in this District; and Jackpot is unlawfully using

the JACKPOT mark and name in this District.

JACKPOCKET AND ITS

JACKPOCKET AND JACKPOCKET.COM TRADEMARKS

16. Jackpocket is the first officially licensed company in the U.S. to offer lottery players

a secure way to order official state lottery tickets through a mobile app. Jackpocket’s mission is

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 4 of 31

to create a more convenient, fun, and responsible way to play the lottery. Lotteries raise money

by selling numbered tickets and awarding prizes to the holders of numbers at random. Lotteries

are only lawful if run pursuant to individual state regulation, or in the case of multi-state lotteries

like POWERBALL, through agreements between multiple states.

17. Jackpocket has continuously offered its Lottery Courier Services under the names

and trademarks JACKPOCKET and JACKPOCKET.COM (the “JACKPOCKET Marks”) since

at least as early as October 23, 2013. Jackpocket’s founder and CEO, Peter Sullivan, coined the

JACKPOCKET Marks as a clever, unique way to identify and differentiate Jackpocket and its

Lottery Courier Services.

18. Through the JACKPOCKET app, people can order tickets for various lottery games

(including high-prize, daily, quick-pick, and choose-one’s-own-numbers games) in eleven states

and Washington, D.C.

19. Jackpocket has invested substantial time, money, and effort to receive courier

licenses from the New York Lottery and New Jersey Lottery, copies of which are attached as

Exhibit A. Currently, the other places where consumers can order lottery tickets lawfully through

the JACKPOCKET app (Arkansas, Colorado, Minnesota, Montana, New Hampshire, New

Mexico, Ohio, Oregon, Texas, and Washington, D.C.) do not require courier licenses.

20. In addition to facilitating lottery ticket purchases, Jackpocket allows consumers to

view scans of their lottery tickets in the JACKPOCKET app; check lottery results and prizes in

real time; team up with other Jackpocket players in public lottery pools; create or join a private

pool for friends, families, or co-workers; set an autoplay feature to automatically play favorite

games; receive automatic alerts for wins; and fund small prizes to players’ accounts.

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 5 of 31

21. In the last twelve months, approximately 7.5 million customers placed download

orders for Jackpocket’s Lottery Courier Services, nearly 900,000 of those in New York.

22. By enabling today’s lottery players to participate in the lottery from the

convenience of their smartphones, Jackpocket also helps state lotteries, like the New York State

Lottery, drive incremental revenue to fund essential state programs, including those for education,

veterans’ services, and natural resources. For example, the New York Lottery contributed $3.59

billion during the last fiscal year to support education in the state.

23. Since inception, Jackpocket has worked closely with the lottery industry and state

regulators to ensure the integrity of its innovative gaming app. And Jackpocket continues to push

the industry and encourage states to require a number of consumer protections, including the

following, which were incorporated into official courier regulations in New York and New Jersey:

 verifying every customer’s age/identity;

 geolocating every customer upon funding and upon ordering;

 requiring third-party certification of age/identify verification, geolocation, and

random number generation;

 scanning and uploading the front and back of each hard-copy lottery ticket and

emailing receipts with serial numbers so customers can be assured that an actual

ticket with their numbers was purchased;

 storing hard-copy tickets in a fireproof safe in a secure location with limited

access;

 requiring anti-money laundering audits and SOC-2 reporting;

 meeting minimum insurance requirements;

 providing customers with the ability to self-exclude from the app; and

 prominently displaying responsible gaming hotlines in appropriate

jurisdictions.

24. From 2015 through 2022, Jackpocket spent nearly $70 million to advertise, market,

and promote its JACKPOCKET Marks and Lottery Courier Services, including almost $18 million

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 6 of 31

during the first half of 2022. Jackpocket advertises through broadcast and cable television stations

(including commercial advertisements run in New York on television networks HPIX, WLNY,

WPIX, WWOR, WXXA, WNYA, WNYO, WUTV, WNLO, EHAM, WBGT, and WUHF); on

radio stations (including commercials run in New York on WFAN, WCBS, WINS, WSKQ,

WPAT, WEPN, WNEW, WNYL, Z100, and ESPN); through public transportation venues

(including advertisements posted in Metropolitan Transit Authority and PATH systems in New

York); via billboards; direct mail; distribution of branded items like fortune cookies, pizza boxes,

and coffee cups; in-stadium advertising at stadiums displayed in connection with nationally

televised baseball, basketball, football, and hockey games; digital and social media; and social

influencers. A representative sampling of Jackpocket’s advertisements are shown below:

Television Commercial

Branded-Item Advertising

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 7 of 31

Digital Advertising

Stadium Advertising

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 8 of 31

25. In New York alone, Jackpocket spent over $26 million to advertise, market, and

promote its JACKPOCKET Marks and Lottery Courier Services from 2015 through 2022,

including almost $7 million during the first half of 2022. In addition to the examples above, a

representative sampling of Jackpocket’s advertising in the New York City area are shown below:

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 9 of 31

26. Jackpocket also promotes its JACKPOCKET Marks and Lottery Courier Services

through various high-profile partnerships, including enjoying promotional relationships with

sports teams like the New York Islanders, New York Jets, New Jersey Devils, Colorado Rockies,

Minnesota Twins, Texas Rangers, and Dallas Mavericks; audio content organizations like Audacy

Inc.; universities like Rutgers; and non-profit corporations like the New York Racing Association,

e.g.:

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 10 of 31

’

27. Jackpocket also promotes and showcases its JACKPOCKET Marks and Lottery

Courier Services on its own website, the URL for which incorporates the JACKPOCKET mark,

www.jackpocket.com, and on banner ads featured on other Internet websites.

28. As a result of the tremendous success of its JACKPOCKET app, JACKPOT.COM

website, and Lottery Courier Services, Jackpocket has received extensive unsolicited media

coverage, including in widely circulated media such as New York Post, Daily News, Fortune, ABC,

CBS, NBC, CNBC, AXIOS, Good Morning America, and Cheddar.

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 11 of 31

29. Over the years, Jackpocket has also received numerous corporate and business

awards, including:

 Built in NYC, NYC Best Midsize Companies to Work For, 2022

 Built in NYC, NYC Best Places to Work, 2019, 2022

 VentureFizz, Spark Award, 2019

 Appy Awards, Finalist, 2019

 National Council on Problem Gambling (“NCPG”), Corporate Social

Responsibility Award, 2019

30. Jackpocket owns U.S. Trademark Registration No. 4743194 for its JACKPOCKET

mark for the following:

Computer application software for mobile phones, namely, software for use in purchasing

lottery tickets and playing lottery games; Computer application software for mobile

phones, portable media players and handheld computers, namely, software for use in

purchasing lottery tickets and playing lottery games; Computer game software for use on

mobile and cellular phones; Computer hardware and computer software programs for the

integration of text, audio, graphics, still images and moving pictures into an interactive

delivery for multimedia applications; Downloadable electronic game software for use on

mobile phones, portable media players and handheld computers; Downloadable mobile

applications for use in purchasing lottery tickets and playing lottery games; Downloadable

software in the nature of a mobile application for use in purchasing lottery tickets and

playing lottery games.

A printout of this registration, taken from the U.S. Patent and Trademark Office’s online database,

is attached as Exhibit B. This registration, which issued on May 26, 2015, is incontestable under

15 U.S.C. § 1065.

31. The JACKPOCKET Marks have become well-known and famous in at least New

York by virtue of their extensive use, public exposure, commercial success, and popularity.

32. Jackpocket has tied its use of JACKPOCKET to the similar term JACKPOT. For

example, when a consumer opens the JACKPOCKET app on their smartphone, they first see the

term JACKPOT, as shown below:

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 12 of 31

The term JACKPOT then expands into JACKPOCKET and the app opens, as shown below:

33. Over the years, people have frequently referred to JACKPOCKET as JACKPOT;

for example:

 On September 28, 2015, WABC Eyewitness News 7 in New York City aired a segment

about the JACKPOCKET app. In it, the newscaster stated, “[g]etting a lot easier – a

lot more high tech for New Yorkers – new app called Jackpot” while the

JACKPOCKET mark was shown onscreen. WABC, Eyewitness News at Noon,

September 28, 2015, available at

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 13 of 31

https://archive.org/embed/WABC_20150928_160000_Eyewitness_News_at_Noon?st

art=3107&end=3180 (Published Sep. 28, 2015; Last Accessed June 27, 2022).

 On September 29, 2015, KGO (ABC) News in San Francisco, California aired a

segment about the JACKPOCKET app. In it, the newscaster stated, “[n]ow there’s an

app for that – It’s call Jackpot.” The onscreen image also identified Jackpocket’s app

as the “‘Jackpot’ Lottery App,” as shown below:

ABC7 News 5:00AM: KGO, September 29, 2015, available at

https://archive.org/embed/KGO_20150929_120000_ABC7_News_500AM?start=293

6.8&end=2965.9 (Published Sep. 29, 2015; Last Accessed June 27, 2022).

 On September 30, 2015, KPIX (CBS) News in New York City aired a segment about

the JACKPOCKET app. In it, the newscaster stated, “[a] new app could make winning

millions from the lottery even easier. It’s called JACKPOCKET. It enables users to

purchase lottery tickets with an app. A Jackpot employee then physically buys the

ticket …” while the JACKPOCKET mark was shown onscreen. KPIX 5 Noon News,

September 30, 2015, available at

https://archive.org/embed/KPIX_20150930_190000_KPIX_5_Noon_News?start=871

.4&end=901.5 (Published Sep. 30, 2015; Last Accessed June 27, 2022).

 On January 12, 2021, WNBC Today in New York aired a segment about the

JACKPOCKET app during which the newscaster stated “jackpot” while the

JACKPOCKET mark was shown onscreen. WNBC Today in New York, January 12,

2021, available at

https://mms.tveyes.com/MediaCenterPlayer.aspx?u=aHR0cDovL21lZGlhY2VudGV

yLnR2ZXllcy5jb20vZG93bmxvYWRnYXRld2F5LmFzcHg%2FVXNlcklEPTk1MD

cyOCZNRElEPTE0Mzc5NTE5Jk1EU2VlZD04NDE5JlR5cGU9TWVkaWE%3D&e

xpand=true (Published Jan. 12, 2021; Last Accessed June 27, 2022).

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 14 of 31

 On January 20, 2021, @mchackio, an online influencer with over 26,000 subscribers

on YouTube, posted a video titled, “How to install Jackpot Lottery app on iPhone?”

discussing and showing the JACKPOCKET mobile application, i.e.:

How to install Jackpot Lottery app on iPhone?, January 20, 2021, YouTube, available

at https://www.youtube.com/watch?v=vC8JT7sSWlY (Published Jan. 20, 2021; Last

Accessed June 27, 2022).

 On March 22, 2021, Dice Gambling Games posted an article titled, “How to Install the

Jackpot Lottery App on a PC” when discussing the JACKPOCKET mobile

application, i.e.:

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 15 of 31

How to install Jackpot Lottery App on a PC, March 22, 2021, Dice Gambling Games,

available at https://dicegamblinggames.com/how-to-install-the-jackpot-lottery-app-

on-a-pc/ vC8JT7sSWlY (Published Mar. 21, 2021; Last Accessed June 27, 2022).

 At least four of Jackpocket’s advertising partners have put JACKPOT instead of

JACKPOCKET in the email subject line of correspondence and meeting invitations to

Jackpocket.

 Numerous social media users on platforms such as Twitter, Instagram, and Facebook

have written JACKPOT in posts discussing the JACKPOCKET app.

 Jackpocket commissioned Mark McGrath, the lead singer of the band Sugar Ray, to

produce a recording about the JACKPOCKET app. In it, Mr. McGrath referred to

JACKPOCKET as JACKPOT.

JACKPOT AND ITS DECEITFUL OVERSEAS OPERATIONS

34. 99Dynamics, a UK-based company that owns and operates various Lottomatrix

entities, has primarily conducted its lottery-related operations overseas.

35. Until recently, 99Dynamics and its affiliates have not offered or marketed services

like Jackpocket’s Lottery Courier Services. Rather, 99Dynamics and its affiliated entities have

been conducting “derivative lotteries” in foreign countries. Also known as “synthetic” lotteries,

derivative lottery operators take bets on lotteries in foreign countries (e.g., allowing someone in

Malta to make a bet on the Powerball lottery numbers in the U.S.) without actually buying a ticket

and thereby exploiting the official lottery and the communities and people served by it. Derivative

lotteries are prohibited in the U.S. and other countries, like Australia and Ireland.

Eoin Burke-Kennedy, Government likely to face pressure for crackdown on ‘synthetic

lotteries,’ The Irish Times, available at https://www.irishtimes.com/business/retail-and-

services/government-likely-to-face-pressure-for-crackdown-on-synthetic-lotteries-1.3448330

(Published Apr. 3, 2018; Last Accessed July 1, 2022), a true and correct copy of which is

attached as Exhibit C.

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 16 of 31

36. Indeed, the Multi-State Lottery Association (“MUSL”), a U.S.-based non-profit

lottery group behind multi-jurisdictional games including POWERBALL, identified synthetic

lotteries as one of the most significant challenges it faces.

37. Additionally, 99Dynamics, through its myriad affiliated companies, has created a

scheme to misdirect consumers from legitimate state and U.S. lotteries to lookalike apps. For

example, The Lottery Company, a 99Dynamics-affiliated entity, operates a storefront in the Apple

App Store that, as shown below, offers a variety of apps with names that misappropriate official

lottery names despite maintaining no association with those lotteries (e.g., the NYLottery.net app,

which is similar to official New York Lottery app):

Devin O’Connor, Powerball Mulling International Expansion to Boost Sales, Jackpots,’

Casino.org, available at https://www.casino.org/news/powerball-mulling-international-

expansion-to-boost-sales-jackpots/comment-page-1078/ (Published Dec. 23, 2020; Last

Accessed July 1, 2022), a true and correct copy of which is attached as Exhibit D.

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 17 of 31

38. This scheme is furthered by the registration and operation of

“NYLOTTERY.ORG” and “POWERBALL.NET” by companies affiliated with 99Dynamics.

Like The Lottery Company’s apps, these websites are named and designed to trick consumers into

believing they are going to the official NY LOTTERY and POWERBALL sites, when they are

not:

www.nylottery.org

www.powerball.net

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 18 of 31

JACKPOT’S WILLFUL INFRINGING ACTIVITIES

39. Jackpot is well aware of Jackpocket and its Lottery Courier Services, market

presence, and success. Among other things, Yariv Ron, an executive at Jackpot, met Mr. Sullivan

at the Public Gaming Research Institute conference in Miami in April 2022. And a Jackpot

executive recently signed up to use the JACKPOCKET app.

40. In late June 2022, Jackpot publicly announced that it is preparing to offer the very

same Lottery Courier Services as Jackpocket, namely allowing consumers to buy lottery tickets in

the U.S., including in New York, through a mobile device app. And Jackpot plans to do so under

the confusingly similar name and marks JACKPOT and JACKPOT.COM (the “JACKPOT

Marks”). A true and correct copy of Jackpot’s June 22, 2022 press release is attached here as

Exhibit E. This announcement was picked up across several media outlets.

See, e.g., Jessica Golden, Online lottery ticket company Jackpot gets funding from top sports

executives, CNBC, available https://www.cnbc.com/2022/06/22/online-lottery-ticket-firm-

jackpot-gets-funding-from-top-sports-execs.html (Published June 22, 2022; Last Accessed July

1, 2022), a true and correct copy of which is attached as Exhibit F.

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 19 of 31

41. On May 23, 2022, Jackpocket sent Jackpot a demand letter explaining the inevitable

consumer confusion that its copycat marks would cause in the U.S. and objecting to Jackpot’s use

of the JACKPOT Marks in U.S. commerce. Jackpot, however, insisted on moving forward with

its unlawful conduct.

42. As of June 21, 2022, the website jackpot.com was not accessible to individuals in

the U.S.

43. On June 22, 2022, Jackpot announced it had closed on Series A funding and that it

is looking to grow its U.S. lottery business by facilitating the purchase of official state lottery

tickets online.

44. That same day, the jackpot.com domain began automatically redirecting people

who tried to access the web site in the U.S. to the us.jackpot.com subdomain name. Jackpot uses

the jackpot.com domain and us.jackpot.com subdomain to promote—and, soon, to offer—its

online lottery ticket courier services in the U.S., including in New York, in direct competition with

Jackpocket.

45. Not content to mimic just the JACKPOCKET Marks, Jackpot also lifted a blue

color scheme similar to the blue color scheme consistently used across Jackpocket’s branding in

an effort to hew more closely to the Jackpocket branding, e.g.:

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 20 of 31

46. The confusion Jackpocket warned Jackpot about has already proved to be

widespread. For example, on June 23, 2022, The Sports Geek—a globally recognized brand that

delivers high-quality resources to beginner, advanced, and professional sports bettors and fans—

published an article erroneously titled “Jackpocket Nets $35 Million in Latest Funding Round”:

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 21 of 31

In fact, it was Jackpot and not Jackpocket that has secured the referenced funding. A true and

correct copy of the full article is attached as Exhibit G. In it, The Sports Geek clearly confused

Jackpocket for Jackpot, as it was Jackpot who received the reported funding, not Jackpocket.

47. In another instance of confusion, also on June 23, 2022, PlayUSA—a website

covering online casino, poker and sports betting—published an article mistakenly referencing

Jackpocket instead of Jackpot, titled “Jackpocket Gets $35 Million in New Funding With Possible

Expansion Ahead”:

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 22 of 31

A true and correct copy of the full article is attached as Exhibit H.

48. Similarly, around June 22, 2022, Mr. Sullivan, Jackpocket’s founder and CEO,

received multiple messages congratulating him on Jackpot’s announcement that it received Series

A funding and on Jackpot’s newly announced investors.

49. Even before Jackpot announced that it planned to enter the U.S. market, and was

only operating abroad, people confused JACKPOCKET with JACKPOT. For example, at least

three people mistakenly contacted Jackpot’s customer service team about Jackpocket and its

services, e.g.:

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 23 of 31

50. Additional examples of actual confusion between Jackpocket and Jackpot exist and

are multiplying, e.g.:

 On June 24, 2022, a marketing company cold-emailed Jackpocket at its

[email protected] email address, addressing the email to “Team Jackpot,”

and stating, “[t]he purpose of this email is to discuss having Jackpot promoted on our

podcasts . . .”

 On June 27, 2022, a gambling addiction group executive director who serves on state

and national organizations and committees, including one that Jackpocket sponsors,

posted on LinkedIn. The individual’s post stated, “Jackpocket has raised money from

top sports executives, and NBA superstars James Harden and Joel Embiid and NHL

great Martin Brodeur round out some of the big name investors. #GamblingTrends

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 24 of 31

#OhioLottery,” and linked to a CNBC article titled, “Online lottery ticket company

Jackpot gets funding from top sports executives,” i.e.:

 On June 29, 2022, the NCPG, a non-profit that Jackpocket has received an award

from and works with cooperatively, was corresponding with Jackpocket about its

membership. In so doing, NCPG added a jackpot.com employee email address to the

email thread that otherwise only included Jackpocket employees and was directed

only to Jackpocket, not Jackpot.

INJURY TO JACKPOCKET AND THE PUBLIC

51. Jackpot’s unauthorized use of the JACKPOT Marks have caused confusion and, if

not enjoined, are likely to cause continued and increased confusion, mistake, and deception

between the source of origin of Jackpot, its goods and services, its business, and/or its commercial

activities and Jackpocket, its goods and services, its business, and/or its commercial activities.

52. Jackpot’s actions described above are likely to dilute the distinctive quality of

Jackpocket’s JACKPOCKET Marks and trade names by blurring and/or tarnishment.

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 25 of 31

53. Jackpot’s unauthorized use of the JACKPOT Marks have damaged and irreparably

injured and, if permitted to continue, will further damage and irreparably injure Jackpocket, the

JACKPOCKET Marks, Jackpocket’s reputation and goodwill associated with its marks, and the

public’s interest in being free from confusion, mistake, and deception.

54. Jackpot knew, or should have known, that its unauthorized uses of the JACKPOT

Marks and name violate Jackpocket’s rights in the JACKPOCKET Marks. Thus, Jackpot has acted

knowingly, willfully, in reckless disregard of Jackpocket’s rights, and in bad faith.

55. Jackpocket has no adequate remedy at law.

FIRST CAUSE OF ACTION

FEDERAL TRADEMARK INFRINGEMENT

(15 U.S.C. § 1114(1))

56. Jackpocket repeats and incorporates by reference herein its allegations contained in

paragraphs 1-55 of this Complaint.

57. Without Jackpocket’s consent, Jackpot used and continues to use in commerce

reproductions, copies, and colorable imitations of Jackpocket’s registered JACKPOCKET mark

in connection with the offering, distribution, and advertising of good and services, which is likely

to cause confusion, or to cause mistake, or to deceive, in violation of Section 32(1) of the Lanham

Act, 15 U.S.C. § 1114(1).

SECOND CAUSE OF ACTION

FEDERAL TRADEMARK INFRINGEMENT, FALSE DESIGNATION OF ORIGIN,

AND UNFAIR COMPETITION

(15 U.S.C. § 1125(a)(1)(A))

58. Jackpocket repeats and incorporates by reference herein its allegations contained in

paragraphs 1-57 of this Complaint.

59. Jackpot’s actions described above are likely to cause confusion, mistake, or

deception as to the origin, sponsorship, or approval of Jackpot, Jackpot’s goods and/or services,

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 26 of 31

and/or Jackpot’s commercial activities by or with Jackpocket, and thus constitute trademark

infringement, false designation of origin, passing off, and unfair competition in violation of

Section 43(a)(1)(A) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(A).

THIRD CAUSE OF ACTION

COMMON-LAW TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION

(NEW YORK COMMON LAW)

60. Jackpocket repeats and incorporates by reference herein its allegations contained in

paragraphs 1-59 of this Complaint.

61. Jackpot’s actions described above create the impression in the mind of the public

that Jackpocket is responsible for the quality and performance of Jackpot’s goods and services or

is otherwise affiliated, connected or associated with Jackpot, its goods and services, and/or its

commercial activities and thus Jackpot’s acts constitute common-law trademark and trade name

infringement of Jackpocket’s proprietary rights in its JACKPOCKET Marks, misappropriation of

Jackpocket’s goodwill in the JACKPOCKET Marks, and unfair competition under the common

law of the State of New York, as provided for in N.Y. Gen. Bus. Law § 360(o).

FOURTH CAUSE OF ACTION

VIOLATION OF THE NEW YORK DECEPTIVE TRADE PRACTICES STATUTE

(NEW YORK GENERAL BUSINESS LAW § 349)

62. Jackpocket repeats and incorporates by reference herein its allegations contained in

paragraphs 1-61 of this Complaint.

63. Jackpot’s actions as described above constitute deceptive acts or practices in the

conduct of a business, trade, and commerce, and in the furnishing of a service in New York, in

violation of N.Y. Gen. Bus. Law § 349.

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 27 of 31

FIFTH CAUSE OF ACTION

TRADEMARK DILUTION OF THE JACKPOCKET MARK

(NEW YORK GENERAL BUSINESS LAW § 360)

64. Jackpocket repeats and incorporates by reference herein its allegations contained in

paragraphs 1-63 of this Complaint.

65. The JACKPOCKET Marks are distinctive, widely recognized, and considered

famous by the general consuming public in New York as a designation of source for Jackpocket’s

goods and services.

66. Jackpot’s actions, as described above, all occurring after the JACKPOCKET Marks

became famous, are likely to dilute the distinctive quality of Jackpocket’s famous JACKPOCKET

Marks and trade names by blurring and/or tarnishment and injure Jackpocket’s business reputation,

in violation of N.Y. Gen. Bus. Law § 360-L.

JURY DEMAND

Pursuant to Fed. R. Civ. P. 38, Jackpocket respectfully demands a trial by jury on all issues

properly triable by a jury in this action.

PRAYER FOR RELIEF

WHEREFORE, Jackpocket respectfully requests that this Court enter judgment in its

favor on each and every claim for relief set forth above and award it relief, including the

following:

1. An Order declaring that Jackpot’s use of the JACKPOT Marks infringes

Jackpocket’s JACKPOCKET Marks, dilutes the JACKPOCKET Marks, and constitutes false

advertising and unfair competition, as detailed above;

2. An Order enjoining Jackpot, its officers, directors, employees, agents,

subsidiaries, distributors, dealers, related companies, and all persons in active concert or

participation with any of them:

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 28 of 31

a) From using, registering, or seeking to register any name, mark, logo, trade

name, company name, source identifier, or designation comprised of or

containing the JACKPOCKET Marks or any other confusingly similar name,

mark, logo, trade name, company name, source identifier, or designation

(including JACKPOT) in any manner likely to cause confusion with

Jackpocket’s JACKPOCKET Marks, or to otherwise injure Jackpocket and/or

its reputation;

b) From representing, by any means whatsoever, directly or indirectly, that

Jackpot, its goods and services, and/or its activities originate from, are

sponsored by, or are associated, affiliated, or connected with Jackpocket in

any way; and

c) From assisting, aiding, and/or abetting any other person or entity in engaging

in or performing any of the activities referred to in subparagraphs 3(a) through

3(b) above.

3. An Order requiring Jackpot to immediately retract and destroy all products,

packaging, signage, advertisements, promotional materials, stationary, forms, and/or materials

and things that contain or bear the JACKPOT Marks, and/or any other name, mark, trade name,

company name, source identifier, or designation that contains or is confusingly similar to or

dilutive of Jackpocket’s JACKPOCKET Marks;

4. An Order directing that, within thirty (30) days after the entry of the injunction,

Jackpot file with this Court and serve on Jackpocket’s attorneys a report in writing and under

oath setting forth in detail the manner and form in which Jackpot complied with the injunction;

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 29 of 31

5. An Order requiring Jackpot to account for and pay to Jackpocket all profits

arising from Jackpot’s unlawful acts, and increasing such profits, including trebling them, in

accordance with 15 U.S.C. § 1117 and other applicable laws;

6. An Order requiring Jackpot to pay Jackpocket punitive damages in an amount to

be determined due to the foregoing willful acts of Jackpot;

7. An Order requiring Jackpot to pay Jackpocket damages, in an amount to be

determined (but exceeding $75,000), resulting from Jackpot’s unlawful acts, and trebling such

damages in accordance with 15 U.S.C. § 1117, N.Y. Gen. Bus. Law §§ 349 and 360, and other

applicable laws;

8. An Order requiring Jackpot to pay Jackpocket’s costs and attorneys’ fees in this

action pursuant to 15 U.S.C. § 1117, N.Y. Gen. Bus. Law §§ 349 and 360, and other applicable

laws;

9. An Order requiring Jackpot to pay all available damages pursuant to N.Y. Gen.

Bus. Law §§ 349 and 360; and

10. Other relief as the Court may deem appropriate.

Dated: July 7, 2022

Respectfully submitted,

/s/ Mary Kate Brennan

Mary Kate Brennan

Douglas A. Rettew (pro hac vice to be filed)

Danny M. Awdeh (pro hac vice to be filed)

FINNEGAN, HENDERSON, FARABOW,

GARRETT & DUNNER, LLP

901 New York Avenue, NW

Washington, DC 20001-4413

Tel: (202) 408-4000

Fax: (202) 408-4400

[email protected]

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 30 of 31

Amy Sullivan Cahill

STEPTOE & JOHNSON PLLC

700 N. Hurstbourne Parkway, Suite 115

Louisville, Kentucky 40222

Tel: (502) 423-2054

Fax: (502) 423-2001

amy.cahill@steptoe-johnson.com

Attorneys for Plaintiff

Jackpocket, Inc.

Case 1:22-cv-05772-LJL Document 1 Filed 07/07/22 Page 31 of 31