Lawsuit: Adjourned Burntburger v. Xmanclub1208YT [2021] DCR 28

[Piluskin]

Burntburger (Piluskin representing - Apex Law Firm)
Plaintiff

v.

Xmanclub1208YT
Defendant

COMPLAINT

The plaintiff complains against the Defendant as follows: The plaintiff, Burntburger, established a company, “Target”, via in-game registration on the server. The defendant, Xmanclub1208YT, has registered the same exam company name, “Target”, via forum company registration before registering the name in-game. The defendant did this months after the name "Target" had already been claimed by the plaintiff. Initially, this brought up problems on the Target registration posting on the forums, and, as a response to the plaintiff’s claim over “Target”, the defendant changed his in-game company name to “TargetLLC”. As 11.0 Business dictates, no companies can be too similar to another in name, and, nowhere in law does it say that a business is mandated to register itself on the DEC subforum in order to establish itself as an operational business. Thus, the plaintiff issues a lawsuit to remove the registration of “Target” from the DEC subforum and remove “TargetLLC” or any similar in-game company name from the in-game company registry owned by the defendant.

I. PARTIES

1. Burntburger (Piluskin Representing) - Plaintiff
2. Xmanclkub1208YT - Defendant

II. FACTS
1) The plaintiff registered “Target” as a company in-game on 05/12//2021
2) The defendant registered “Target” on the DEC subforum on 07/18/2021
3) As Per 11.0 Business, “Your company’s name can’t be similar to another one”
4) The DEC did not wish to decide on this dispute and left the decision to the courts despite claiming the client's business was not an official one since it has not been registered on the forums.

III. CLAIMS FOR RELIEF
Nowhere in business law does it indicate that registration on the subforum is necessary to become an official business. Therefore, the plaintiff's claim over "Target" is legitimate as he was first to register in-game. As per the facts, the company registered by the defendant’s name is too close to the plaintiff’s company name and is therefore is breaking the law: 11.0 Business

IV. PRAYER FOR RELIEF
1) The defendant will disband the DEC registered business named “Target” and any in-game company with a similar name
2) As Per 11.0 Business, "the maximum fine is $20,000 + fine of Company Funds + 60 minutes in jail for any offences violated in this section"
a. The plaintiff requests $1,000 + legal fees ($400) for a total of $1,400

(Evidence attached below)



By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: This 26th day of June, 2021

 

[Matthew100x]

IN THE COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS

The defendant @Xmanclub1208YT is required to appear before the court in the case of Burntburger (Piluskin representing) v. Xmanclub1208YT. Failure to appear within 72 hours of this summons will result in a default judgment in favour of the plaintiff.

I'd also like to remind both parties to be aware of the Court Rules and Procedures, including the option of an in-game trial should both parties request one. If you do not know what to do, please find a lawyer for representation within the court.​

 

[Piluskin]

Your honor, with all do respect, it has been more than 72 hours and the defense has not responded to the summons.

 

[Matthew100x]

Undersood, I am unfortunately on vacation so I will be putting this court into recess for 48 hours. I will deliver a default judgment when I return home and have access to a computer.

 

[Matthew100x]

Verdict

Since the Defendant failed to appear in court in the 72 hours allotted to them, this court will be proceeding to a default judgment.

I will be proceeding with the plaintiff's prayer for relief and granting it.

I am writing a Writ of Mandamus for the DEC to duly deregister "Target" owned by Xmanclub1208YT on the forums and register "Target" owned by Burntburger.

I am not sure if Xmanclub1208YT still plays or not but I am asking for the DEC and DOJ to monitor the website and game to make sure that he does not claim to own the company name Target.

In cases like these, the Intellectual Property Act is the go-to law in regards to copyright, trademark, and intellectual property protection. I am not sure at what step does a company receives trademark protection, but I believe it is fair to say in this case that active defense of the trademark + ownership of the ingame company allows for the Plaintiff to defend their company's name.

However, there are real-world ramifications to having a well-known company being the trademark name for a virtual business. Please be aware that if the server is requested by outside agents telling us that we do not have permission to be real-world corporation names for our businesses then the Court may have to write another Writ of Mandamus to the DEC asking them to deregister your company.

I am requesting that the DoJ please transfer $1,400 dollars from Xmanclub1208YT and transfer it to Burntburger.