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COMPLAINT - 1



LAW OFFICES
CALFO EAKES & OSTROVSKY PLLC
1301 SECOND AVENUE, SUITE 2800
SEATTLE, WASHINGTON 98101
TEL, (206) 407-2200 FAX, (206) 407-2224



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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

HARMONY GOLD U.S.A., INC.,

Plaintiff,

v.

HAREBRAINED SCHEMES LLC,
HAREBRAINED HOLDINGS, INC.,
JORDAN WEISMAN, PIRANHA GAMES
INC. and DOES 1–10,

Defendants.

CASE NO.

COMPLAINT
Plaintiff Harmony Gold U.S.A., Inc. (“Harmony Gold”) alleges as follows:
PARTIES
1. Plaintiff Harmony Gold U.S.A., Inc., is a California corporation with its principal
place of business in Los Angeles, California.
2. Defendant Harebrained Schemes LLC is a limited liability company formed under
the laws of the State of Washington with its principal place of business in Kirkland, Washington.
3. Defendant Harebrained Holdings, Inc., is a corporation formed under the laws of
the State of Washington with its principal place of business in Bellevue, Washington. On
information and belief, Harebrained Holdings, Inc., does business under the name Harebrained
Schemes. (Harebrained Schemes LLC and Harebrained Holdings, Inc., are referred to
collectively as “Harebrained Schemes”). Case 2:17-cv-00327-TSZ Document 1 Filed 03/01/17 Page 1 of 18

COMPLAINT - 2



LAW OFFICES
CALFO EAKES & OSTROVSKY PLLC
1301 SECOND AVENUE, SUITE 2800
SEATTLE, WASHINGTON 98101
TEL, (206) 407-2200 FAX, (206) 407-2224



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4. Defendant Jordan Weisman (“Weisman”) is an individual who, on information and
belief, resides in Bellevue, Washington. On further information and belief, Weisman is the CEO
and registered agent for Harebrained Schemes LLC, and is a governor of Harebrained Holdings,
Inc. Weisman is the moving, active and conscious force behind Harebrained Schemes; has
directed and controlled the activities of Harebrained Schemes complained of herein; has
participated in, assisted in and/or is responsible for the conduct alleged herein; and entered into
the Settlement Agreement with Harmony Gold at issue in the breach-of-contract claim set forth
in this Complaint.
5. Defendant Piranha Games Inc. (“Piranha Games”) is a corporation created under
the laws of British Columbia, Canada, with its principal place of business in Vancouver, British
Columbia, Canada.
6. On information and belief, Does 1–10 (collectively, the “Doe Defendants”) are
individuals and business entities who have participated or assisted in the conduct alleged herein
or are otherwise responsible therefor. The identities of these Doe Defendants presently are not
and cannot be known to Harmony Gold, but these persons and/or entities will be added as named
defendants to this action as and when they are identified (collectively, Harebrained Schemes
LLC, Harebrained Holdings, Inc., Weisman, Piranha Games and the Doe Defendants are referred
to herein as “Defendants”).
JURISDICTION AND VENUE
7. This Court has jurisdiction because (i) this action arises under the Copyright Act,
17 U.S.C. § 101 et seq., and jurisdiction is specifically conferred by 28 U.S.C. §§ 1331 and
1338(a); and (ii) this is an action between citizens of different states in which the value of the
amount in controversy exceeds seventy-five thousand dollars ($75,000.00), exclusive of interest
and costs, jurisdiction being conferred in accordance with 28 U.S.C. § 1332. Jurisdiction for the Case 2:17-cv-00327-TSZ Document 1 Filed 03/01/17 Page 2 of 18

COMPLAINT - 3



LAW OFFICES
CALFO EAKES & OSTROVSKY PLLC
1301 SECOND AVENUE, SUITE 2800
SEATTLE, WASHINGTON 98101
TEL, (206) 407-2200 FAX, (206) 407-2224



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Washington State common law claim is conferred in accordance with the principles of
supplemental jurisdiction pursuant to 28 U.S.C. § 1367(a).
8. Venue is proper in this Court under 28 U.S.C. § 1391(b)(1) in that Defendants
Harebrained Schemes LLC, Harebrained Holdings, Inc., and Weisman reside in this judicial
district. Venue is proper under 28 U.S.C. § 1391(c)(3) in that Defendant Piranha Games is a
foreign resident based in Vancouver, British Columbia, Canada, and on information and belief
there is no other judicial district in which venue would be more appropriate. Venue is also proper
under 28 U.S.C. § 1391(b)(2) as a substantial part of the events or omissions giving rise to the
claims herein occurred in this judicial district.
FACTS
Harmony Gold and the History of “Robotech”
9. This case involves animated giant warrior robots. In about 1980, Japan-based
Tatsunoko Production Company, Ltd. (“Tatsunoko”), created a series of original warrior robots
and incorporated them into an animated television series in Japan named “Macross.” Tatsunoko
was the exclusive owner and producer of the Macross television series in Japan.
10. In the 1980s, Tatsunoko produced two additional animated television series in
Japan that incorporated its futuristic warrior robots — “Mospeada” and “The Southern Cross”—
for which it was also the exclusive owner in Japan.
11. In 1984, Tatsunoko granted entertainment production company Harmony Gold an
exclusive license to adapt the Macross, Mospeada and The Southern Cross series for a television
series in the United States, which Harmony Gold named “Robotech.” In 1985, the first of 85
episodes of the Harmony Gold-produced Robotech animated series aired in the United States.
(Hereinafter, all of Harmony Gold’s Macross, Mospeada, The Southern Cross and Robotech
shows, characters, products and derivative works are referred to as “Robotech.”) Case 2:17-cv-00327-TSZ Document 1 Filed 03/01/17 Page 3 of 18

COMPLAINT - 4



LAW OFFICES
CALFO EAKES & OSTROVSKY PLLC
1301 SECOND AVENUE, SUITE 2800
SEATTLE, WASHINGTON 98101
TEL, (206) 407-2200 FAX, (206) 407-2224



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12. Tatsunoko also granted Harmony Gold an exclusive license to market in the
United States products incorporating Robotech warrior robots, such as books, toys, video games,
films, comic books and apparel. Harmony Gold possesses this exclusive license to this day.
13. Harmony Gold and Tatsunoko are owners of a large portfolio of United States
Copyright Registrations for animated programs, books, comic books and other materials
incorporating images of the Robotech warrior robots, including the following:
i “Macross: Booby Trap” (PA 252,486); February 7, 1985 registration date
i “Mospeada” (PAu 740,321); March 28, 1985 registration date
i “Southern Cross” (PAu 740,322); March 28, 1985 registration date
i “Macross” (PAu 740,323); March 28, 1985 registration date
i “Robotech” (PA 260,432); August 22, 1985 registration date
i “Robotech II: The Sentinels” (PA 370,656); August 11, 1987 registration date
i “Robotech II: The Sentinels; Episodes 1, 2 and 3” (PAu 1,117,191); August 11, 1987
registration date
i “Robotech 3000” (PAu 2,415,945); May 26, 1999 registration date
The certificates for these registrations are attached as Exhibit A.
14. The warrior robots depicted in the Robotech copyright registrations owned by
Harmony Gold include, but are not limited to, the following:
Case 2:17-cv-00327-TSZ Document 1 Filed 03/01/17 Page 4 of 18

COMPLAINT - 5



LAW OFFICES
CALFO EAKES & OSTROVSKY PLLC
1301 SECOND AVENUE, SUITE 2800
SEATTLE, WASHINGTON 98101
TEL, (206) 407-2200 FAX, (206) 407-2224



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Robotech Warrior Robot Name Robotech Warrior Robot Image
Armored Valkyrie

Destroid Defender

Destroid Phalanx



Case 2:17-cv-00327-TSZ Document 1 Filed 03/01/17 Page 5 of 18

COMPLAINT - 6



LAW OFFICES
CALFO EAKES & OSTROVSKY PLLC
1301 SECOND AVENUE, SUITE 2800
SEATTLE, WASHINGTON 98101
TEL, (206) 407-2200 FAX, (206) 407-2224



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Destroid Spartan

Destroid Tomahawk

Officer’s Pod (Glaug)



Case 2:17-cv-00327-TSZ Document 1 Filed 03/01/17 Page 6 of 18

COMPLAINT - 7



LAW OFFICES
CALFO EAKES & OSTROVSKY PLLC
1301 SECOND AVENUE, SUITE 2800
SEATTLE, WASHINGTON 98101
TEL, (206) 407-2200 FAX, (206) 407-2224



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Super Valkyrie

Valkyrie VF-1A

Valkyrie VF-1S



Case 2:17-cv-00327-TSZ Document 1 Filed 03/01/17 Page 7 of 18

COMPLAINT - 8



LAW OFFICES
CALFO EAKES & OSTROVSKY PLLC
1301 SECOND AVENUE, SUITE 2800
SEATTLE, WASHINGTON 98101
TEL, (206) 407-2200 FAX, (206) 407-2224



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15. Harmony Gold has the exclusive right to make copies of, distribute, publicly
perform, display and make derivative works of the Robotech warrior robots in the United States.
Harmony Gold’s Prior Litigation Against Weisman
16. In 1995, Harmony Gold filed a copyright infringement and unfair competition
complaint against FASA Corporation, which was owned by Weisman, and Virtual World
Entertainment for infringement of the Robotech copyrights by the warrior robot designs in the
defendants’ “BattleTech” virtual reality computer games, role playing games, merchandise and a
planned animated television series and toy line.
17. This prior litigation concluded when the parties agreed to a “Settlement
Agreement and Mutual General Release” (the “Settlement Agreement”), which had an effective
date of December 19, 1996, and to which Weisman was a signatory. In addition to agreeing to a
monetary payment, Weisman and his co-defendants agreed that they would not “make any use,
and will not authorize [their] licensees to make any use, of the visual design images of the twelve
(12) Battlemechs listed below except as provided in this agreement.” These 12 “Battlemechs”
include those detailed below in Paragraph 27, which presents side-by-side comparisons of
Harebrained Schemes’ and Weisman’s current warrior robot designs and the corresponding
Harmony Gold Robotech designs. Weisman also agreed to the entry of a permanent injunction
and acknowledged that violating the use restriction would cause Harmony Gold “irreparable
harm.” Further, Weisman agreed that he would not “contest, nor [would he] assist any other
person or entity in contesting, Harmony Gold’s exclusive ownership worldwide, excluding
Japan,” of the Robotech merchandising rights. This Settlement Agreement is confidential, and
therefore has not been attached to this Complaint.
Current Unauthorized Copying by Defendant Piranha Games
18. Defendant video game production company Piranha Games developed and
distributes an online game named “MechWarrior Online” incorporating warrior robots, which it Case 2:17-cv-00327-TSZ Document 1 Filed 03/01/17 Page 8 of 18

COMPLAINT - 9



LAW OFFICES
CALFO EAKES & OSTROVSKY PLLC
1301 SECOND AVENUE, SUITE 2800
SEATTLE, WASHINGTON 98101
TEL, (206) 407-2200 FAX, (206) 407-2224



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calls “A BattleTech Game.” In April 2013, Piranha Games submitted a proposed design to
Harmony Gold for an animated warrior robot for use in MechWarrior Online to get an opinion
from Harmony Gold if this new design infringed Harmony Gold’s Robotech copyrights.
Harmony Gold determined that Piranha Games’ design was derivative of its copyrighted
Destroid Tomahawk warrior robot, and Harmony Gold’s outside counsel sent an e-mail to
Piranha Games’ founder and president Russ Bullock informing him of that decision. On
information and belief, Piranha Games never used this proposed 2013 design.
19. In May 2013, Mr. Bullock sent another proposed design for a MechWarrior
Online warrior robot to Harmony Gold’s counsel. Harmony Gold determined that Piranha
Games’ new design was derivative of Harmony Gold’s copyrighted Zentradei OBP warrior
robot, and therefore infringed Harmony Gold’s registered copyrights. Harmony Gold’s counsel
again informed Mr. Bullock of that determination via e-mail. On information and belief, Piranha
Games never used this other proposed 2013 design.
20. In July 2016, Harmony Gold discovered infringing images that were derivative
works of its Destroid Tomahawk warrior robot featured on the website of Catalyst Game Labs
(“Catalyst”), a purveyor of board games. A blog post from Catalyst reads, “It’s been an absolute
blast working withy [sic] Matt Newman, Russ Bullock (and of course their whole great team)
generating these lore vignettes.” The following image of the infringing robot warriors appeared
on the blog post by Catalyst:


Case 2:17-cv-00327-TSZ Document 1 Filed 03/01/17 Page 9 of 18

COMPLAINT - 10



LAW OFFICES
CALFO EAKES & OSTROVSKY PLLC
1301 SECOND AVENUE, SUITE 2800
SEATTLE, WASHINGTON 98101
TEL, (206) 407-2200 FAX, (206) 407-2224



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21. Harmony Gold’s counsel immediately e-mailed Mr. Bullock regarding this
infringement, and in his response Mr. Bullock admitted that Piranha Games had developed these
warrior robot designs, and that Catalyst created fan fiction around these designs. He also wrote:
“At Piranha we make no claim to any use or legal right to the Robotech Macross designs that are
owned by Harmony Gold.”
22. Despite Mr. Bullock’s admission that Piranha Games does not have the right to
use Harmony Gold’s copyrighted Robotech designs, Piranha Games is doing exactly that without
Harmony Gold’s permission. Piranha Games operates a website for its MechWarrior Online
game at www.mwomercs.com. On this site, Piranha Games displays the following images of
robot warriors that infringe Harmony Gold’s copyrights and that appear to be used in the
MechWarrior Online game:

Piranha Games’ Infringing Image Harmony Gold’s Copyrighted Image

(Rifleman)


(Destroid Defender)

Case 2:17-cv-00327-TSZ Document 1 Filed 03/01/17 Page 10 of 18

COMPLAINT - 11



LAW OFFICES
CALFO EAKES & OSTROVSKY PLLC
1301 SECOND AVENUE, SUITE 2800
SEATTLE, WASHINGTON 98101
TEL, (206) 407-2200 FAX, (206) 407-2224



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(Archer)

(Destroid Spartan)
(Warhammer)

(Destroid Tomahawk)




Case 2:17-cv-00327-TSZ Document 1 Filed 03/01/17 Page 11 of 18

COMPLAINT - 12



LAW OFFICES
CALFO EAKES & OSTROVSKY PLLC
1301 SECOND AVENUE, SUITE 2800
SEATTLE, WASHINGTON 98101
TEL, (206) 407-2200 FAX, (206) 407-2224



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(Marauder/Marauder IIC)
(Officer’s Pod/Glaug)

(Phoenix Hawk)

(Super Valkyrie)

23. On October 3, 2016, Harmony Gold’s counsel sent a letter to Mr. Bullock and
Weisman (as MechWarrior Online is branded as “A BattleTech Game”), demanding that this
infringement stop, and demanding that Mr. Bullock and Weisman disclose the relationship
between Piranha Games and Harebrained Schemes for the creation of MechWarrior Online.
Piranha Games retained U.S. counsel and denied that the robot warriors in MechWarrior Online
infringe Harmony Gold’s copyrights.
24. To this date, Piranha Games’ infringement continues.



Case 2:17-cv-00327-TSZ Document 1 Filed 03/01/17 Page 12 of 18

COMPLAINT - 13



LAW OFFICES
CALFO EAKES & OSTROVSKY PLLC
1301 SECOND AVENUE, SUITE 2800
SEATTLE, WASHINGTON 98101
TEL, (206) 407-2200 FAX, (206) 407-2224



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Current Unauthorized Copying by Defendants Harebrained Schemes and Weisman
25. Defendant video game production studio Harebrained Schemes is in the process
of developing a new PC video game named “BattleTech.” The BattleTech website at
www.battletechgame.com reads, “Jordan Weisman, the creator of BattleTech and MechWarrior,
is back with the first turn-based BattleTech game for PC in over two decades. BATTLETECH
will feature modern turn-based combat, PVP multiplayer, and a story-driven, Mercenaries-style
campaign set in the 3025 era of the BattleTech universe.”
26. Harebrained Schemes held two crowdfunding campaigns for its BattleTech game.
As of February 28, 2017, its Kickstarter campaign had raised $2,785,537.13 from 41,733
backers, and its BackerKit campaign had raised $372,387.95 from 48,681 backers.
27. On its websites at www.harebrained-schemes.com and www.battletechgame.com,
Harebrained Schemes displays the following images of robot warriors that infringe Harmony
Gold’s copyrights. On information and belief, these are depictions of the warrior robots that will
be featured in the upcoming BattleTech video game:
Harebrained Schemes’ Infringing Image Harmony Gold’s Original Image
(Officer’s Pod/Glaug)


Case 2:17-cv-00327-TSZ Document 1 Filed 03/01/17 Page 13 of 18

COMPLAINT - 14



LAW OFFICES
CALFO EAKES & OSTROVSKY PLLC
1301 SECOND AVENUE, SUITE 2800
SEATTLE, WASHINGTON 98101
TEL, (206) 407-2200 FAX, (206) 407-2224



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(Armored Valkyrie)
(Destroid Spartan)

28. Joe DiNunzio, Chief Financial Officer for Harebrained Holdings, Inc., responded
on November 7, 2016, to the October 3, 2016, letter from Harmony Gold’s counsel described
above in Paragraph 23. In that letter, he claimed that, “Our use of these designs and images is
solely through licenses we have obtained from Piranha Games. Our relationship with Piranha
Games is solely as a licensee of certain intellectual property.”



Case 2:17-cv-00327-TSZ Document 1 Filed 03/01/17 Page 14 of 18

COMPLAINT - 15



LAW OFFICES
CALFO EAKES & OSTROVSKY PLLC
1301 SECOND AVENUE, SUITE 2800
SEATTLE, WASHINGTON 98101
TEL, (206) 407-2200 FAX, (206) 407-2224



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29. Subsequently, on November 18, 2016, counsel for Weisman and Harebrained
Schemes responded to the October 3 letter from Harmony Gold’s counsel as follows:
HBS entered into a license agreement with Piranha Games to license certain
content for use in a HBS game. We have certain confidentiality obligations with
respect to the license agreement so we cannot comment as to specific details.
However, we can say that the license agreement makes general commitments
about Piranha’s rights in the licensed materials provided to HBS, but that the
parties did not specifically address the ownership of the 2016 designs.
30. To this date, Harebrained Schemes’ and Weisman’s infringement continues.
COUNT I
COPYRIGHT INFRINGEMENT — ALL DEFENDANTS
31. Harmony Gold repeats and realleges the allegations contained in Paragraphs 1
through 30 as if fully set forth herein.
32. Harmony Gold owns the copyrights to numerous Robotech warrior robots,
including those identified above.
33. Defendants have infringed Harmony Gold’s copyrights to these warrior robots
through their unauthorized copying, distribution and display of warrior robots that are
substantially similar to those owned by Harmony Gold, and that are derivative of the copyrighted
Robotech warrior robots owned by Harmony Gold.
34. Defendants had access to Harmony Gold’s copyrighted Robotech images prior to
Defendants’ unauthorized and infringing uses of the images.
35. Defendants’ actions have irreparably damaged and, unless enjoined, will continue
to irreparably damage Harmony Gold. Harmony Gold has no adequate remedy at law for these
wrongs and injuries. Harmony Gold is, therefore, entitled to a preliminary and permanent
injunction restraining and enjoining Defendants and their agents, servants, employees, attorneys
and all persons acting in concert with them from infringing Harmony Gold’s copyrights.
36. Defendants have infringed Harmony Gold’s copyrights willfully. Case 2:17-cv-00327-TSZ Document 1 Filed 03/01/17 Page 15 of 18

COMPLAINT - 16



LAW OFFICES
CALFO EAKES & OSTROVSKY PLLC
1301 SECOND AVENUE, SUITE 2800
SEATTLE, WASHINGTON 98101
TEL, (206) 407-2200 FAX, (206) 407-2224



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37. Harmony Gold is entitled to recover damages sustained from Defendants’
unlawful conduct, including Defendants’ profits; Harmony Gold’s damages; or, alternatively, at
Harmony Gold’s election, statutory damages.
COUNT II
(BREACH OF CONTRACT AGAINST WEISMAN AND
HAREBRAINED SCHEMES)
38. Harmony Gold repeats and realleges the allegations contained in Paragraphs 1
through 30 as if fully set forth herein.
39. Harmony Gold and Weisman entered into a contract (i.e., the Settlement
Agreement) in December 1996, which is still valid and in effect today. The Settlement
Agreement prohibits Weisman from using colorable imitations of certain Robotech warrior
robots owned by Harmony Gold, including making derivative works of these warrior robots.
40. As shown in Paragraphs 25–30 above, Weisman, through and with Harebrained
Schemes, has created and announced plans to copy, display and distribute warrior robots that are
unauthorized derivative works of Harmony Gold’s Robotech warrior robots which Weisman
agreed in the Settlement Agreement not to use. Therefore, under the law of the State of
Washington, Weisman and Harebrained Schemes have breached the Settlement Agreement.
41. As a result of this breach of the Settlement Agreement through Weisman’s own
actions and those of his company Harebrained Schemes, Harmony Gold has suffered and is
suffering monetary damages in an amount to be determined at trial.
Case 2:17-cv-00327-TSZ Document 1 Filed 03/01/17 Page 16 of 18

COMPLAINT - 17



LAW OFFICES
CALFO EAKES & OSTROVSKY PLLC
1301 SECOND AVENUE, SUITE 2800
SEATTLE, WASHINGTON 98101
TEL, (206) 407-2200 FAX, (206) 407-2224



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PRAYER FOR RELIEF
WHEREFORE, Harmony Gold prays that the Court:
1. Preliminarily and permanently enjoin Defendants, their agents, servants,
employees, attorneys and all those acting in concert with them from infringing Harmony Gold’s
copyrights;
2. Award Harmony Gold its damages or Defendants’ profits, or alternatively, at
Harmony Gold’s election, statutory damages, as a result of Defendants’ infringement of
Harmony Gold’s copyrights;
3. Award Harmony Gold its monetary damages it has incurred on account of
Harebrained Schemes’ and Weisman’s breach of the Settlement Agreement;
4. Issue an order requiring Harebrained Schemes and Weisman, their agents,
servants, employees, attorneys and all those acting in concert with them to abide by the
Settlement Agreement;
5. Award Harmony Gold its costs and reasonable attorney’s fees in this action; and
6. Award Harmony Gold such other and further relief as the Court deems just and
proper.
///
///
/// Case 2:17-cv-00327-TSZ Document 1 Filed 03/01/17 Page 17 of 18

COMPLAINT - 18



LAW OFFICES
CALFO EAKES & OSTROVSKY PLLC
1301 SECOND AVENUE, SUITE 2800
SEATTLE, WASHINGTON 98101
TEL, (206) 407-2200 FAX, (206) 407-2224



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DATED: March 1, 2017






Respectfully submitted,

CALFO EAKES & OSTROVSKY PLLC

By s/ Damon C. Elder
Damon C. Elder, WSBA #46754
Andrew R.W. Hughes, WSBA #49515
1301 Second Avenue, Suite 2800
Seattle, WA 98101-3808
Phone: (206) 407-2200
Fax: (206) 407-2224
Email: [email protected]
[email protected]


Brett A. August (pro hac vice to be filed)
[email protected]
Jason Koransky (pro hac vice to be filed)
[email protected]
Pattishall, McAuliffe, Newbury, Hilliard &
Geraldson LLP
200 South Wacker Drive, Suite 2900
Chicago, Illinois 60606
Telephone: (312) 554-8000
Facsimile: (312) 554-8015

Attorneys for Plaintiff Harmony Gold U.S.A.,
Inc.

Case 2:17-cv-00327-TSZ Document 1 Filed 03/01/17 Page 18 of 18