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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 1

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
The Honorable Thomas S. Zilly












UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE


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

Plaintiff,

v.

HAREBRAINED SCHEMES LLC,
HAREBRAINED HOLDINGS, INC., JORDAN
WEISMAN, PIRANA GAMES INC.,
INMEDIARES PRODUCTIONS, LLC and
DOES 1-10,

Defendants.


Case No. 2:17-cv-00327

ANSWER TO AMENDED
COMPLAINT

ANSWER
Defendants Harebrained Holdings, Inc., Harebrained Schemes, LLC, and Jordan
Weisman (collectively, the “Harebrained Defendants”) answer Plaintiff’s Amended Complaint
as follows. To the extent that any allegation in the complaint is not specifically admitted, the
allegation is denied.
PARTIES
1. Plaintiff Harmony Gold U.S.A., Inc., is a California corporation with its
principal place of business in Los Angeles, California. Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 1 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 2

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
ANSWER: The Harebrained Defendants lack knowledge or information sufficient to
form a belief about the truth of the allegations in this paragraph, and on that basis deny them.

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.
ANSWER: The Harebrained Defendants admit Harebrained Schemes LLC is a
Washington limited liability company with a place of business in Kirkland, Washington. The
Harebrained Defendants deny the allegations of this paragraph that are otherwise inconsistent
with the above admission(s).

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”).
ANSWER: The Harebrained Defendants admit Harebrained Holdings Inc. is
incorporated under the laws of the state of Washington with a place of business in Bellevue,
Washington. The Harebrained Defendants deny the remaining allegations in this paragraph.

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 Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 2 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 3

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
entered into the Settlement Agreement with Harmony Gold at issue in the breach-of-contract
claim set forth in this Complaint.
ANSWER: The Harebrained Defendants admit Jordan Weisman is an individual who
resides in Bellevue, Washington, and that Mr. Weisman is the CEO and registered agent for
Harebrained Schemes LLC. The Harebrained Defendants also admit Mr. Weisman signed a
document entitled “Settlement Agreement and Mutual General Release” on December 10,
1996. The Harebrained Defendants deny the remaining allegations in this paragraph.

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.
ANSWER: The Harebrained Defendants lack knowledge or information sufficient to
form a belief about the truth of the allegations in this paragraph, and on that basis deny them.

6. Defendant InMediaRes Productions, LLC, is a limited liability company formed
under the laws of the State of Washington, with its principal place of business in Lake Stevens,
Washington. On information and belief, InMediaRes Productions, LLC, operates the imprint
game production company Catalyst Game Labs, and hereinafter is referred to as “Catalyst
Game Labs”.
ANSWER: The Harebrained Defendants lack knowledge or information sufficient to
form a belief about the truth of the allegations in this paragraph, and on that basis deny them.

7. 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 Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 3 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 4

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
Schemes LLC, Harebrained Holdings, Inc., Weisman, Piranha Games, Catalyst Game Labs and
the Doe Defendants are referred to herein as “Defendants”).
ANSWER: The Harebrained Defendants lack knowledge or information sufficient to
form a belief about the truth of the allegations in this paragraph, and on that basis deny them.

JURISDICTION AND VENUE
8. 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 Washington State common law claim is conferred in accordance with the
principles of supplemental jurisdiction pursuant to 28 U.S.C. § 1367(a).
ANSWER: The allegations in this paragraph are legal conclusions to which no
response is required. To the extent a response is required, the Harebrained Defendants deny the
allegations.

9. Venue is proper in this Court under 28 U.S.C. § 1391(b)(1) in that Defendants
Harebrained Schemes LLC, Harebrained Holdings, Inc., Weisman and Catalyst Game Labs
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.
ANSWER: The Harebrained Defendants admit they reside in this judicial district. The
remaining allegations in this paragraph are legal conclusions to which no response is required. Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 4 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 5

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
To the extent a response is required, the Harebrained Defendants deny the remaining
allegations.

FACTS
Harmony Gold and the History of “Robotech”
10. 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.
ANSWER: The Harebrained Defendants admit the Complaint appears to allege claims
involving animated giant warrior robots. The Harebrained Defendants lack knowledge or
information sufficient to form a belief about the truth of the allegations in this paragraph, and
on that basis deny them.

11. 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.
ANSWER: The Harebrained Defendants lack knowledge or information sufficient to
form a belief about the truth of the allegations in this paragraph, and on that basis deny them.

12. 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 38 Filed 05/15/17 Page 5 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 6

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
ANSWER: The Harebrained Defendants lack knowledge or information sufficient to
form a belief about the truth of the allegations in this paragraph, and on that basis deny them.

13. 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.
ANSWER: The Harebrained Defendants lack knowledge or information sufficient to
form a belief about the truth of the allegations in this paragraph, and on that basis deny them.

14. 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. Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 6 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 7

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
ANSWER: The Harebrained Defendants admit there are documents attached as Exhibit
A to the complaint that appear to be copies of copyright registrations. The Harebrained
Defendants lack knowledge or information sufficient to form a belief about the truth of the
remaining allegations in this paragraph, and on that basis deny them.

15. The warrior robots depicted in the Robotech copyright registrations owned by
Harmony Gold include, but are not limited to, the following:

Robotech Warrior Robot Name Robotech Warrior Robot Image
Armored Valkyrie

Destroid Defender


Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 7 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 8

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
Destroid Phalanx

Destroid Spartan

Destroid Tomahawk



Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 8 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 9

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
Officer’s Pod (Glaug)

Super Valkyrie

Valkyrie VF-1A



Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 9 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 10

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
ValkyrieVF-1S

ANSWER: The Harebrained Defendants lack knowledge or information sufficient to
form a belief about the truth of the allegations in this paragraph, and on that basis deny them.

16. 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.
ANSWER: The Harebrained Defendants lack knowledge or information sufficient to
form a belief about the truth of the allegations in this paragraph, and on that basis deny them.

Harmony Gold’s Prior Litigation Against Weisman
17. 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.
ANSWER: The Harebrained Defendants admit Harmony Gold USA, Inc. filed suit
against FASA Corporation in or around 1995 alleging copyright infringement. The
Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 10 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 11

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
Harebrained Defendants presently lack knowledge or information sufficient to form a belief
about the truth of the remaining allegations in this paragraph, and on that basis denies them.

18. 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 28, 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.
ANSWER: The Harebrained Defendants admit Mr. Weisman signed a document
entitled “Settlement Agreement and Mutual General Release” on December 10, 1996. To the
extent the remainder of the paragraph purports to interpret and give legal effect to that
document, such allegations are legal conclusions to which no response is required. To the
extent a response is required, the Harebrained Defendants deny the remaining allegations.

Current Unauthorized Copying by Defendant Piranha Games
19. Defendant video game production company Piranha Games developed and
distributes an online game named “MechWarrior Online” incorporating warrior robots, which it
calls “A BattleTech Game.” In April 2013, Piranha Games submitted a proposed design to Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 11 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 12

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
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.
ANSWER: The Harebrained Defendants admit Piranha Games is a video game
production company that developed and distributes an online game named “MechWarrior
Online,” a game which incorporates warrior robots and is referred to as “A BattleTech Game.”
The Harebrained Defendants lack knowledge or information sufficient to form a belief about
the truth of the remaining allegations in this paragraph, and on that basis deny them.

20. 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.
ANSWER: The Harebrained Defendants lack knowledge or information sufficient to
form a belief about the truth of the allegations in this paragraph, and on that basis deny them.

21. 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,
a purveyor of board games. A blog post from Catalyst Game Labs 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 38 Filed 05/15/17 Page 12 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 13

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax

ANSWER: The Harebrained Defendants lack knowledge or information sufficient to
form a belief about the truth of the allegations in this paragraph, and on that basis deny them.

22. 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 Game Labs 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.”
ANSWER: The Harebrained Defendants lack knowledge or information sufficient to
form a belief about the truth of the allegations in this paragraph, and on that basis deny them.

23. 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:

Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 13 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 14

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
Piranha Games’ Infringing Image Harmony Gold’s Copyrighted Image
(Rifleman)

Destroid Defender
(Archer)
Destroid Spartan



Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 14 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 15

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
(Warhammer)
Destroid Tomahawk
(Marauder/Marauder IIC) Officer’s Pod (Glaug)



Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 15 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 16

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
(Phoenix Hawk)
Super Valkyrie
ANSWER: The Harebrained Defendants lack knowledge or information sufficient to
form a belief about the truth of the allegations in this paragraph, and on that basis deny them.

24. 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.
ANSWER: The Harebrained Defendants admit Harmony Gold’s counsel sent a letter to
Mr. Weisman on or around October 3, 2016. That letter speaks for itself, and the Harebrained
Defendants deny the allegations in this paragraph to the extent they solely characterize or
purport to describe the contents of that letter. The Harebrained Defendants lack knowledge or
information sufficient to form a belief about the truth of the allegations in this paragraph, and
on that basis deny them.


Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 16 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 17

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
25. To this date, Piranha Games’ infringement continues.
ANSWER: The Harebrained Defendants lack knowledge or information sufficient to
form a belief about the truth of the allegations in this paragraph, and on that basis deny them.

Current Unauthorized Copying by Defendants Harebrained Schemes and Weisman
26. 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.battletcchgame.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.”
ANSWER: The Harebrained Defendants admit Harebrained Schemes is developing a
PC video game, and that the website at www.battletechgame.com contains certain statements
about Mr. Weisman and the game. Those statements speak for itself. The Harebrained
Defendants deny the allegations of this paragraph that are otherwise inconsistent with the above
admissions.

27. 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 $433,058.95 from 49,404 backers.
ANSWER: The Harebrained Defendants admit Harebrained Schemes held several
crowdfunding campaigns for its BattleTech game. The Harebrained Defendants lack
knowledge or information sufficient to form a belief about the truth of the remaining
allegations in this paragraph, and on that basis deny them.

28. On its websites at www.harebrained-schemes.com and
www.battletechgame.com, Harebrained Schemes displays the following images of robot Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 17 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 18

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
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’




Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 18 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 19

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
Destroid Spartan

ANSWER: The Harebrained Defendants admit Harebrained Schemes operates
www.harebrained-schemes.com and www.battletechgame.com. The Harebrained Defendants
deny that any of the images purported in this paragraph to be displayed by Harebrained
Schemes on certain websites infringe any valid, existing copyright of Harmony Gold. The
Harebrained Defendants deny the remaining allegations in this paragraph.

29. 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 24. 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.”
ANSWER: The Harebrained Defendants admit that on or around November 7, 2016,
Joe DiNunzio wrote a letter to Harmony Gold’s counsel. That letter speaks for itself. The
Harebrained Defendants deny the allegations of this paragraph that are otherwise inconsistent
with the above admissions.


Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 19 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 20

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
30. 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.
ANSWER: The Harebrained Defendants admit that on or around November 18, 2016,
counsel for Harebrained Schemes and Mr. Weisman wrote a letter to Harmony Gold’s counsel.
That letter speaks for itself. The Harebrained Defendants deny the allegations of this paragraph
that are otherwise inconsistent with the above admissions.

31. To this date, Harebrained Schemes’ and Weisman’s infringement continues.
ANSWER: The Harebrained Defendants deny the allegations in this paragraph.

Current Unauthorized Copying By Defendant Catalyst Game Labs
32. Catalyst Game Labs produces a board game and roleplaying game named
“BattleTech.”
ANSWER: The Harebrained Defendants lack knowledge or information sufficient to
form a belief about the truth of the allegations in this paragraph, and on that basis deny them.

33. For its BattleTech game, Catalyst Game Labs develops, releases, distributes and
sells sourcebooks to create new playing scenarios for players of the game. In 2016, Catalyst
Game Labs released a BattleTech sourcebook named “Combat Manual: Mercenaries.” This
sourcebook contains numerous images of robot warriors that infringe Harmony Gold’s
copyrights, including the following: Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 20 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 21

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
Catalyst Game Labs’ Infringing Image in
Combat Manual: Mercenaries
Harmony Gold’s Copyrighted Image
(Destroid Tomahawk)

(Officer’s Pod/Glaug)


Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 21 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 22

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
(Destroid Tomahawk)
(Destroid Tomahawk)
(Destroid Tomahawk)





Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 22 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 23

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
(Destroid Tomahawk)
(Destroid Tomahawk)
(Destroid Tomahawk)





Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 23 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 24

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
ANSWER: The Harebrained Defendants lack knowledge or information sufficient to
form a belief about the truth of the allegations in this paragraph, and on that basis deny them.

34. Catalyst Game Labs also develops, releases, distributes and sells new rule books
for its BattleTech game. In 2016, it released a new rule book named “BattleTech: Campaign
Operations.” This rule book contains several images of robot warriors that infringe Harmony
Gold’s copyrights, including the following:
Catalyst Game Labs’ Infringing Image in
BattleTech Manual: Campaign Operations
Harmony Gold’s Copyrighted Image
(Officer’s Pod/Glaug)




Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 24 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 25

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
(Destroid Tomahawk)
(Destroid Spartan)

ANSWER: The Harebrained Defendants lack knowledge or information sufficient to
form a belief about the truth of the allegations in this paragraph, and on that basis deny them.

COUNT I
COPYRIGHT INFRINGEMENT — ALL DEFENDANTS
35. Harmony Gold repeats and realleges the allegations contained in Paragraphs 1
through 34 as if fully set forth herein.



Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 25 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 26

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
ANSWER: The Harebrained Defendants repeats and incorporates by references each of
its above responses to those paragraphs.

36. Harmony Gold owns the copyrights to numerous Robotech warrior robots,
including those identified above.
ANSWER: The Harebrained Defendants lack knowledge or information sufficient to
form a belief about the truth of the allegations in this paragraph, and on that basis deny them.

37. 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.
ANSWER: The Harebrained Defendants deny the allegations in this paragraph as they
pertain to the Harebrained Defendants. The Harebrained Defendants lack knowledge or
information sufficient to form a belief about the truth of the remaining allegations in this
paragraph, and on that basis deny them.

38. Defendants had access to Harmony Gold’s copyrighted Robotech images prior
to Defendants’ unauthorized and infringing uses of the images.
ANSWER: The Harebrained Defendants deny the allegations in this paragraph as they
pertain to the Harebrained Defendants. The Harebrained Defendants lack knowledge or
information sufficient to form a belief about the truth of the remaining allegations in this
paragraph, and on that basis deny them.

39. 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 Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 26 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 27

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
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.
ANSWER: The allegations in this paragraph are legal conclusions to which no
response is required. To the extent a response is required, the Harebrained Defendants deny the
allegations in this paragraph as they pertain to the Harebrained Defendants. The Harebrained
Defendants lack knowledge or information sufficient to form a belief about the truth of the
remaining allegations in this paragraph, and on that basis deny them.

40. Defendants have infringed Harmony Gold’s copyrights willfully.
ANSWER: The Harebrained Defendants deny the allegations in this paragraph as they
pertain to the Harebrained Defendants. The Harebrained Defendants lack knowledge or
information sufficient to form a belief about the truth of the remaining allegations in this
paragraph, and on that basis deny them.

41. 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.
ANSWER: The allegations in this paragraph are legal conclusions to which no
response is required. To the extent a response is required, the Harebrained Defendants deny the
allegations in this paragraph as they pertain to the Harebrained Defendants. The Harebrained
Defendants lack knowledge or information sufficient to form a belief about the truth of the
remaining allegations in this paragraph, and on that basis deny them.
Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 27 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 28

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
COUNT II
(BREACH OF CONTRACT AGAINST WEISMAN AND
HAREBRAINED SCHEMES)
42. Harmony Gold repeats and realleges the allegations contained in Paragraphs 1
through 34 as if fully set forth herein.
ANSWER: The Harebrained Defendants repeats and incorporates by references each of
its above responses to those paragraphs.

43. 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.
ANSWER: The Harebrained Defendants admit Mr. Weisman signed a document
entitled “Settlement Agreement and Mutual General Release” on December 10, 1996. To the
extent the remainder of the paragraph purports to interpret and give legal effect to that
document, such allegations are legal conclusions to which no response is required. To the
extent a response is required, the Harebrained Defendants deny the remaining allegations.

44. As shown in Paragraphs 26–31 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.
ANSWER: The Harebrained Defendants deny the allegations in this paragraph.

45. 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 38 Filed 05/15/17 Page 28 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 29

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
ANSWER: The allegations in this paragraph are legal conclusions to which no
response is required. To the extent a response is required, the Harebrained Defendants deny the
allegations in this paragraph.
AFFIRMATIVE DEFENSES
The Harebrained Defendants assert the following defenses to Plaintiff’s claims. By
setting forth these affirmative defenses, the Harebrained Defendants do not assume any burden
of proof as to any fact issue or other element of any cause of action that properly belongs to
Plaintiff. The Harebrained Defendants reserve the right to amend or supplement their
affirmative defenses.
1. Plaintiff’s claims fail to state a claim upon which relief may be granted.
2. Plaintiff’s claims are barred, in whole or in part, because Plaintiff’s copyrights
are invalid and/or unenforceable, including by reason of lack of originality and lack of
copyrightable subject matter.
3. Plaintiff’s claims are barred, in whole or in part, because the alleged violations
of copyrights by the Harebrained Defendants are de minimis, nominative, and/or fair uses
permitted under law.
4. Plaintiff’s claims are barred, in whole or in part, because the Harebrained
Defendants’ conduct was in good faith and with non-willful intent, at all times.
5. Plaintiff’s claims are barred, in whole or in part, because critical parts or
portions of Plaintiff’s alleged protected copyrights are invalid due to consisting of
unprotectable scenes a faire.
6. Plaintiff’s claims are barred, in whole or in part, because Plaintiff does not own
some or all of the works of authorship that form the subject of the claims for relief.
7. Plaintiff’s claims are barred, in whole or in part, because some or all of the
works of authorship that form the subject of the claims for relief are not original to Plaintiff
and, therefore, Plaintiff lacks standing to pursue these claims. Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 29 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 30

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
8. The occurrences referred to in Plaintiff’s Complaint and all damages, if any,
resulting therefrom were caused by the acts or omissions by third parties over whom the
Harebrained Defendant had no control.
PRAYER FOR RELIEF
The Harebrained Defendants respectfully request that the Court (a) dismiss Plaintiff’s
claims with prejudice; (b) deny all relief requested by Plaintiff; (c) award the Harebrained
Defendants their reasonable attorneys’ fees and costs in defending this action; and (d) grant
such other and further relief as may be just and proper.

DATED this 15th day of May, 2017.

DAVIS WRIGHT TREMAINE LLP
Attorneys for the Harebrained Defendants


By s/ James Harlan Corning
Warren J. Rheaume, WSBA #13627
James Harlan Corning, WSBA #45177
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
Phone: (206) 622-3150
Fax: (206) 757-7700
E-mail: [email protected]
[email protected] Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 30 of 31




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HAREBRAINED DEFS.’ ANSWER TO AMENDED COMPLAINT
(2:17-cv-00327) - 31

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
CERTIFICATE OF SERVICE
I hereby certify that I caused the document to which this certificate is attached to be
delivered to the following as indicated:
Damon C. Elder, WSBA #46754
Email: [email protected]
Andrew R.W. Hughes, WSBA #49515
Email: [email protected]
CALFO EAKES & OSTROVSKY PLLC
1301 Second Avenue, Suite 2800
Seattle, WA 98101

[ ] Messenger
[ ] U.S. Mail, postage prepaid
[ ] Federal Express
[ ] Facsimile
[ ] Email
[X] ECF

Brett A. August (pro hac vice to be filed)
Email: [email protected]
Jason Koransky (pro hac vice to be filed)
Email: [email protected]
PATTISHALL, MCAULIFFE,
NEWBURY, HILLIARD &
GERALDSON LLP
200 South Wacker Drive, Suite 2900
Chicago, IL 60606

[ ] Messenger
[ ] U.S. Mail, postage prepaid
[ ] Federal Express
[ ] Facsimile
[ ] Email
[X] ECF

Paul T. Meiklejohn WSBA #17477
Email: [email protected]
J. Michael Keyes, WSBA # 29215
Email: [email protected]
Todd S. Fairchild, WSBA # 17654
Email [email protected]
Ryan B.Meyer, WSBA #37832
Email: [email protected]
DORSEY & WHITNEY LLP
Columbia Center
701 Fifth Avenue, Suite 6100
Seattle, WA 98104-7043

[ ] Messenger
[ ] U.S. Mail, postage prepaid
[ ] Federal Express
[ ] Facsimile
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[X] ECF

Declared under penalty of perjury under the laws of the state of Washington, and dated at
Seattle, Washington this 15th day of May, 2017.


s/ James Harlan Corning
James Harlan Corning Case 2:17-cv-00327-TSZ Document 38 Filed 05/15/17 Page 31 of 31