Complaint for Declaratory Judgment — No. 1:21-cv-02163 (Dkt. 2, D. Colo.)

Summary

Complaint for Declaratory Judgment filed August 10, 2021 (dated August 9, 2021) as Document 2 in DarkOwl, LLC v. Arkowl LLC and Arkowl Corporation, Case No. 1:21-cv-02163-KLM, in the U.S. District Court for the District of Colorado. Plaintiff DarkOwl, LLC, a Denver-based provider of darknet intelligence and cybersecurity services since 2017, seeks a declaration of non-infringement and trademark validity for U.S. Registration Nos. 5525738 and 5793807 under the Declaratory Judgment Act, 28 U.S.C. § 2201, the Lanham Act, 15 U.S.C. §§ 1051, 1117, 1119 and 1121, and the Colorado Consumer Protection Act, Colorado Code § 6-1-105. The suit follows cease-and-desist demand letters sent by Minnesota-based Arkowl on April 2, 2021 and July 27, 2021.

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“Complaint for Declaratory Judgment — No. 1:21-cv-02163 (Dkt. 2, D. Colo.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/complaint-for-declaratory-judgment-no-1-21-cv-02163-dkt-2-d-colo-a786603e95/, SHA-256 de96f9ad1630f22408b7970e1651fa674176c0d751c4cc86ee8cfeb9065d4282.

Full text

Case No. 1:21-cv-02163-KLM Document 2 filed 08/10/21 USDC Colorado pg 1 of 19

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

DARKOWL, LLC, § Case No.:
§
Plaintiff, §
§
§
v.
§ JURY TRIAL DEMANDED
§
ARKOWL LLC and ARKOWL §
CORPORATION
§
§
Defendants. §
§

COMPLAINT FOR DECLARATORY JUDGMENT

Plaintiff DarkOwl, LLC (“DarkOwl” or “Plaintiff”), by and through their undersigned

counsel, allege as follows for their Complaint against Defendants Arkowl LLC and Arkowl

Corporation (collectively, “Arkowl” or “Defendants”).

I. NATURE OF THE ACTION

1. This is an action for Declaratory Judgment for non-infringement and for an order

of validity regarding U.S. Reg. Nos. 5525738 and 5793807, arising under the Declaratory

Judgment Act, 28 U.S.C. § 2201 et seq., the Trademark Act of 1946, 15 U.S.C. §§ 1051 et seq.

(“Lanham Act”), the Colorado Consumer Protection Act, Colorado Code §§ 6-1-105, et seq., and

Colorado common law.

2. Since 2017, DarkOwl has provided darknet intelligence and become a world-

leading provider of cybersecurity consulting and services, darknet searching, monitoring, and

investigations, and data security throughout the United States under its DARKOWL family of

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trademarks, which includes DARKOWL, , and (the

“DARKOWL Marks”). Through its significant investment, DarkOwl has earned substantial

goodwill and consumer recognition in the DARKOWL Marks for use in connection with darknet

intelligence, data security, and cybersecurity services, and dark web searching, investigations, and

monitoring consulting and services.

3. On April 2, 2021, years after DarkOwl’s first use and federal registration of certain

of its of DARKOWL Marks, Defendant Arkowl Corporation sent DarkOwl a demand letter

alleging common law trademark rights in the ARKOWL marks and demanding DarkOwl cease all

use of the DARKOWL Marks and surrender DarkOwl’s federal registrations. Despite DarkOwl’s

good faith efforts to amicably resolve the dispute, on July 27, 2021, Arkowl sent another letter

renewing its demand that DarkOwl cease and desist all use of the DARKOWL Marks as well as

surrender its federal registrations.

4. DarkOwl seeks a declaration of non-infringement and a declaration of validity in

its federal registrations.

II. PARTIES

5. DarkOwl, LLC is a Colorado limited liability company with its principal place of

business at 216 16th Street, Suite 700, Denver, Colorado 80202.

6. Upon information and belief, Arkowl Corporation is Minnesota corporation with

its principal place of business at 6585 County Road 50, Carver, Minnesota 55315.

7. Upon information and belief, Arkowl LLC is a Minnesota limited liability company

affiliated with Arkowl Corporation and with its principal place of business at 6585 County Road

50, Carver, Minnesota 55315.

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III. JURISDICTION AND VENUE

8. This is an action for Declaratory Judgment under Title 28 of the United States Code.

This action also arises under the Lanham Act, Title 15 of the United States Code, the Colorado

Consumer Protection Act, Colorado Code §§ 6-1-105, et seq., and Colorado common law.

Accordingly, the Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338 and 15

U.S.C. § 1121.

9. The Court also has subject matter jurisdiction over DarkOwl’s claim requesting a

Declaratory Judgment as to the validity of its United States trademark registrations pursuant to 15

U.S.C. § 1119, because the DARKOWL Marks’ registrability is directly related to whether the

DARKOWL Marks infringe Arkowl’s alleged trademark rights.

10. The Court has personal jurisdiction over Arkowl because, on information and

belief, Arkowl conducts business with customers in the State of Colorado and targets Colorado

consumers under the ARKOWL mark. Moreover, Arkowl has represented to DarkOwl that since

at least as early as March 24, 2017, it has established common law rights in the ARKOWL mark

in the State of Colorado, meaning that Arkowl has continuously conducted business with

customers in the State of Colorado and targeted Colorado consumers sufficient to establish it has

adopted, made use in commerce, and is currently using the ARKOWL mark in commerce in the

State of Colorado. Further, based on these claimed Colorado-based operations, Arkowl has alleged

that DarkOwl committed trademark infringement in the State of Colorado, demanded that

DarkOwl cease and desist its use of the DARKOWL Marks in the State of Colorado, and sent

multiple communications to DarkOwl in the State of Colorado claiming DarkOwl has infringed

and is infringing Arkowl’s federal and common law trademark rights and Arkowl’s purported

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rights and remedies, thereby establishing sufficient minimum contacts with the State of Colorado

to reasonably be haled into this Court, purposefully availing itself to the jurisdiction of this Court.

11. Venue is proper in this District pursuant to 28 U.S.C. § 1391(a), (b), and (d)

because, upon information and belief, Arkowl conducts business in and has sufficient contacts

with this District to subject it to personal jurisdiction here. In addition, Arkowl represented to

DarkOwl that it has established common law rights in the ARKOWL mark in the State of

Colorado, meaning that Arkowl continuously conducts business with customers in the State of

Colorado and targets Colorado consumers. Further, based on these claimed Colorado-based

operations, Arkowl has alleged that DarkOwl committed trademark infringement in the State of

Colorado, demanded that DarkOwl cease and desist its use of the DARKOWL Marks in the State

of Colorado, and sent multiple communications to DarkOwl in the State of Colorado claiming

trademark infringement. DarkOwl therefore has a reasonable apprehension of being sued in this

District, and a substantial part of the events giving rise to the claims occurred in this District.

IV. FACTUAL ALLEGATIONS

A. DarkOwl, Its Business, and Its DARKOWL Marks

12. DarkOwl, LLC was formed September 17, 2015, in the State of Colorado in order

to provide darknet intelligence services, including cybersecurity consulting and services,

searching, monitoring, and investigations of the dark web, data and darknet analytics, computer

software services for cybersecurity, and advisory mitigation services when data has been

compromised on the darknet. DarkOwl also provides the world’s largest index of darknet content

and the tools to efficiently search leaked and compromised data. As part of its overall marketing

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and branding strategy, DarkOwl chose the DARKOWL Marks to promote its darknet intelligence,

darknet index, and cybersecurity software and services.

13. Since at least as early as 2017, DarkOwl began using the DARKOWL word mark

in commerce throughout the United States in connection with its darknet intelligence, darknet

index, and cybersecurity software and services.

14. Since at least as early as August 2017, DarkOwl has used the

mark in commerce throughout the United States in connection with its darknet intelligence, darknet

index, and cybersecurity software and services.

15. Since at least as early as September 2018, DarkOwl has used the

mark in commerce throughout the United States in connection with its darknet intelligence, darknet

index, and cybersecurity software and services.

16. In recognition of its trademark rights, DarkOwl owns the following U.S. trademark

registrations (“DARKOWL Registrations”) in connection with the listed services (“DARKOWL

Services”):

App./Reg. First Use
Mark Goods and Services
No./Date Dates

87384235 Class 42: Providing a database featuring First Use:
Mar. 24, information about internet security and computer Aug. 2017
2017 security from the deep web and the darknet;
computer security consultancy regarding data
and information collected and obtained from the First Use in
5525738 deep web and the darknet; software as a service Commerce:
Jul. 24, (SaaS) services featuring software for retrieving Aug. 2017
2018 from, adding to, and editing a database featuring
information and data obtained from the deep
web and the darknet; computer software
consulting services in the field of cybersecurity

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utilizing deepweb and darknet information;
electronic monitoring of information and data
obtained from the deep web and the darknet for
the purpose of internet and computer security by
detecting compromised data; computer
information security consulting services in the
field of maintaining the security and integrity of
computer information and data using
information and data obtained from the deep
web and the darknet; providing computer and
internet security analysis of information obtained
from the deep web and the darknet; providing
cybersecurity threat analysis for protecting data
using information obtained from the deep web
and the darknet; cybersecurity services, namely,
monitoring of computer systems for data security
purposes utilizing deep web and darknet
information

88216005 Class 42: Providing a database featuring First Use:
Dec.4, information about internet security and computer Sep. 2018
2018 security from the deep web and the darknet;
computer security consultancy regarding data
and information collected and obtained from the First Use in
5793807 deep web and the darknet; software as a service Commerce:
Jul. 2, (SaaS) services featuring software for retrieving Sep. 2018
2019 from, adding to, and editing a database featuring
information and data obtained from the deep
web and the darknet; computer software
consulting services in the field of cybersecurity
utilizing deepweb and darknet information;
electronic monitoring of information and data
obtained from the deep web and the darknet for
the purpose of internet and computer security by
detecting compromised data; computer
information security consulting services in the
field of maintaining the security and integrity of
computer information and data using
information and data obtained from the deep
web and the darknet; providing computer and
internet security analysis of information obtained
from the deep web and the darknet; providing
cybersecurity threat analysis for protecting data
using information obtained from the deep web

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and the darknet; cybersecurity services, namely,
monitoring of computer systems for data security
purposes utilizing deep web and darknet
information

17. On March 24, 2017, DarkOwl filed U.S. App. Serial No. 87384235 for the

mark. The application was reviewed by the U.S. Trademark Office. The

Trademark Office did not issue any refusals and did not find a likelihood of confusion with any

prior registered marks. The application was published for third party opposition in the Official

Gazette on August 22, 2017. No oppositions were filed against the application by any third parties,

including Defendants. The application subsequently registered. A true and correct copy of U.S.

Registration No. 5525738 is attached in Exhibit A.

18. On December 4, 2018, DarkOwl filed U.S. App. Serial No. 88216005 for the

mark. The application was reviewed by the U.S. Trademark Office. The

Trademark Office did not issue any refusals and did not find a likelihood of confusion with any

prior registered marks. The application was published for third party opposition in the Official

Gazette on April 16, 2019. No oppositions were filed against the application by any third parties,

including Defendants. The application subsequently registered. A true and correct copy of U.S.

Registration No. 5793807 is attached in Exhibit B.

19. Since adopting the DARKOWL Marks for use in commerce, DarkOwl has

continuously used the DARKOWL Marks in commerce in connection with the promotion,

marketing, advertising, sale, and provision of the DARKOWL Services throughout the United

States.

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20. DarkOwl has invested a substantial amount of time, money, and effort to promote

and advertise the DARKOWL Services under the DARKOWL Marks.

21. The DARKOWL Services are highly specialized darknet cybersecurity and

computer software services, rooted in dark web research and open source intelligence and designed

to assist customers with not only protecting data from exposure on the dark web and darknet, but

to also provide searching, monitoring, and investigation of the darknet for early detection of

potential data breaches and assessment and mitigation solutions once a data breach is identified.

Once data is compromised, DarkOwl provides customers with information and strategies to make

swift, effective, and educated decisions for breach responses.

22. The DARKOWL Services are a niche area of the computer software and services

industry.

23. DarkOwl targets highly sophisticated customers looking for its niche DARKOWL

Services. Its target consumers consist primarily of businesses and individuals, threat intelligence

teams, and data analysts searching for increased cybersecurity and assessments on cyber data risk

and exposure levels. DarkOwl’s customers exercise a significant degree of care when determining

the proper data and cybersecurity software and services, darknet intelligence agency, and darknet

content index services to purchase.

24. DarkOwl markets and provides the DARKOWL Services under the DARKOWL

Marks extensively through its website, www.darkowl.com, through social media accounts such as

Twitter and LinkedIn, and through other marketing and advertising materials. DarkOwl uses the

“DarkOwl” handles on Twitter and LinkedIn and has nearly 3,000 followers on LinkedIn and

nearly 1,500 followers on Twitter.

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25. This promotion has been highly successful, and DarkOwl has become a world

leader in cybersecurity and darknet intelligence with the world’s largest darknet content index.

DarkOwl has also received significant positive press from various media outlets, including, but

not limited to, Forbes, Wired, Bloomberg, ZNet, CSO Online, SC Magazine, Government

Technology, Channel Futures, GovHealthIT, mHealth Intelligence, BitDefender, and many others.

26. Over the last four (4) years, in large part due to DarkOwl’s public efforts to market

itself and its DARKOWL Services under the DARKOWL Marks, DarkOwl has become well

known in its industry.

27. Since 2017, DarkOwl has built substantial goodwill in its DARKOWL Marks, and

the DARKOWL Marks have become integral assets to its business.

28. The DARKOWL Marks are distinctive and identify the DARKOWL Services as

originating with DarkOwl.

B. Arkowl, Its Business, and Its Marks

29. Upon information and belief, Defendant Arkowl LLC was registered as a limited

liability company with the Minnesota Secretary of State in 2012.

30. Upon information and belief, Arkowl began using the ARKOWL mark in 2012 in

connection with email verification services.

31. Upon information and belief, Defendant Arkowl Corporation did not apply to

federally register its claimed trademark rights until September 2019.

32. Arkowl relied on the common trademark law in the geographic territory where it

operated to protect its alleged trademark rights from 2012 until September 2019.

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33. Upon information and belief, Arkowl does not own nationwide common law rights

in the ARKOWL mark dating back to 2012. Upon information and belief, Arkowl was not using

the ARKOWL mark in all fifty states in connection with its services dating back to 2012.

34. Arkowl’s common law trademark rights are limited in geographic scope to the

locations it provided services under the ARKOWL mark. Arkowl’s common law trademark rights

are further limited in scope to those services provided under the ARKOWL mark dating back to

2012, namely, email verification services.

35. Upon information and belief, Arkowl targets and advertises and promotes its email,

and more recently phone number, verification services towards e-commerce platforms.

36. Upon information and belief, Arkowl’s customers are discerning and sophisticated.

37. Upon information and belief, Arkowl markets its email and phone number

verification services through its website, www.arkowl.com, and its social media accounts.

38. DarkOwl’s federal registrations and federally registered trademark rights in the

DARKOWL Marks pre-date Arkowl’s federal trademark applications for and purported

nationwide common law rights in the ARKOWL and marks.

39. Upon information and belief, Defendant Arkowl Corporation owns the following

U.S. registrations (“ARKOWL Registrations”) in connection with the following services

(“ARKOWL Services”):

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App./Reg.
Mark Goods and Services First Use Dates
No./Date

ARKOWL 88626162 Class 42: Computer and Software First Use: Dec. 2,
Sep. 22, 2019 services and Scientific Services being 2011
Software as a service (SAAS) services,
6036746 First Use in
namely, hosting software for use by
Apr. 21, 2020 Commerce: Oct.
others for use in verifying the credibility
11, 2012
of data provided by e-commerce
customers in an online order

88777943 Class 42: Software as a service (SAAS) First Use: Sep. 27,
Jan. 29, 2020 services, namely, hosting software for 2019
use by others for use in verifying the
6285973 First Use in
credibility of data provided by e-
Mar. 9, 2021 Commerce: Oct. 8,
commerce customers in an online order.
2019

40. On September 22, 2019, Arkowl filed U.S. App. Serial No. 88626162 for

ARKOWL. The application was reviewed by the U.S. Trademark Office, including a search for

confusingly similar prior registered marks. The application was not refused registration based on

a likelihood of confusion with any prior registered marks. The prior registered DARKOWL Marks

were not cited against this application as a barrier to the application’s registration due to a

likelihood of confusion. The application was published for third party opposition in the Official

Gazette on February 4, 2020. DarkOwl did not oppose the application.

41. On January 29, 2020, “1985” filed U.S. App. Serial No. 88777943 for

. The application was reviewed by the U.S. Trademark Office, including a

search for confusingly similar prior registered marks. The application was not refused registration

based on a likelihood of confusion with the prior-registered DARKOWL Marks. The application

was however refused registration based on a likelihood of confusion with Reg. No. 6036746 for

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ARKOWL. Arkowl responded to the refusal by updating the owner information to Arkowl and

noting that filing the application in the name of “1985” was accidental. The application was

published for third party opposition in the Official Gazette on December 22, 2020. DarkOwl did

not oppose the application.

C. The Parties’ Marks and Defendants’ Cease-and-Desist Demands

42. The DARKOWL Marks are different in sight, sound, meaning, and commercial

impression from the ARKOWL and marks.

43. Upon information and belief, the DARKOWL Services do not directly compete

with the ARKOWL Services.

44. Upon information and belief, DarkOwl targets separate and distinct consumers

through different marketing channels from Arkowl.

45. DarkOwl is not aware of any instances of consumer confusion nor has it received

any misdirected customer inquiries related to Arkowl or the ARKOWL and marks

in the years of the parties’ coexistence.

46. Upon information and belief, no harm has come to Arkowl from DarkOwl’s

coexisting use of the DARKOWL Marks in connection with the DARKOWL Services.

47. On or about April 2, 2021, Arkowl, through its counsel, sent a demand letter to

DarkOwl. Arkowl accused DarkOwl of using “confusingly similar” marks and demanded

DarkOwl “permanently cease all use of the DARKOWL Marks” and “[s]urrender its federal

registrations in its DARKOWL Marks, including U.S. Reg. Nos. 5793807 and 5525738.” Arkowl

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asserted that it “is committed to the vigorous enforcement of its intellectual property rights.” A

true and correct copy of the letter dated April 2, 2021 DarkOwl received is attached as Exhibit C.

48. Arkowl’s April 2, 2021 letter was the first instance of Arkowl attempting to enforce

its purported common law and federal trademark rights against DarkOwl since DarkOwl first

began using the DARKOWL Marks in 2017.

49. Prior to the April 2, 2021 letter, DarkOwl was unaware of Arkowl, its purported

common law trademark rights, or its objection to the DARKOWL Marks or concern for any

likelihood of confusion between the parties’ respective trademarks or service offerings.

50. DarkOwl does not believe the parties’ coexisting use of the respective DARKOWL

Marks and ARKOWL and marks with the parties’ respective services creates any

likelihood of confusion for either party.

51. DarkOwl, through counsel, acknowledged Arkowl’s demand letter on April 15,

2021.

52. The parties engaged in discussions in an effort to amicably resolve this matter,

including telephone conferences between counsel and written communications.

53. However, on July 27, 2021, Arkowl, through counsel, renewed its demand that

DarkOwl permanently cease use of the DARKOWL Marks and surrender its federal registrations.

V. REQUEST FOR DECLARATORY JUDGMENT

COUNT I
Declaration of Non-Infringement

54. DarkOwl repeats and realleges the preceding paragraphs as if further set forth

herein.

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55. Upon information and belief, Arkowl does not own prior nationwide common

rights in the ARKOWL or marks superior to DarkOwl’s rights in the DARKOWL

Marks.

56. DarkOwl has continuously, openly, and publicly used the DARKOWL Marks in

commerce since at least as early as 2017 in connection with the DARKOWL Services.

57. DarkOwl has invested a substantial amount of time, money, and effort into building

goodwill and consumer recognition in the DARKOWL Marks such that consumers have come to

identify the DARKOWL Marks as designating the source of the DARKOWL Marks with

DarkOwl.

58. The DARKOWL Marks are different and distinguishable from the ARKOWL and

marks.

59. The DARKOWL Services are distinguishable from the ARKOWL Services.

60. DarkOwl targets distinct and separate consumers from Arkowl. Upon information

and belief, DarkOwl’s and Arkowl’s consumers are discerning and sophisticated within their

respective industries.

61. Upon information and belief, the parties utilize different marketing channels to

provide their respective services to their target consumers.

62. DarkOwl is not aware of any instances of actual consumer confusion and is not

aware of receiving any misdirected customer inquiries related to Arkowl, despite coexisting for a

number of years.

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63. When selecting the DARKOWL Marks, DarkOwl was not aware of Arkowl and

did not intend to trade off any goodwill or infringe upon Arkowl’s alleged trademark rights, such

that there are any.

64. Upon information and belief, there is no likelihood of consumer confusion between

the DARKOWL Marks or Arkowl’s ARKOWL or marks.

65. Accordingly, DarkOwl is entitled to a Declaratory Judgment that its use of the

DARKOWL Marks is not infringing Arkowl’s purported trademark rights.

COUNT II
Declaration of Validity for U.S. Reg. Nos. 5525738 and 5793807 -
DARKOWL Marks
(28 U.S.C. § 2201 et seq.)

66. DarkOwl repeats and realleges the preceding paragraphs as if further set forth

herein.

67. Since at least as early as August 2017, DarkOwl has used the

mark in connection with its registered services: Providing a database featuring information about

internet security and computer security from the deep web and the darknet; computer security

consultancy regarding data and information collected and obtained from the deep web and the

darknet; software as a service (SaaS) services featuring software for retrieving from, adding to,

and editing a database featuring information and data obtained from the deep web and the darknet;

computer software consulting services in the field of cybersecurity utilizing deepweb and darknet

information; electronic monitoring of information and data obtained from the deep web and the

darknet for the purpose of internet and computer security by detecting compromised data;

computer information security consulting services in the field of maintaining the security and

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integrity of computer information and data using information and data obtained from the deep web

and the darknet; providing computer and internet security analysis of information obtained from

the deep web and the darknet; providing cybersecurity threat analysis for protecting data using

information obtained from the deep web and the darknet; cybersecurity services, namely,

monitoring of computer systems for data security purposes utilizing deep web and darknet

information in Class 42.

68. Since at least as early as September 2018, DarkOwl has used and is currently using

the mark in connection with its registered services: Providing a database

featuring information about internet security and computer security from the deep web and the

darknet; computer security consultancy regarding data and information collected and obtained

from the deep web and the darknet; software as a service (SaaS) services featuring software for

retrieving from, adding to, and editing a database featuring information and data obtained from the

deep web and the darknet; computer software consulting services in the field of cybersecurity

utilizing deepweb and darknet information; electronic monitoring of information and data obtained

from the deep web and the darknet for the purpose of internet and computer security by detecting

compromised data; computer information security consulting services in the field of maintaining

the security and integrity of computer information and data using information and data obtained

from the deep web and the darknet; providing computer and internet security analysis of

information obtained from the deep web and the darknet; providing cybersecurity threat analysis

for protecting data using information obtained from the deep web and the darknet; cybersecurity

services, namely, monitoring of computer systems for data security purposes utilizing deep web

and darknet information in Class 42.

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69. Since 2017, DarkOwl has invested a substantial amount of time, money, and effort

into building goodwill and consumer recognition in the and

marks such that consumers have come to identify the and

marks as designating the source of the DARKOWL Services with DarkOwl.

70. Upon information belief, there is no likelihood of confusion between DarkOwl’s

use of the and marks and Arkowl’s use of the ARKOWL

and marks.

71. Upon information and belief, DarkOwl’s use of the and

marks do not infringe Arkowl’s alleged trademark rights.

72. Upon information and belief, DarkOwl is the exclusive user of the

and marks with its registered DARKOWL Services.

73. Accordingly, DarkOwl is entitled to a Declaratory Judgment that its DARKOWL

Registrations are valid and subsisting under Section 1(a) of the Lanham Act, 15 U.S.C. § 1051(a).

VI. PRAYER FOR RELIEF

WHEREFORE, Plaintiff seeks the following relief:

A. That the Court enter judgment declaring that DarkOwl’s use of the DARKOWL

Marks in connection with the DARKOWL Services does not violate the Lanham Act or constitute

trademark infringement or unfair competition under the Lanham Act or the common law of the

State of Colorado;

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B. That the Court enter judgment declaring U.S. Reg. No. 5525738 valid and not

infringing;

C. That the Court enter judgment declaring U.S. Reg. No. 5793807 valid and not

infringing;

D. That the Court enter judgment declaring Arkowl has not suffered any harm and is

not entitled to a finding of infringement, damages, or any other such remedy or relief under 15

U.S.C. § 1117; and

E. That the Court grant DarkOwl such other and further relief as this Court may deem

just and proper.

JURY TRIAL DEMAND

DarkOwl respectfully demands a trial by jury on all claims and issues so triable.

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DATED this 9th day of August, 2021.

Respectfully submitted,

PERKINS COIE LLP

By: s/ Lindsey Dunn________
Kourtney Mueller Merrill, CO Bar #36,662
Sabrina J. Danielson, CO Bar #49,279 1
Lindsey Dunn, CO Bar #50,438
900 Sixteenth Street, Suite 1400
Denver, CO 80202
P: (303) 291-2300
F: (303) 291-2400
KMerrill@perkinscoie.com
SDanielson@perkinscoie.com
LDunn@perkinscoie.com

Attorneys for Plaintiff DarkOwl, LLC

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SHA-256: de96f9ad1630f22408b7970e1651fa674176c0d751c4cc86ee8cfeb9065d4282
Our copy: 2.pdf
Original: No public link identified.