Case 1:15-cv LMB-JFA Document 1 Filed 06/23/15 Page 1 of 22 PageID# 1 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA

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1 Case 1:15-cv LMB-JFA Document 1 Filed 06/23/15 Page 1 of 22 PageID# 1 FILED UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division JUN 23 P 2-21 JIVE COMMUNICATIONS, INC., 1275 West 1600 North, Suite 100 Orem, Utah 84057, Plaintiff CASE NO. CLERK US DISTRICT COURT ALEXANDRIA, V. COMMUNICLIQUE, INC., 4201 Wilson Blvd. Suite Arlington, Virginia 22203, and DOMAINS BY PROXY, LLC N. Hayden Road, Suite 219 Scottsdale, Arizona Defendants COMPLAINT Preliminary Statement This Complaint seeks damages and specific performance pertaining to the ownership, transfer, and theft of the Internet domain name "speek.com." The Complaint alleges: (1) breach of an executory contract between Speek Inc., to which contract the Plaintiff JIVE COMMUNICATIONS, INC., is the successor in interest, and the Defendant, COMMUNICLIQUE, INC., whereby this Defendant sold all of its control and rights in this domain name to Speek Inc., and then intentionally failed to transfer control of the domain to Speek Inc.; (2) conversion by Defendants COMMUNICLIQUE, INC. and DOMAINS BY PROXY, LLC of the domain name "speek.com," by keeping control and then redirecting the

2 Case 1:15-cv LMB-JFA Document 1 Filed 06/23/15 Page 2 of 22 PageID# 2 domain name away from its intended website; and (3) a violation of the Anti Cybersquatting provisions ofthe Lanham Act, in that Defendants registered, used, and trafficked in the domain name "speek.com" knowing that Speek Inc. and its successor in interest, JIVE COMMUNICATIONS, INC., own the "SPEEK" trademark registered with the U.S. Patent and Trademark Office. The Complaint also seeks a declaratory judgment declaring that JIVE COMMUNICATIONS, INC. is the rightful owner and rightful registrant of the domain name "speek.com." BACKGROUND Jurisdiction and Venue 1. This Court has original jurisdiction over this Complaint pursuant to 28 U.S.C and 15 U.S.C. 1125(d)(1)(A), this being an action brought under the Lanham Act to obtain and recover a domain name under the Anti Cybersquatting provisions ofthat Act. 2. This Court also has jurisdiction over this Complaint pursuant to diversity of residence of the parties, pursuant to 28 U.S.C. 1332(a)(1). 3. This Court has supplemental jurisdiction over the state law causes ofaction pursuant to 28 U.S.C For the following reasons, venue is proper in this District under 28 U.S.C. 1391(b) and (c): (a) the acts alleged in this Complaint occurred, and the causes of action arose, in Arlington County, in the Eastern District ofvirginia; (b) the headquarters and principal place of business of the Defendant Communiclique, Inc. ("Communiclique") are located in the Eastern District ofvirginia;

3 Case 1:15-cv LMB-JFA Document 1 Filed 06/23/15 Page 3 of 22 PageID# 3 (c) the agreement whereby Domains By Proxy, LLC ("DB Proxy") participated in the tortious conduct was made in Arlington County, in the Eastern District ofvirginia; and (d) DB Proxy does business with paying customers, using the Internet, in the Eastern District ofvirginia. The Parties and Participants 5. Defendant Communiclique is a Delaware corporation with its headquarters located at 4201 Wilson Blvd., Arlington, Virginia. Commimiclique is in the business ofenabling scalable and secure communications across a variety of digital platforms, including voice telephony, texts, and communications. 6. At all times pertinent to this Complaint, Andrew Powers was the Chief Executive Officer ofcommuniclique. 7. Third party Speek Inc. ("Speek") is a Delaware limited liability company with its headquarters located at 2231 Crystal Drive, 10*'' Floor, Arlington, Virginia. At all times pertinent to this Complaint, until approximately June 16, 2015, Speek was in the business of providing registered users with personalized conference call links, using a simple "one click" joining or access feature. 8. At all times pertinent to this Complaint, John Bracken was the Chief Executive Officer ofspeek. 9. At all times pertinent to this Complaintuntil about late May 2015, Matt Turner was the ChiefTechnology Officer ofspeek. 10. At all times pertinentto this Complaint, both AndrewPowers and John Bracken were members ofthe Board ofdirectors ofspeek.

4 Case 1:15-cv LMB-JFA Document 1 Filed 06/23/15 Page 4 of 22 PageID# Plaintiff Jive Communications, Inc. ("Jive" or the "Plaintiff) is a Delaware corporation with its headquarters located at 1275 West 1600 North, Suite 100, Orem, Utah. Jive is in the business of providing cloud based Voice over Internet Protocol communications to businesses and institutions in the United States. 12. On or about June 16,2015, Speek sold all ofits assets, including all ofits intellectual property, to Jive. 13. Defendant Domains By Proxy, LLC is a Delaware corporation with its headquarters located at N. Hayden Road, Suite 219, Scottsdale, Arizona. DB Proxy is in the business of registering domain names on behalfof clients, doing so in its own name and thus hiding from public disclosure the identity, contact, and administrative information of its clients. Domain Names and the Domain Name Registration Process 14. Websites operating on the Intemet are accessed by means of their locations within their networks on the Internet, and are identified by codes or "addresses" known as "Intemet Protocol addresses" or "IP addresses." 15. An IP address is typically composed of four sets of multiple digits, separated by dots or periods. For example, the IP address ofspeek's website is In order to make the address of a website distinctive and easier to remember, a domain name registration system has been established, using alphanumeric codes or "domain names." When entered in the address bar ofa website browser on the Intemet, a specific domain name will "map to," or access, a particular IP address and the website using that IP address. 17. To obtain the use of a particular domain name, a user must register that name. A domain name registration system (the "registration system") has been established and is

5 Case 1:15-cv LMB-JFA Document 1 Filed 06/23/15 Page 5 of 22 PageID# 5 administered by a corporation known as the Internet Corporation for Assigned Names and Numbers, or"icann." 18. Under the registration system, a user's domain name has two parts, separated by a dot or a period: (a) a top level domain name ("TLD"), such as com, net, org, gov, mil, info, biz, and us, which are also known as dot com, dot org, dot gov, dot mil, dot info, dot biz, and dot us; and (b) a second level domain name such as speek, pacer, att, google, and doj. 19. A complete domain name comprises a second level domain name, followed by a dot or a period, followed by a top level domain name. Examples might be speek.com, pacer.gov, att.net, and google.com. 20. A two-tier system exists to administer the registration system. The first tier consists of domain name registries, which keep certain administrative records concerning second level domain names within a specific TLD, including the table that maps domain names to IP addresses. For example, the company Verisign, Inc. is the registry for the dot com TLD. 21. The second tier consists of domain name registrars, which operate under contracts with the various registries for specific TLDs. The registrars allow Internet users to purchase, for specified periods oftime and for specified prices, the right to use a specific domain name. A purchase is made by "registering" the domain name through a registrar; and the person making such purchase is known as a "registrant." 22. The registrars keep additional administrative and contact information concerning domain names and the registrants who have registered domain names utilizing their services; and it is the responsibility ofthe registries to insure that the registrars maintain these records and that multiple registrars do not sell the same domain name to multiple users.

6 Case 1:15-cv LMB-JFA Document 1 Filed 06/23/15 Page 6 of 22 PageID# At all times pertinent to this Complaint, GoDaddy.com, LLC ("GoDaddy") was a domain name registrar, and among the services it provided to the public was the registration of domain names under the dot com TLD. GoDaddy was a Delaware corporation with its principal offices located in Scottsdale, Arizona. 24. At all times pertinent to this Complaint, services were available to an Internet user who wanted to register domain names anonymously. These services were provided by third party companies who, pursuant to a contract with the users, would register domain names using their own registration, identity, contact, and administrative information, and then hold the domain names for the use and benefit of the user. These third party companies were known as proxy services, and among such proxy services was DB Proxy. The "SPEEK" Trademark, the "speek.com" Domain Name, and the Transfer Agreement 25. Sometime in or prior to 2012, Communiclique held a common law trademark in the tradename "SPEEK." 26. Sometime in or prior to 2012, Communiclique registered the domain name speek.com for itself, using the registrar Tucows Domains Inc. The domain name administrative contacts listed were Andy Booth and Danny Boice. 27. At all times pertinent to this Complaint, the registry for speek.com was the domain name registry Verisign, Inc., located in Reston, in the Eastern District ofvirginia. 28. Sometime on or prior to January 6, 2012, Communiclique transferred its registration of "speek.com" to the registrar GoDaddy. The domain name administrative contact listed was Andy Booth.

7 Case 1:15-cv LMB-JFA Document 1 Filed 06/23/15 Page 7 of 22 PageID# In or about April 2012, Communiclique and Speek began negotiating the sale and assignment ofthe common law trademark SPEEK and the domain name "speek.com," and other intellectual property, from Communiclique to Speek. 30. Sometime prior to May 10, 2012, Communiclique and Domains by Proxy entered into an agreement whereby DB Proxy became the registrant of record for "speek.com," through the registrar GoDaddy, while Communiclique retained control and its rights and interest in the domain name; and DB Proxy hid from public disclosure all information identifying Communiclique as having any rights, control, or interest in this domain name. 31. On or about June 25, 2012, Communiclique and Speek entered into a contract whereby, inter alia, Communiclique transferred all of its ownership and rights in various intellectual properties (the "Communiclique IP" or the "IP") to Speek in exchange for equity in Speek, specifically 750,000 shares of the common stock of Speek. A copy of this executed contract (the "Transfer Agreement" or "Agreement") is attached to this Complaint as Exhibit Andrew Powers executed this Transfer Agreement on behalfofcommuniclique; and John Bracken executed this Agreement on behalfofspeek. 33. Among the items of intellectual property that Communiclique transferred and assigned to Speek pursuant to this Agreement was the domain name "speek.com" and the trademark "SPEEK." (Exhibit 1,13.1 and 3.3, and Exhibit B.) 34. On or about June 25, 2012, pursuant to the Transfer Agreement: (a) Speek conveyed 750,000 shares of its common stock to Communiclique; and (b) ownership and all rights in the Communiclique IP vested in Speek, including the trademark "Speek" and the domain name speek.com.

8 Case 1:15-cv LMB-JFA Document 1 Filed 06/23/15 Page 8 of 22 PageID# Among the obligations undertaken by CommunicUque under the Transfer Agreement was to take all necessary steps to transfer the domain name "speek.com" to Speek within thirty (30) days ofthe effective date ofthe agreement, (Exhibit 1, H3.3), such effective date being June 25,2012. (Exhibit 1, HIntro.) 36. Commencing in or about June 2012, Speek began continuously using the domain name "speek.com" for the website address and identification ofits business on the Internet. 37. On or about January 3, 2013, John Bracken, acting on behalf of Speek, filed an application with the U.S. Patent and Trademark Office (the "USPTO") for the registration ofthe trademark "SPEEK" (the "Trademark Application"). 38. The USPTO approved the Trademark Application and, on August 6, 2013, registered "SPEEK" as a service mark on its Principal Register. A copy of the USPTO certificate of registration for "Speek" is attached to this Complaint as Exhibit At the time of the filing of this Complaint, the value of "speek.com" as the domain name for the website ofthe business that had been operated by Speek is in excess of$150,000. The Theft of the Domain Name 40. Sometime on or after July 16, 2013, and on or before January 17, 2014, Communiclique placed the following restrictions on any transfer and reregistration ofthe domain name "speek.com": (a) a "Client Transfer Prohibited" lock on the domain name, instructing Verisign to reject requests to transfer the domain name from GoDaddy to another domain name registrar, thus preventing Speek from obtaining transfer ofthe domain name to a registrar of its choice as was its right as owner ofthe domain name pursuant to the Transfer Agreement;

9 Case 1:15-cv LMB-JFA Document 1 Filed 06/23/15 Page 9 of 22 PageID# 9 (b) a "Client Update Prohibited" lock on the domain name, instructing Verisign to reject requests to update the domain name, thus preventing Speek from making changes to information in the Whois directory for the domain name as was its right as owner of the domain name pursuant to the Transfer Agreement; (c) a "Client Renew Prohibited" lock on the domain name, instructing Verisign to reject requests to renew the domain name, thus preventing Speek from renewing the domain name in its own corporate name as was its right as owner of the domain name pursuant to the Transfer Agreement; and (d) a "Client Delete Prohibited" lock on the domain name, instructing Verisign to reject requests to delete the registration of the domain name, thus preventing Speek from removing Communiclique's registration of the domain name as was its right as owner of the domain name pursuant to the Transfer Agreement. 41. Notwithstanding its obligations under the Transfer Agreement, Communiclique refused to transfer the registration of the domain name "speek.com" to Speek. 42. On or about November 3, 2014, Matt Turner sent an to Andrew Powers asking Communiclique to transfer the registration for the domain name "speek.com" to an account of Speek's choosing, so as to enable Speek to have control over all of its domain names. (Exhibit 3.) Specifically, Mr. Turner said in pertinent part: We are working to add domain registrations internationally... in order to expand into a new market... As a part of this we need to get our domain (speek.com) under the same registrar account as these new domains. I know we have tried several times unsuccessfully to make this happen but there is a pressing need to do so now. The easiest solution would be to get the credentials for the account you control that has ownership over Speek.com. Ed VanTassell is in charge ofall the

10 Case 1:15-cv LMB-JFA Document 1 Filed 06/23/15 Page 10 of 22 PageID# 10 operations side of Speek these days and has everything he needs, other than those credentials, to make the transition. Once Ed is able to transfer the ownership to our GoDaddy account you could change the credentials if there is anything sensitive on that account. 43. On or about November 3, 2014, Andrew Powers sent an to John Bracken (Exhibit 4), refusing to transfer the domain name "speek.com," or to give to Speek the password (credentials) to Communiclique's GoDaddy account which held the registration for the domain name, explaining, "When I'm able to schedule giving your team access 111 [sic] reach back to you to schedule. It wont [sic] be before were [sic] able to get together and discuss the international scenario and thus I don't think its [sic] as time sensitive." 44. On or about November 24, 2014, Matt Turner sent another to Andrew Powers (Exhibit 5), again requesting transfer of the "speek.com" domain name to Speek's account, adding that a problem with the "SSL certificates" associated with the registration of the domain name was causing problems for Speek's customers, and that Speek could cure the problem by issuing new SSL certificates once the domain name was transferred to Speek's account. In pertinent part, Mr. Turner told Mr. Powers: I have not heard back from you regarding the speek.com domain registration. As of Friday our users on certain browsers started receiving SSL error warnings when visiting Speek.com Until we have are [sic] able to reissue SSL certificates for the domain this problem will only get worse. Please confirm you received this and if you can make time to get the transfer completed. You can see a video +instructions on how to migrate the domain here: The and GoDaddy account number you want to transfer to is below: webmaster@speek.com customer id:

11 Case 1:15-cv LMB-JFA Document 1 Filed 06/23/15 Page 11 of 22 PageID# 11 If you have any questions about this please don't hesitate to call or or [sic] Ed VanTassel (included on this ). 45. On or about December 4, 2014, John Bracken also sent an to Andrew Powers about the need to transfer the registration of "speek.com" to Speek's GoDaddy account (Exhibit 6), explaining: Hey Andy, we need to address this given our customers are complaining as this is causing errors. Happy to jump on the phone to discuss and address any issues around making this happen properly. We don't need access to the account you just need a person on your team to make the change. 46. Andrew Powers did not respond to this December 4'^ , and Communiclique did not transfer the registration ofthe domain name "speek.com" to Speek. 47. On December 31, 2014, John Bracken sent a text message to Andrew Powers, again asking about the transfer ofthe "speek.com" registration (Exhibit 7), saying: "Hey Andy, how's it going? I really need your help on the Speek domain issue. We need to update the cert today. Can you give me a call." 48. Andrew Powers did not respond to this December 31 ^ text, and Communiclique did not transfer the registration ofthe domain name "speek.com" to Speek. 49. On or about January 6, 2015, Communiclique re-registered the domain name "speek.com" for its own benefit, using the proxy service DB Proxy. 50. In maintaining and renewing its registration of "speek.com," Communiclique sought to hide its conduct concerning its renewal ofthe domain name, and to obstruct and prevent Speek from transferring the registration of the domain name to itself pursuant to its ownership of, and rights in, the name that vested in Speek upon execution of the Transfer Agreement. 11

12 Case 1:15-cv LMB-JFA Document 1 Filed 06/23/15 Page 12 of 22 PageID# 12 Communiciique engaged in such conduct, and sought to accomplish such goals, by the following fraudulent, misleading, and tortious manner and means: (a) using the proxy service DB Proxy to hide and obscure its registration of "speek.com" for its own benefit; and (b) placing the following restrictions on the domain name: (1) a "Client Transfer Prohib ited" lock; (2) a "Client Update Prohibited" lock; (3) a "Client Renew Prohibited" lock; and (4) a "Client Delete Prohibited" lock. Speek's Asset Sale and the Attempted Extortion and Eventual Theft of the Domain Name 51. Beginning in or about early 2015, Speek entered into negotiations with Jive for the sale of Speek's business and operating assets, the amount of approximately $150,000 (the "Sale"). 52. On or about February 26, 2015, in an effort to confirm control by Speek over all ofits intellectual property, in preparation for the Sale and for further financing, and to solve the difficulties caused to Speek's customers because of the issues with the SSL certificates, John Bracken sent an to Andrew Powers again asking Communiciique to transfer the registration and control of"speek.com" to Speek (Ex. 8), saying in pertinent part: Also, I have tried repeatedly to contact you regarding the transfer of the Speek.com domain into the Speek corporate account. Our operations/tech team needs to have control and ownership over this. We are unfortunately now seeing errors in browsers which is causing many of our customers to not be able to access the Speek service (see below) and our team has no ability to fix the issue. The situation is getting worse and we need to transfer this domain this week into the Speek account and update the certificate to prevent future domain security issues moving forward. It is also difficult to move forward with the any fmancing/m&a opportunities and our customers are complaining. Let me know when we can take care ofthis issue and our team is happy to help make this transfer happen. 12

13 Case 1:15-cv LMB-JFA Document 1 Filed 06/23/15 Page 13 of 22 PageID# By letter dated March 13, 2015 (the "Demand Letter," Exhibit 9), Communiclique expressly refused this request, repudiating the Transfer Agreement as it pertained to the assignment of Communiclique's IP, including the domain name "speek.com." Communiclique demanded that all Communiclique IP be returned to Communiclique, saying in pertinent part: [C]ommuniclique demands that all intellectual property purportedly transferred or licensed under the IP [Transfer] Agreement be returned to Communiclique, or that further assurances be made that such intellectual property will not be transferred or licensed in connection with a sale ofspeek. 54. In this Demand Letter, Communiclique also demanded that Speek pay the full amount of a default judgment purportedly entered against Communiclique in the case of Motion Requirement Partners, Inc. v. Communiclique, Inc. (the "MRPIjudgment"), purportedly entered in the Circuit Court of Fairfax County, Virginia (Case No. CL ), including (a) the amount of $40, and (b) interest owed on this amount at the rate of 18% per annum commencing October 17, 2011, amounting to $24, as of the date of the Demand Letter. The total of the initial judgment amount and this interest was approximately $65, Communiclique made this demand despite Speek having no legal or contractual duty to pay any part ofthis judgment. 55. On or about June 15, 2015, Speek's management reached an agreement with Jive for sale ofthe business and assets ofspeek in exchange for $150, On or about June 15, 2015, Andrew Powers, acting on behalf of and in his capacity as CEO of Communiclique, sent a letter to John Bracken (the "Powers Letter") in his capacity as CEO of Speek demanding the sale of all of Speek's operating assets to Communiclique, in exchange for: $210,000, less the current value of the MRPI judgment plus interest (about $65,000), and less an additional amount ofapproximately $30,000. (Exhibit 10.) The total value 13

14 Case 1:15-cv LMB-JFA Document 1 Filed 06/23/15 Page 14 of 22 PageID# 14 of such sale being approximately $115,000, or approximately $35,000 less in value than the pending sale to Jive. 57. Communiclique demanded that a signed copy of the Powers Letter be returned to Communiclique no later than "5:00 p.m.. Eastern Time, on June 18, 2015," and if such signed copy of the letter was not forthcoming at that time, then the "offer" would be withdrawn and Communiclique would "proceed with transitioning the speek.com URL it owns to communiclique.com." 58. By such demand, Communiclique threatened to redirect the domain name speek.com to a website other than that belonging to Speek, causing Speek's services to be no longer available for its customers, thus destroying the commercial viability and value ofspeek. 59. On or about June 16, 2015, the Board ofdirectors ofspeek voted to sell the business and operating assets of Speek to Jive. The sale was executed in three parts (collectively the "Jive-Speek Sales Agreement"): (a) an Asset Purchase Agreement (Exhibit 11), dated June 16, 2015, which expressly included the purchase ofthe "Speek.com domain" (id. at Sch. 2.4); (b) an Intellectual Property Assignment Agreement (Exhibit 12), dated June 16, 2015; and (c) a Bill ofsale (Exhibit 13), dated June 16, On June 22, 2015, Communiclique and DB Proxy caused GoDaddy and Verisign to redirect the domain name "speek.com" from the Speek website and its IP address (Exhibits 14 and 15), thus destroying the Speek business belonging to Jive. 14

15 Case 1:15-cv LMB-JFA Document 1 Filed 06/23/15 Page 15 of 22 PageID# 15 COUNT ONE Defendant Communiclique (Breach of Contract, Virginia Common Law) 61. Plaintiff Speek realleges and incorporates by reference the allegations contained in paragraphs one through sixty ofthis Complaint and further alleges: 62. At all times pertinent to this Complaint, Communiclique knowingly and intentionally breached its Transfer Agreement with Jive, as the successor to Speek, by intentionally failing to transfer the registrationofthe domain name "speek.com" to Speek. 63. At all times pertinent to this Complaint, Communiclique knowingly and intentionally further breached its Transfer Agreement with Jive, as the successor to Speek, by maintaining the registration of, and exercising control over, the domain name "speek.com," doing so by and through DB Proxy. 64. On or about June 22, 2015, Communiclique knowingly and intentionally further breached its Transfer Agreement with Jive, as the successor to Speek, by redirecting the domain name "speek.com" away from the IP address ofthe Speek website, doing so by and through DB Proxy. 65. By such breach ofcontract on the part ofcommuniclique, Jive suffered real damages in an amount in excess of its sale price for Speek's business and operation assets, this being in excess of$150,

16 Case 1:15-cv LMB-JFA Document 1 Filed 06/23/15 Page 16 of 22 PageID# 16 COUNT TWO Defendant Communiclique (Cybersquatting, 15 U.S.C. 1125(d)) 66. Plaintiff Jive realleges and incorporates by reference the allegations contained in paragraphs one through sixty-five ofthis Complaint and further alleges: 67. At all times pertinent to this Complaint, Jive and its predecessor in interest Speek held a common law trademark in the mark "Speek," which mark was transferred from Communiclique to Speek pursuant to the Transfer Agreement between these companies dated June 25, Beginning on or about August 6, 2013, Jive and its predecessor in interest Speek held a registered trademark in the mark "SPEEK" with the U.S. Patent and Trademark Office. 69. At all times pertinent to this Complaint, Jive and its predecessor in interest Speek held all rights in the domain name "speek.com," which rights were transferred from Communiclique to Speek pursuant to the Transfer Agreement. 70. The mark "speek.com" is identical to, and is confusingly similar to the trademark "SPEEK." 71. During the period June 25, 2012 until and including Jun 16, 2015, despite numerous requests by Speek, Communiclique knowingly and purposely failed to transfer the registration of the domain name speek.com from itselfto Speek, who was the owner ofall rights in this domain name. 72. On or about January 6, 2015, when Communiclique renewed the registration of the domain name "speek.com," doing so through a proxy service, Communiclique had no rights or interest in this domain name; and for this reason, this renewal was a registration of the domain 16

17 Case 1:15-cv LMB-JFA Document 1 Filed 06/23/15 Page 17 of 22 PageID# 17 name "speek.com" as the term "registration" is meant in the Anti Cybersquatting provisions of the Lanham Act, 15 U.S.C. 1125(d). 73. On or about June 22, 2015, when Communiclique redirected the domain name "speek.com" away from the IP address of the Speek website, doing so through a DB Proxy's proxy service, this redirection was a use of, and trafficking in, the domain name "speek.com" as the terms "use" and "traffic" are meant in the Anti Cybersquatting provisions ofthe Lanham Act, 15U.S.C. 1125(d). 74. Communiclique re-registered, and used and trafficked in the domain name "speek.com" in bad faith, doing so for the purposes of (a) holding the domain name hostage so as to extort Speek to pay Communiclique the value ofthe MRPI judgment with interest, plus additional monies; (b) using the domain name for its own business purposes, that is, to redirect the domain name to its own business website "communiclique.com"; and (c) preventing Jive, the buyer ofspeek, from using the domain name, 75. By means of the aforesaid conduct, Communiclique acted in violation of the Anti Cybersquatting provisions of the Lanham Act, 15 U.S.C. 1125(d). 76. As a result ofsuch conduct and such violation by Communiclique, Jive suffered real damages in an amount in excess ofthe sale price for Speek's business and operational assets, this being in excess of$150,

18 Case 1:15-cv LMB-JFA Document 1 Filed 06/23/15 Page 18 of 22 PageID# 18 COUNT THREE Defendants Communiclique and Domains By Proxy (Conversion, Virginia Common Law) 77. Plaintiff Jive realleges and incorporates by reference the allegations contained in paragraphs one through seventy-six ofthis Complaint and further alleges: 78. Upon information and belief, based upon the known business practices of Communiclique, the websites of GoDaddy and DB Proxy, and the domain name proxy agreement posted by DB Proxy on its website, Communiclique transferred the registration of record for "seek.com" from itself to DB Proxy using services provided by GoDaddy; Communiclique executed the DB Proxy proxy agreement from a location at or near its offices in Arlington, Virginia, doing so in the Eastern District ofvirginia; and agreed to pay and in fact did pay GoDaddy and DB Proxy the fee of$7.99 per year for the proxy service. 79. Upon information and belief, DB Proxy regularly does business in the Eastern District of Virginia by executing domain name proxy agreements with customers in this district; and collecting fees from such customers. 80. On or about June 22, 2015, Jive, acting though its attorney and agent, notified DB Proxy of its ownership of and right to the registration of the domain name "speek.com"; the wrongful redirection of the domain name away from the IP address of the Speek website; and the harm caused to Jive by such wrongful redirection. 81. In providing this notification. Jive's attomey and agent spoke, by telephone, with "Jose" in DB Proxy's billing department, and with "Jose's" supervisor, Alan Moreno. Both refused to accept documents confirming Jive's rights to the domain name "speek.com"; and refused to put Jive's attomey and agent in touch with DB Proxy's legal department, despite repeated requests. 18

19 Case 1:15-cv LMB-JFA Document 1 Filed 06/23/15 Page 19 of 22 PageID# At all times pertinent to this Complaint, Jive, directly and through its predecessor Speck, had ownership in and all rights to the registration and control of the domain name "speek.com." 83. On or about June 22, 2015, Communiclique and DB Proxy, acting individually and jointly, exercised dominion and control over Jive's property, this being the domain name "speek.com," depriving Jive of its rightful possession and use of this domain name. 84. As a result ofsuch conduct. Defendants Communiclique and DB Proxy converted the domain name "speek.com" to themselves; and Jive, successor to Speek, suffered real damages in an amount in excess of its sale price for Speck's business and operation assets, that is, in excess of$150,000. COUNT FOUR Defendants Communiclique and Domains By Proxy (Declaratory Judgment, 28 U.S.C. 2201) 85. Plaintiff Jive realleges and incorporates by reference the allegations contained in paragraphs one through eighty-four ofthis Complaint and further alleges: 86. A valid case or controversy exists for this Court to declare the rights and remedies of the Parties in that: (a) the Transfer Agreement establishes that Communiclique sold and assigned all rights that it had in the domain name "speek.com" to Speek; and (b) the Jive-Speek Sales Agreement establishes that Speek sold and transferred all rights that it had in the domain name "speek.com" to Jive. 87. The controversy is ripe for determination at this time because: 19

20 Case 1:15-cv LMB-JFA Document 1 Filed 06/23/15 Page 20 of 22 PageID# 20 (a) Jive has purchased for good and tangible consideration the business and operational assets ofspeek; (b) the domain name "speek.com" is critical to the continued and viable operation of the Speek website and therefore the Speek business; and (c) the redirection of the "speek.com" domain name away from the Speek website is damaging the Speek business and is causing irreparable harm to that business and to its owner Jive. 88. Jive has the requisite standing to request this declaration in that: (a) it has purchased the Speek business and operational assets, including ownership and all rights in the "speek.com" domain name; and (b) it is being financially harmed by the redirection of the "domain name "speek.com" away from the Speek website. 89. Jive requests an Order from this Court declaring that Jive is the lawful owner and registrant ofthe domain name "speek.com," pursuant to 28 U.S.C

21 Case 1:15-cv LMB-JFA Document 1 Filed 06/23/15 Page 21 of 22 PageID# 21 Prayer for Relief PlaintiffJive Communications, Inc. asks for judgment in its favor as follows: 1. Judgment be entered against Defendants Communiclique, Inc. and Domains By Proxy LLC for a mandatory injunction transferring the registration and control of the domain name "speek.com" to Jive; 2. Judgment be entered against Defendants Communiclique, Inc. and Domains By Proxy LLC for the value of the domain name "speek.com" and for the value of Speek's present and ftiture business in an amount in excess of$150,000, the specific amount to be proven at trial; 3. Interest on the above damages; 4. Punitive damages against Defendants Communiclique, Inc. and Domains By Proxy LLC, for Count Three, in an amount not less than $2,000,000; 5. Attorney fees, costs, and expenses; 6. Judgment in the form of a declaration that Jive has full ownership and all rights in the domain name "speek.com"; and 7. Any other reliefthe Court deems equitable and appropriate. 21

22 Case 1:15-cv LMB-JFA Document 1 Filed 06/23/15 Page 22 of 22 PageID# 22 JURY TRIAL DEMAND PlaintiffJive Communications, Inc. requests trial by jury ofall claims that may be tried in the United States District Court for the Eastern District ofvirginia Date: June 23,2015 ELITAAMATO, (VA. Bar NO ) 1600 Wilson Blvd., Suite 205 Arlington, Virginia Telephone (703) Facsimile: (703) Amato.law@comcast.net OF COUNSEL: Andrew Grosso, Esq. ANDREW GROSSO & ASSOCIATES (D.C. Bar No ) 1101 Thirtieth Street NW Washington, D.C Telephone (202) Facsimile: (202) agrosso@acm.org James Moody, Esq. (D.C. BarNo ) 1101 Thirtieth Street NW Washington, D.C Telephone (202) Facsimile: (202) moodyjim@aol.com 22