COMPLAINT-2 Civil Action No.

WZRD-6-1001 P01 CMP (5 13 14 Final and Approved)

3.

Upon information and belief, in a deliberate attempt to profit from Wizards’

valuable intellectual property and hard-earned reputation, Cryptozoic Entertainment, LLC

(“Cryptozoic

Entertainment

”) and Hex Entertainment, LLC (“Hex

Entertainment”) (collectively “Cryptozoic”)

have, in the

game “Hex

:

Shards of Fate,”

(“

Hex

”)

copied the look and feel, the ornamental aspects, and the pleasing and ornamental layout of the functional features of Magic trading cards. Cryptozoic Entertainment and Hex Entertainment have, further, implemented those copied playing cards in promulgation of a game that substantially duplicates the mechanics, plot, actions and elements of Magic, often retaining the same name for actions within the game play.

Moreover, Cryptozoic’s willful intent to trade off of Wizards’ intellectual

property and to create a false association between Hex and Magic is evident by the fact that it chose to copy the distinctive Magic playing pieces. Wizards brings this suit to address its considerable losses and prevent the willful infringement of its valuable intellectual property rights.

Cryptozoic’s

willful and malicious misappropriation has caused and will continue to cause irreparable and continuing harm to Wizards.

II.

JURISDICTION

AND

VENUE

4.

This Court has original jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338 because this action alleges violations of federal statutes including the Copyright Act (17 U.S.C. § 101), the Lanham Act (15 U.S.C. §§ 1114), and the Patent Act (35 U.S.C. §§ 101). 5.

This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1332 (diversity jurisdiction). 6.