Case 3:25-cv-01489-BAS-BLM Document 1 Filed 06/14/25 PageID.

1 Page 1 of 41

1
•
NICHOLAS 8. JANDA (SBN 253610)
•
nick.janda(@,dentons .com
2 DENTONS--US LLP
3 601 South Figueroa Street, Suite 2500
Los Angeles, California 90017-5704
Telephone: (213) 623-9300
4 Facsimile: (213) 623 -9924

5 MONICA B. RICHMAN (pro hac vice pending) FILED

monica.richman(a),dentons.com
6 DANIEL A. SCHNAPP (pro hac vice pending) Jun 14 2025
daniel .schnapp(a),dentons.com
7 MARY KATE 'l3RENNAN (pro hac vice pending) CLERK, U.S. DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
marykate.brennan(a),dentons.com BY s/ gloriavocal DEPUTY
8 DENTONS US LLP
1221 A venue of the Americas
9 New York, New York 10020-1089
Telephone: (212) 768-6700
1O Facsimile: (2 12) 768-6800
11 Attorneys for Plaintifl
DAYBREAK GAME COMPANY LLC
12

13 UNITED STATES DISTRICT COURT

14 FOR THE SOUTHERN DISTRICT OF CALIFORNIA
15

16
17 DAYBREAK GAME COMPANY CONFIDENTIAL - l'ILl!!B tH,Bl!!R
~
LLC,
18 '25CV1489 BAS BLM
Case No. = = = =- - - -
19 Plaintiff, COMPLAINT FOR:
20 v.
COPYRIGHT
INFRINGEMENT, VIOLATION
21 KRISTOPH ER TAKAHASHI, OF THE DMCA, TRADEMARK
ALEXANDER TAYLOR, and DOES DILUTION, UNFAIR
22 COMPETITION, BREACH OF
1-20, inclusive,
CONTRACT, AND UNJUST
23 ENRICHMENT
24 Defendants.
25

26

27

28
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•
Plaintiff Daybreak Game Company LLC (" Plaintiff' or "Daybreak"), by and
2 through the undersigned counsel, alleges as follows, upon actual knowledge with
3 respect to itse lf and its own acts, and upon information and belief as to all other
4 matters.
5
INTRODUCTION
6
1. This action arises from Defendants' systematic and ongoing
7
infringement of Plaintiff's valuable intellectual property rights in the iconic
8
EverQuest franchise . Defendants have created, operated, and promoted an
9
unauthorized EverQuest emulator called "The Heroes' Journey" ("THJ") that
10
brazenly copies Daybreak's copyrighted game content, circumvents Daybreak's
11
technological protection measures, dilutes Daybreak's famous EVE RQU EST mark,
12
and generates revenue through a thinly-d isguised " donation" system. THJ requires
13
users to download and modify Daybreak's legitimate EverQuest client software, then
14
redirects players to Defendants ' unauthorized servers where players can access
15
substantially identical copies of Daybreak's copyrighted characters, environments,
16
story li nes, and game mechanics. Defendants aggressively have promoted THJ across
17
social media platforms, gaming forums , and video channels, consistently marketing
18
THJ as an enhanced "EverQuest experience" to attract players away from Daybreak's
19
legitimate EverQuest service. This ongoing infringement already has caused
20
substantial irreparable harm to Daybreak through loss of control over its intellectual
21
property, dilution of its valuab le EVERQUEST mark, siphoning of legitimate
22
EverQuest players, and lost revenue . Plaintiff seeks emergency injunctive relief to
23
immediately halt Defendants' infringing activities, as we ll as permanent injunctive
24
relief, monetary damages, and other appropriate remedies because Defendants'
25
conduct threatens the integrity and sustainabi lity of Daybreak's core business and
26
va luable intellectual property rights , and monetary damages a lone cannot remedy the
27
ongoing erosion of Daybreak's market position and trademark rights.
28
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•
THE PARTIES, JURISDICTION, AND VENUE
•
2 2. Plaintiff, Daybreak Game Company LLC, is a Delaware limited liability
3 company with its principal place of business in San Diego, California

4 3. Daybreak owns the EverQuest intellectual property, including but not

5 limited to all copyrights and trademarks associated with the EverQuest franchise .

6 4. Defendants are individuals who have collaborated to create, develop,

7 distribute, and promote the unauthori zed and illegal EverQuest emulator called "The

8 Heroes' Journey":

9 a. Defendant Kristopher Takahashi , also known by the alias

10 "Aporia," is the primary game producer of THJ. Aporia has been the main voice of
11 THJ in interviews, Discord communications, and promotional videos. Mr. Takahashi
12 directly has contributed to the development of THJ's core functionality and has
13 actively promoted THJ ;
14 b. Defendant Alexander Taylor, also known by the alias
15 "Catapultam-Habeo," is a lead developer of THJ responsible for significant code
16 contributions to the project. Catapultam-Habeo also actively has been promoting THJ
17 along with Aporia through online forums and interviews .

18 5. Defendants DOES 1-20 are individuals whose identities are currently

19 unknown to Plaintiff but who have materially contributed to the development,
20 distribution, or promotion of THJ. They include individuals who have contributed
2 1 code to the project, assi sted in its distribution, pa1iicipated in its administration,

22 engage in promotion activities, or otherwise, acting along and in concert, facilitated

23 its infringing activities.
24 6. This Court has subject matter jurisdiction over this action pursuant to 28
25 U.S.C. §§ 1331 and l 338(a) because this action arises under the Copyright Act, 17
26 U.S.C. §§ 101 et seq., the Lanham Act, 15 U.S.C. §§ 1051 et seq. , and the Digital
27 Millennium Copyright Act, 17 U.S.C. §§ 1201 et seq.

28
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7.
• •
This Court has supplemental jurisdiction over Plaintiff's state law claims
2 pursuant to 28 U .S.C. § l 367(a) because they are so related to Plaintiff's federal
3 claims that the state law claims form part of the same case or controversy.
4 8. This Court has personal jurisdiction over Defendants because:
5 a. Defendants agreed to personal jurisdiction in this District when
6 they accessed and used the EverQuest software subject to Daybreak's End User
7 License Agreement ("EULA"), attached hereto as Exhibit A, which explicitly states:
8 "Both parties submit to personal jurisdiction in California and further agree that any
9 cause of action relating to this Agreement shall be brought in the County of San

IO Diego, State of California (if under State law) or the Southern District of California
11 (if under federal law)." This forum selection clause is enforceable and establishes
12 personal jurisdiction over Defendants.
13 b. Defendants purposefully have directed their activities toward
14 California and this District by, among other things, operating an interactive website
15 accessible to California residents , and actively soliciting users located in California;
16 C. Defendants have caused harm that they knew would be felt in
17 California, where Daybreak is headquartered and where Daybreak owns and manages
18 the EverQuest intellectual property;
19 d. Defendants have knowingly and intentionally infringed the
20 intellectual property owned by a California company, thereby expressly aiming their
21 conduct at California; and
22 e. Upon information and belief, Defendants have received
23 substantial monetary compensation through their "donation" system from users
24 located in California, demonstrating purposeful availment of the benefits and
25 protections of California law and creating sufficient minimum contacts with this
26 forum.
27 f. The exercise of jurisdiction over Defendants is reasonable and
28 comports with fair play and substantial justice.
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9.
• •
Venue is proper in this District pursuant to 28 U.S.C. §§ 139l(b) and
2 1400( a) because:
3 a. Defendants consented to venue in this District through their
4 agreement to Daybreak's EULA, which designates the Southern District of
5 California as a forum for any cause of action relating to the Agreement;
6 b. A substantial part of the events giving rise to Plaintiff's claims
7 occurred in this District, including the development and ownership of Plaintiff's
8 intellectual property at issue;
9 C. Plaintiff is headquartered in this District and has suffered harm in
10 this District; and
11 d. Defendants are subject to personal jurisdiction in this District.
12 I 0. To the extent any Defendants are foreign entities or individuals not
13 resident in the United States, venue is also proper under28 U.S.C. § 139l(c)(3), which
14 provides that a defendant not resident in the United States may be sued in any judicial
15 district.
16 FACTUAL BACKGROUND
17 A. EverQuest's Groundbreaking Success
18 11. EverQuest is one of the most commercially successful and culturally
19 influential massively multi player online role-playing games ("MMORPG") in gaming
20 history.
21 12. Since its release in 1999, EverQuest has become a cultural phenomenon
22 and cornerstone of the MMORPG genre.
23 I 3. EverQuest's rich fantasy world of Norrath has captivated millions of
24 players worldwide, fostering deep emotional connections and creating lasting
25 experiences across generations of gamers. This meticulously crafted universe is
26 populated with original and distinctive characters, creatures, locations, and sto1ylines
27 that have become well-known and highly valued intellectual property.
28
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14. Daybreak has continuously developed and supported EverQuest through

2 the release of numerous expansion packs that introduced new gameplay mechanics,
3 character classes, races, items, and challenges, contributing to the extraordinary
4 longevity of the EverQuest experience . This consistent dedication to quality and
5 innovation has attracted and retained one of the most passionate and dedicated player
6 communities in gaming history, some of whom have played E verQuest for decades.
7 15. The impact of EverQuest also extends far beyond entertainment value,
8 as the game has fostered profound human connections resulting in many real-world
9 friendships , re lationships, and even marriages between players who first met in
0
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15 B. EverQuest's Development and IP
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17 by Sony in 1999.
18 18 . In 2015, Sony Online Entertainment LLC , which included the EverQuest
19 development team and all rights in the EverQuest game franchise and related IP ,
20 including all ri ghts detailed in the EULA, was acquired by a private buyer and
21 renamed Daybreak Gam e Company LLC.
22 19. As the current owner and guardian of the EverQuest legacy , Daybreak
23 holds the intellectual property rights to the copyrights to the E verQuest game 's
24 intricate code, distinctive at1work , memorable characters, rich storylines and all other
25 creative elements that make Norrath special , unique, and original. Daybreak' s
26 Eve rQuest is protected by numerous registered copyrights, including those listed in
27
28
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Case 3:25-cv-01489-BAS-BLM Document 1 Filed 06/14/25 PageID.7 Page 7 of 41

the chart below:

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,, ,.D 'Title •:j, .f':~r~~t -;~'it tr· ••
'<• Re~. No.
3
EverQuest. PA0000933147
'
4 EverQuest. TX0004879520
EverQuest. (map) VA 000 I0 I 5 I 54
5 Everquest, the ruins of Kunark. PA000 I001701
EverqQuest : the scars of vet ious PA000 I077985
6
EverQuest, shadows of Luclin. PA000 I084803
7 EverQuest : Planes of Power. PAO00 1245922
EverQuest Planes of Power: Prim a's official strategy
8 TX0005635557
guide
EverQuest: the ruins of Kun ark/written by Brad
9 TX000549374 I
McQuaid and Jim Lee
0 10 Everquest: tran sformation/writer, Devin Grayson ;
o'<t TX0005593463
v,O
Nr--- artist Philip S. Tan
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s- II EverQuest : Lo st Dungeons of Norrath . PAO00 1246135
v,O
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VJ oc z r') EverQuest on line advent ures: Frontiers. PA000 1246134
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EverQuest : Gates of Discord . PA000 1256065
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EverQuest atlas : the maps of Myri st / compiled by
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Mae lin Starpyre.
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Everquest : dragons of Norrath . PA000l259 127
17 The Shadows of Luci in VAU000529434
EverQuest : Rain of Fear (Clienl-Side Code 2013) PA0002533309
18
EverQuest Franchise Primer TX00024909 I 3
19 Encyclopedia Norrathica - A complete and
unabridged compilation of hi storical , geographical TX000249 I692
20 and theologica l writings of the world of Eve rQuest.
21 Norrathica - An edited compi lation of hi storica l,
TX00024909 I9
geographical and theological writings on the world
22 EverQuest: Rain of Fear (Clienl-Side Code 20/ 2) PA0002533 846
EverQuest: Rain of Fear - Server-Side Code PA0002533847
23
Case No. I-
Cazic-Thule (I 999)
24 14932662144
Case No. I-
Caz ic-Thu le (20 /0)
25 14932585291
Case No. I-
26 Lord Naga fen (I 999)
14932585581
27 Case No . I-
Lord Nagafen (2006)
14932585548
28 Lady Vox (I 999) Case No . I-
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• • 14932572631
2
Case No . 1-
Lady Yox (2006)
14932572631
3 Case No. 1-
lnnoruuk
14932585515
4

5 Copies of the above referenced registrations are attached hereto as Exhibit B.

6 20. Daybreak also maintains trademark protection for the iconic EverQuest
7 name, its expansion packs and related marks, which have become synonymous with
8 a groundbreaking online gaming experience, including those listed in the chart below:

9
Trademark U.S. Reg. No . Goods & Services (lnt'l Class) First Use
10 EVERQUEST 2520693 Metal key chains and pewter Nov. I ,
II figurines (006); 2000

12 Non-metal key chains and figurines

made of plastic (020)
13 EVERQUEST 21379 11 Computer and video game software June 16,
(028) 1997
14
EVERQUEST 2507594 Operating a real time, ro le playing March
15 game fo r others over global and 16, 1999
local area computer networks (041)
16 EVERQU EST 2952622 Computer game software and video Aug . 18,
EVOLUTION game software (009); 2003
17
Operating a real time game for
18
others over computer networks
19 (041)
EVERQU EST II DESTINY 4026845 Computer game software and video Feb. 22,
20 OF VELIOUS game software; providing 20 11
down loadable multiplayer, role
21 playing, real time computer and
22 video game software via an online
website for entertainment purposes
23 (009);

24 Entertainment services, namely,

operating a multiplayer, role
25 playing, real time game for others
26 via the Internet and local area
computer networks (041)
27 EVERQUEST HOUS E OF 4026846 Computer game software and video Oct. 12,
THUL E game software; providing 2010
28
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downloadable multiplayer, role

playing, real time computer and
2
v ideo game software via an online
3 website for entertainment purposes
(009);
4
Entertainment services, namely,
5 operat ing a multiplayer, ro le
playing, real time game for others
6
v ia the Internet and loca l area
7 computer networks (04 1)
EVERQUEST: THE 2562334 Operating a rea l time, role playing April 24,
8 RUINS OF KUNARK game for others over global and 2000
local area computer networks (04 1)
9

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Copies of the above referenced registrations are attached hereto as Exhibit C.
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area computer networks." See Ex. C. T his registration is va lid and subsisting.
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Daybreak has used the EVERQUEST mark continuously in interstate commerce s ince
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1999, and the mark has achieved widespread recognition and fame among consumers
17
in the United States as a designation of source for massively multiplayer online role-
18
playing games and related entertainment services.
19
22. To preserve the integrity of the EverQuest world and continue suppo11ing
20
its dedicated community, the authentic EverQuest experience rema ins access ible
21
exclusively through official channe ls, including Daybreak's subscription service and
22
authorized game servers that ensure every player has a high quality experience.
23
23 . With the development, distribution, and promotion of THJ, Defendants
24
have implemented a reverse-engineered server-side EverQuest infrastructure and
25
created an unauthorized access point to Norrath and a modified, derivative game
26
experience that re lies entirely on Daybreak's intellectual property.
27
24. T hrough the development and distribution ofTHJ, Defendants' conduct
28
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41

has caused and is continuing to cause irreparable harm to Daybreak by undermining

2 the exclusivity of its intellectual prope1ty, diverting customers, and eroding consumer
3 confidence in the authenticity of the EverQuest experience. This ongoing harm to the
4 EverQuest franchise cannot be remedied solely by monetaiy damages.
5 C. EverQuest's Iconic Characters
6 25. For nearly 30 years, Daybreak has created numerous iconic characters
7 that have become central to the EverQuest experience. These characters are
8 distinctive, original, and integral to the EverQuest experience. The EverQuest
9 characters are unique, original visual designs with backstories, abilities, and roles
IO existing in the game world of Norrath. Among the most significant are the following
11 four characters ("Iconic EverQuest Characters"):
12 a. Lady Vox - An ancient ice-blue dragon and one of EverQuest's
13 most recognizable antagonists, first introduced in the original 1999 release. Lady Vox
14 represents one of the Game's original epic encounters. Her distinctive visual design-
15 featuring a massive white dragon form with unique scale patterns and anatomical
16 features- and her specific combat abilities and lore are original creative works
17 developed by the EverQuest game team and owned by Plaintiff. Lady Vox has
18 appeared in multiple EverQuest expansions and has been featured prominently in
19 marketing materials, merchandise, and promotional content, enhancing her
20 recognition and commercial value.
21

22

23

24

25
26

27

28
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15 b. Lord N agafen - A legendary red dragon who serves as a
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17 EverQuest. Lord Nagafen, like Lady Vox, represents a pinnacle achievement for
18 players to confront. His distinctive visual design as a massive red dragon with
19 unique physical characteristics and his specific combat abilities and lore are
20 original creative works. Lord Nagafen has appeared throughout the game's history
21 in multiple contexts and has been featured in merchandise and promotional
22 materials, demonstrating his substantial commercial value to Plaintiff.
23
24
25
26
27
28
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14 c. lnnoruuk - Known as the "Prince of Hate" and one of the most
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16 release, lnnoruuk features a highly distinctive visual design as a tall, menacing deity
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17 with horns, crimson skin, and unique ceremonial attire that visual ly differentiates him
18 from generic fantasy villains . His domain, the Plane of Hate, represents one of
19 EverQuest's most challenging and iconic raid zones, featuring distinctive and original
20 architecture and visual elements designed specifically to refl ect his malevolent nature.
21 lnnoruuk has been featured prominently in official EverQuest novels, strategy g uides,
22 comic boo ks, and promotional materials, further enhancing his recognition and
23 substantial commercial value to Plaintiff.
24
25
26
27
28
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•
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15 Cazic-Thule is one of the most important deity figures in the EverQ uest pantheon.
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17 towering, reptilian deity with multiple arms and a unique head design. Cazic-Thule
18 plays a central role in the Game's lore and mythology, with an extensive backstory
19 that has been developed across numerous EverQ ue st game expansions. His distinctive
20 appearance, abilities, and role in the EverQ uest world represent substantial creative
21 investment by Plaintiff and significant commercial value.
22
23
24
25
26
27

28
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26. The Iconic EverQuest Characters, inter alia, are not generic fantasy
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law. The original visual designs, storylines, combat mechanics, and in-game roles of
17
The Iconic EverQuest Characters are the result of substantial creative investment.
18
27. The Iconic EverQuest Characters have acquired substantial commercial
19
value through their prominent feature in:
20
a. Multiple EverQuest game expansions released over more than
21
twenty years;
22
b. Official EverQuest merchandise including figurines , a1twork,
23
clothing, and collectibles;
24
C. Strategy guides, lore books, and other official publications;
25
d. Marketing and promotional materials used to advertise EverQuest
26
and its expansions; and
27
e. Community events and conventions where these characters are
28
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•
featured prominently.
41

•
2 28. The Iconic EverQuest Characters are recognizable symbols of the
3 EverQuest brand and drive player engagement and retention. Players often subscribe
4 to EverQuest specifically to experience encounters with these characters, representing
5 direct revenue for Plaintiff.
6 29. THJ directly appropriates these valuable character prope11ies by
7 incorporating identical or substantially similar versions of the Iconic EverQuest
8 Characters and numerous other distinctive EverQuest characters. Screenshots, videos,
9 and promotional materials for THJ prominently feature EverQuest characters,
IO demonstrating Defendants' unauthori zed use of Plaintiff s intellectual property for
11 Defendants' commercial advantage.
12 D. THJ Emulator's Unauthorized Activities
13 30. THJ has engaged in systematic and deliberate copyright and trademark
14 infringement through the following activities:
15 a. Altering critical client-side (on the player's computer) game files
16 to redirect server communication from official Daybreak servers to unauthorized THJ
17 emulator servers. Specifically, THJ modifies the "eqhost.txt" file, which contains
18 server connection parameters and causes the client-side files to communicate with a
19 server that controls the authentication process;
20 b. Bypassing Daybreak's account authentication system, which
2 1 ordinarily requires :

22 1. Creation of a valid Daybreak Account through Daybreak 's

23 official website;
24 11. Authentication of that account through Daybreak's secure
25 login servers;
26 111. Verification of an active subscription or appropriate account
27 status;
28 1v. Communication with Daybreak 's authentication servers to
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•
validate access permissions; and
2 v. Ongoing verification of account credentials throughout the
. .
3 gam ing session;
4 C. Creating promotional materials for THJ that present the EverQuest
5 characters, environments, and gameplay systems as if they
6 originated with Defendants rather than Daybreak;
7 d. Making statements suggesting that THJ's content was created
8 through Defendants' independent effo11s;
9 d. Replacing certain splash screens and user interface elements while
0
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10 deliberately preserving others that contain Daybreak's copyrighted imagery and
" ' .,,r--
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11 registered trademarks;
3Q
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en oc z <'"I
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o ::::;-o 13 Journey" branding alongside retained EverQuest logo elements, making consumer
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14 confusion likely regarding the origin of the software;
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15 f. Altering loading screens that display Daybreak's copyright
V'; V)

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16 notices, thereby removing critical legal information regarding intellectual property
"'
17 ownership; and
18 g. Implementing patches to bypass Daybreak's authentication
19 systems and digital rights management protections.
20 E. THJ's Unauthorized Server Emulation
21 3l. T he THJ project has developed server emulation software that:
22 a. Replicates proprietary server-side code and protocols developed
23 by the EverQuest team ;
24 b. Works in conjunction with the THJ client, the software application
25 that runs on a player's personal computer, to recreate Daybreak's copyrighted game
26 world and experience, including zones, non-player characters, quests, items, and
27 dialogue from the Eve rQuest Rain of Fear ("RoF") expansion;
28 C. Implements modified versions of the EverQuest game mechanics,
- 16-
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•
progression systems, and character development features;
2 d. Utilizes and causes the display of Daybreak's protected EverQuest
3 characters, locations, and storylines without authorization; and

4 e. Integrates substantial portions of Daybreak's copyrighted content

5 while making unauthorized modifications to create an alternative game experience.
6 F. THJ's Specific File Modifications to the RoF Game Install
7 32. Technical analysis of the THJ installer and associated software reveals
8 the following specific unauthorized modifications to Daybreak's copyrighted

9 material, specifically THJ:

0
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10 a. Extracted, modified, and recompiled with altered parameters data
,r,O
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v, O
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Vlcc ,- r...,.
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Z O :::i "'
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15 environmental data, spawn locations, and navi gation meshes from their original state;
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16 d. Altered item databases to modify the attributes, availability, and
"'
17 acquisition methods of in-game items;
18 e. Reverse-enginee red and modified client-server communication
19 protocols to communicate with unauthorized servers; and
20 f. C ircumvented through unauthorized modifications to client files
2 1 that point the clie nt software to non -a uthorized account a uth entication mechanisms .

22 G. Development and Distribution of THJ

23 33. At least the following GitHub repositories are associated with THJ:
24 a. https://github.co m/The-Heroes-Journey-EOEMU/Server A
25 public repository forked from EQ Emu/Server containing the core server code for THJ.
26 It has 14,3 13 commits and was last updated on June 7, 2025. This repos itory contains

27 the fundamental emulator code that powers the THJ server, including the

28 multiclassing functionality that alters it from standard EverQuest.

- 17-
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b.
• 41

https://github.com/The-Heroes-Journey-EQEMU/guests A
2 public repository containing scripts for the quest system in THJ. This repository has
3 25 commits and was last updated on June 7, 2025 . These scripts control NPC
4 behaviors, quest rewards, and gameplay mechanics specific to THJ.

5 C. https://github.com/The-Heroes-Journey-EQEMU/egemupatcher -
6 A public reposito1y forked from xackery/eqemupatcher containing the code for the
7 file comparison and patching utility. This reposito1y has 647 commits and was last
8 updated on June 4, 2025. This tool modifies the legitimate E verQuest client to connect
9 to THJ servers.
0
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IO d. https ://github.com/The-Heroes-Journey-EQEMU/thj-patcher - A
"' ......
u.i "';'
f- ......
s- II custom patcher specifically for THJ using Windows Presentation Foundation (WPF).
(/)0
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z (')
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13 URL " https://patch.heroesjourneye mu.com/rof/" and is designed to make installation
0"' <t: ~
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Ow......J
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15 e. https://github.com/The-Heroes-Journey-EQEMU/thj-launcher -
Vi ,.n
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-0 16 A launcher utility for THJ that provides a streamlined way to start the game. T he
17 repository's README expli citly credits "The Heroes Journey Dev Team - Aporia
18 and Catapultam" and gives "Special thanks to Drake for the support," directly
19 identifying the primaty contributors.
20 f. https://github.com/The-Heroes-Journey-EQEMU/thj-wiki - A
2 1 public repository for the THJ Wiki content, which was last updated on June 7, 2025.
22 g. https ://github.com/The-Heroes-Journey-EQEMU/eqdb - A public
23 reposito1y forked from m ifisher324/eqdb for the EverQuest Database specific to THJ,
24 last updated on Jun e 8, 2025 . This repository contains database structures and content
25 specific to THJ.
26 h. https://github.com/The-Heroes-Journey-EQEMU/ maps - A public
27 repository forked from wayfarershaven/maps containing map data for THJ.
28
- 18-
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1.
• 41

•
https: //github.com/The-Heroes-Journey-EQEMU/downloadeqrof
2 - A public repository forked from xackery/downloadeqrof. "downloadeqrof' is

3 designed to simplify the process of downloading the Steam Rain of Fear 2 EverQuest
4 client.

s 34. Based on analysis of these GitHub repositories and other public sources
6 associated with THJ, the primary contributors to the development ofTHJ include, but

7 are not limited to:

8 a. Mr. Takahashi as the project leader and primary administrator of
9 THJ. The THJ website specifically identifies Aporia as a member of "The Heroes

IO Journey Dev Team" along with Mr. Taylor. Mr. Takahashi 's pseudonym, "Aporia"

11 also is referenced on the THJ Wiki as an administrative contact for users who need
12 exemptions to the IP limit rule.
13 b. Mr. Taylor, under his pseudonym "catapultam-habeo," who has
14 made significant contributions to the core server functionality, including
15 multiclassing mechanics and character progression systems. Mr. Tay !or also has
16 contributed to quest scripts for zones such as Bastion of Thunder and Plane of
17 Torment, and has co-authored updates to the THJ in-game storytelling tool. Evidence

18 of these contributions can be found in commits to the THJ Server repository and the

19 quests_public repository.

20 C. Additional contributors whose identities remain unknown to

2 1 Plaintiff who include individuals th at have made various contributions to THJ

22 repositories including installer improvements and gameplay enhancements. These

23 individuals, identified as DOES 1-20, have facilitated the unauthorized development
24 and promotion of THJ through code contributions, administrative support, and
25 community outreach activities documented in public forums and GitHub commit logs.
26 35. Defendants coordinated their development effotis through Discord
27 servers, GitHub iss ue tracking, and other communication channels to create, test, and
28 deploy THJ.
- 19-
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36.
41

•
THJ officially launched on or about October 25, 2024, as evidenced by
2 announcements on various social media platforms including Reddit and Discord and
3 videos on YouTube.
4 37. The first public announcement of THJ appeared on the EQEmulator
5 Forum, at eqemulator.org/forums/showthread.php?t=44 l 93 on October l 0, 2024,
6 wh ere user "Aeventh" posted, " I am excited to announce The Heroes' Journey, a
7 three-y ear labor of love aimed at creating an incredible solo/duo EQ experience."
8 38. " Aeventh" is a pseudonym for Mr. Takahashi.
9 39. Following the initial announcement, promotional activity for THJ
0
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10 increased s ignificantly. A comprehensive timeline of public promotional activities
"',-.
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vio
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VJ Vi i?<'"'l
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13 classes in I on new EQEm u server, The Heroes' Journey launches Nov. l st " posted at
0"' <-
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14 https://www. resetera.com/threads/play-3-classes-in- l-on-new-eqemu-server-the-
ou..._J
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15 heroes-journey-launches-nov- l st. I 022376/. This post promoted THJ's upcoming
(/1 ~
-O _Jo
"" 16 launch and explicitly described it as an " EQEmu server" that allows players to " Pick
17 any three classes on one character."
18 b. November I, 2024: Fires of Heaven gaming community forum
19 announcement titled "The Heroes Journey (Multiclass EQemu Progression Server)"
20 posted at https://www.firesofheaven.org/threads/the-heroes-journey-multiclass-
2 1 eqemu-progression-server.155 10/. T his announcement promoted THJ's launch day

22 with direct links to heroesjourneyemu.com and THJ 's Discord server, generating
23 significant ongoi ng discussion across multiple forum pages.
24 C. November 25, 2024: YouTube instructional video, uploaded by
25 content creator "Broken Stoic," titled "The Heroes Journey , Comprehensive Beginner
26 Guide," which has received approximate ly 30,803 views to date. This v ideo ex plicitly
27 promoted THJ as an EverQuest emulator whi le demonstrating gameplay featuring
28 recognizable EverQuest characters and environments.
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d. February 8, 2025: Gaming review article titled "The Heroes

2 Journey: Redefining EverQuest with Unmatched Power and Fun" published on Futura

3 Feed gaming website at https://futurafeed.com/the-heroes-journey-redefining-

4 everquest/ . This article explicitly describes THJ as "a bold reimagining of the classic
5 [EverQuest] game" and consistently markets THJ as providing an enhanced
6 "EverQuest experience."

7 e. February l 5, 2025: YouTube installation tutorial titled

8 "EverQuest 'The Heroes Journey' Client Installation Guide" uploaded by Broken

9 Stoic, garnering approximately 13,758 views. This tutorial provides detailed

IO instructions for downloading and modifying the legitimate EverQuest client to
II connect to THJ servers.
12 f. March 8, 2025: Y ouTube Iivestream titled "Q&A w/ Aporia,
13 Varietyvoid and Jeff Butler (3/8/25)" hosted by Broken Stoic, featuring a live
14 question-and-answer session between THJ players and the primary THJ developers.
15 g. Operation of a dedicated Discord server with 22,911 members to
16 date, serving as the central community hub for THJ players and the primary source
17 for game updates.
18 h. Ongoing promotional discussions across EverQuest-related
19 forums, including active threads on EQEmulator Forums such as discussions at
20 https://www.eqemulator.org/forums/showthread.php?t=442 I2 and gamep lay
2 1 questions at https://www.eqemulator.org/forums/showthread.php?t=44287.

22 40. THJ consistently and explicitly refers to EverQuest by name throughout

23 its supporting marketing materials. While the main heroesjourneyemu.com landing
24 page strategically avoids direct mentions of the EVERQUEST mark, THJ's official
25 wiki (wiki.heroesjourneyemu.com) makes numerous explicit references to
26 EverQuest. The wiki, which serves as the primary instructional documentation for
27 users, consistently refers to THJ as being "based on EverQuest" and providing an
28 "EverQuest" experience. This systematic pattern of using Daybreak's EVERQUEST
- 2 1-
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mark to promote THJ demonstrates a deliberate strategy to market THJ as an

2 alternative EverQuest experience while maintaining plausible deniability on its main
3 promotional page.
4 H. The THJ Installation Process and Its Relationship with EQEmu
5 41. THJ requires users to install and run a specific version of the EverQuest
6 client, specifically the EverQuest client included in the Rain of Fear game expansion,
7 which is typically obtained through Daybreak's EverQuest Depot on Steam. THJ's
8 official installation guide on its wiki explicitly directs users to "Search for EverQuest

9 in the top-right search bar" on Steam, instructing them to download Daybreak's

10 copyrighted client files as the foundation for running THJ.

11 42. The THJ installer, developed and distributed by Defendants, guides users
12 through a process that includes:

13 a. Directing users to purchase or download the legitimate EverQuest

14 client from Steam's EverQuest Depot using explicit instructions that identify the
15 product by the EVERQUEST mark;
16 b. Downloading and installing additional files created by
17 Defendants;
18 C. Modifying the legitimate EverQuest client files to connect to
19 Defendants' unauthorized servers rather than Daybreak's official servers; and

20 d. Altering critical game files to bypass authentication mechanisms

21 designed to ensure users connect only to authorized serve rs.
22 43. The modifications made by the THJ installer include, but are not limited
23 to:
24 a. Modifications to the login process to redirect users to THJ servers
25 or other non-Daybreak servers; and
26 b. Modifications to EverQuest character data structures to enable
27 unauthorized character creation and progression.
28
- 22-
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44.
41

•
These modifications constitute unauthorized derivative works of
2 Daybreak's copyrighted software and circumvent technological measures
3 implemented by Daybreak to authenticate access to its copyrighted works.
4 45. THJ is built upon the foundat ion of the EQEmu Server project, an open-
5 source project that attempts to recreate EverQuest server functiona lity .

6 46. Whi le EQEmu itself raises separate intellectual property concerns, THJ
7 goes significantly further in its infringement by:

8 a. Actively promoting itself as an EverQuest rep lacement usmg

9 Daybreak's EVERQUEST mark;
0
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('IC--
!.:.l'':"
,... ,-..
s- II c. Creating a simplified install ation process specifically designed to
0... ( / l g
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Vloi:: z0'"l
:::, r "'°'
V) o '"~
.
v)-:(u.,.<""'-1
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13 d. Enhancing and expanding upon EQEmu's functiona lity to create
Oocs<.~
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14 an unauthorized derivative EverQuest experience.
O'-'----'
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15 I. O ngoi ng O perations and Commercial Impact
V) " '
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16 47. Since its launch, THJ has attracted a substantial community of users,
17 which is not surprising - and even flattering for Plaintiff - g iven the unmatched
18 popularity of EverQuest over the decades.
19 48. Based on server population data, analysis of Discord server membe rship,
20 and sustained community engagement across multiple platforms, Plaintiff estimates
21 that THJ has approximately 20,000 active users.
22 49. Defendants continue to operate, maintain, and promote THJ through
23 regu lar updates, community engagement, and ongoing deve lopment. Recent GitHub
24 commits show continued active development of the project, including:
25 a. https://github.com/The- Heroes-Journey-EQEMU/quests; Last
26 Updated - June 7, 2025;
27 b. https://github.com/The-Heroes-Journey-EQEMU/Server; Last
28 Updated - June 7, 2025;
- 23-
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c. https ://github.com/The-Heroes-Journey-EQEMU/eqemupatcher;
2 Last Updated - June 4, 2025; and
3 d. https://github.com/The-Heroes-Journey-EQEMU/thj-launcher;
4 Last Updated - April 10,2025.
5 50. Defendants have established a sophisticated commercial revenue model
6 thinly disguised as a "donation" system that directly generates income from their
7 unauthorized use of Daybreak's intellectual propetty. This monetization scheme
8 operates through multiple channels:
9 a. Defendants solicit financial contributions through a prominent
IO "Donate" button on the THJ website (heroesjourneyemu.com) ( discussed herein),

I I offering in-game benefits in direct exchange for monetary payments;

12 b. Contributors who make financial payments receive digital items
13 called "Echoes of Memory," which function as a premium currency within THJ;
14 C. These "Echoes of Memoty" can be exchanged for valuable 111-

15 game items, cosmetic enhancements, and character benefits that provide material
16 advantages within the game;

17 51. Defendants have received financial benefits through their monetization system,
18 directly profiting from their unauthorized use of Plaintiffs intellectual property.
19 52. The THJ website at "heroesjourneyemu.com" serves as the central hub
20 for distribution of the unauthorized emulator. The THJ website prominently displays

21 EverQuest imagery and content while promoting the THJ game that directly competes
22 with Daybreak's legitimate service. The THJ website includes detailed installation
23 instructions that specifically direct users to obtain and modify Daybreak's
24 copyrighted EverQuest client software as a prerequisite for using the unauthorized
25 emulator.
26 53. While the main website strategically avoids direct mention ofEverQuest,
27 the THJ wiki specifically identifies THJ as " a multiclass, no box progression server
28 based on EverQuest." The wiki contains numerous explicit references to EverQuest,
- 24-
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Case 3:25-cv-01489-BAS-BLM Document 1 Filed 06/14/25 PageID.25 Page 25 of
41

including statements like: "Welcome to The Heroes' Journey (THJ). Th is guide is for
2 anyone whether you are brand new to Everq uest (EQ), an EQ Veteran or a casual EQ
3 Emu player." T hese explicit associations with Dayb reak's trademarks are des igned to
4 attract EverQuest p layers and promote THJ as a "new spin" on the EverQuest
5 experience, directly competing w ith Daybreak's legitimate service.
6 54. T he THJ website and associated wiki contains numerous explicit
7 references to EverQuest, incl uding but not li mited to:

8 a. Specific mention of "original EverQuest";

9 b. Comparison pages titled "Live-vs-THJ" that explicitly compare
0
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10 THJ to EverQuest;
,..._,,-
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11 c. Installation instructions that specifically direct users to download
l"I {/)g
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Vl,x z r-"l
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13 identified EverQuest fi les; and
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14 d. New player gu ides that explicitly frame THJ as an EverQuest
o~~
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15 experience for "EQ Veterans" and "EQ Emu players."
(/J Vl
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16 55. The THJ emulator's unauthorized use of Daybreak's intellectual
'°
17 prope1ty has resulted in:

18 a. Diversion of potential and current customers from legitimate

19 EverQuest services to unauthorized services;
20 b. Dilution of Daybreak's valuab le EVERQUEST mark through
2 1 unauthorized use;

22 C. Diminished control over its inte llectual prope1ty;

23 d. Damage to Daybreak's reputation and goodwill through
24 association with an unauthorized and potentially unstab le product; and
25 e. e. Financial harm to Daybreak through lost revenue.
26 56. The THJ emulator creates the fa lse impression of legitimacy by
27 incorporating s ubstantial portions of Daybreak's original content while making
28
- 25-
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Case 3:25-cv-01489-BAS-BLM Document 1 Filed 06/14/25 PageID.26 Page 26 of
41

modifications designed to present itself as a u111que entity and alternative to the

2 EverQuest product.
3 57. Defendants have knowingly and intentionally engaged in these
4 infringing activities with full awareness of Daybreak's exclusive rights in and to the
5 EverQuest intellectual property.
6 J. Circumvention of Technical Protection Measures
7 58. The THJ emulator specifically circumvents technological measures that
8 effectively control access to Daybreak' s copyrighted works by:
9 a. Bypassing authentication systems designed to verify legitimate
IO access to EverQuest content;
11 b. Modifying client files to connect to unauthorized servers rather
12 than Daybreak's official servers; and
13 C. Altering the content of game files that normally would prevent
14 connection to unauthorized servers.
15 59. These circumvention activities violate the anti-circumvention provisions
16 of the Digital Millennium Copyright Act, 17 U.S.C. § 1201.
17 60. The modifications within the THJ emulator specifically are designed and
18 marketed for the purpose of providing unauthorized access to Daybreak's copyrighted
19 EverQuest content, constituting a violation of Daybreak's exclusive rights.
20 K. EverQuest EULA
21 61. All legitimate users of EverQuest are bound by the EULA which
22 explicitly prohibits, among other things:
23 a. Reverse engmeermg, decompiling, or disassembling the
24 EverQuest software;
25 b. Creating or using unauthorized se rver emulation software;
26 C. Modifying the game client; and
27 d. Using the EverQuest software in any way not expressly authorized
28 by Daybreak.
- 26-
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62.
• 41

•
Specifically, the relevant provis ions of the EULA state:
2 a. " You may not use any third party software to modify the Software
3 to change Game play" (Ex. A ,-J 9);
4 b. " You may not create, facilitate, host, link to or provide any other
5 means through which the Game may be played by others, such as through server
6 emulators." Id. ,-i 9; and
7 C. " You may not copy (except to make one necessary back-up copy),
8 distribute, sell, auction, rent, lease, loan, modify o r create derivative works, adapt,
9 translate, perform, display, sublicense or transfer all or any po11ion of the Software."
10 Id. ,-J 7.
II 63. By developing, distributing, and promoting THJ, Defendants have not
12 only violated these provisions themselves but actively have induced and encouraged
13 others to breach the EULA .
14 64. The THJ Installer app lication offered on the THJ website automates the
15 circumvention of Daybreak's technical protection measures by modifying the

16 EverQuest client and directing it to connect to unauthorized servers. T he application

17 is an easy-to-use tool that results in use rs breaching the EULA and infringing
18 Plaintiffs intellectual property rights.
19 L. Intellectual Property Registrations
20 65 . Daybreak's EverQuest is protected by numerous federally registered
2 1 copyrights, including but not limited to those identified in Exhib it B.

22 66. Defendants' unauthorized use of Daybreak's intellectual prope11Y

23 includes, but is not limited to:
24 a. Copying and using substantial portions of Daybreak's copyrighted
25 game code;
26 b. C reating unauthorized derivative works based on Daybreak's
27 copyrig hted co ntent; and
28
- 2 7-
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c.
• Utilizing
41

•
Daybreak's copyrighted characters, environments,
2 storylines, and other creative elements.
3 67. The EVERQUEST mark is famous and distinctive.
4 M. Harm to Daybreak
5 68. Defendants ' unauthorized creation, development, and distribution of
6 THJ has caused and continues to cause substantial harm to Daybreak, including but
7 not limited to:
8 a. Dilution of the distinctive quality of the EVERQUEST Mark,
9 which Daybreak has carefully cultivated and protected for over two decades through
10 consistent brand management and quality control;
11 b. Loss of control over the quality and content of services provided
12 under the E VERQUEST mark, as Defendants operate without Daybreak's rigorous
13 quality assurance processes, security protocols, or content moderation systems;
14 C. lnterference with Daybreak's business relationships with
15 authentic EverQuest users throug h the diversion of active players from official servers
16 to THJ's unauthorized server;
17 d. Negative impact on Daybreak's ability to successfully launch and
18 maintain new official progression se rvers due to decreased player participation caused
19 by THJ's competing unauthorized service; and
20 e. Damage to Daybreak's reputation and goodwill through
2 1 assoc iation w ith an unauthorized service that operates outside Daybreak' s established

22 standards for game balance, sec urity , and player conduct; and
23 f. Direct diversion of potential revenue, including lost subscription
24 fees and in-game purchases from use rs who would otherwise be pay ing customers of
25 Daybreak's legitimate EverQuest service.
26 69. Defendants' actions have been willful and deliberate, with full
27 knowledge of Daybreak's rights in and to EverQuest and the EVERQUEST mark.
28
- 28-
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Case 3:25-cv-01489-BAS-BLM Document 1 Filed 06/14/25 PageID.29 Page 29 of

• 41

FIRST CLAIM FOR RELIEF

•
2 Direct Copyright Infringement 17 U.S.C. § 101 et seq.
3 70. Daybreak repeats and realleges each and every allegation contained in
4 paragraphs I through 69 as if fully set forth herein.
5 71. Daybreak is the owner of valid and subsisting copyrights in EverQuest,
6 including those listed in Exhibit B, which protect the original expression in the
7 EverQuest software code, visual elements, characters, environments, storylines, and
8 other creative content.

9 72. Daybreak ' s copyrighted works contain wholly original material that
IO constitutes copyrightable subject matter under the laws of the United States.
II 73. Daybreak has complied with all statutory formalities and requirements
12 to register and maintain its copyrights in EverQuest.
13 74. Without Daybreak' s authorization, Defendants have copied, modifi ed,
14 distributed, displayed, and created derivative works based on Daybreak's copyrighted
15 works by:
16 a. Copying substantial portions of Daybreak's game code and
17 content;
18 b. Creating unauthorized server software that works in conjunction
19 with Defendant's unauthorized modification to Daybreaks client software to

20 reproduce Plaintiffs game mechanics, content, and the EverQuest experience;

21 C. Modify ing Daybreak's client software;
22 d. Displaying Daybreak's copyrighted visual elements;
23 e. Reproducing Plaintiffs distinctive characters, including the
24 Iconic E verQuest Characters, with identical or substantially similar visual designs,
25 abilities, behaviors, and backstories; and

26 f. Replicating specific encounters, dialogues, and narrative elements

27 associated with Daybreak's proprietary characters.
28
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Under the EULA, Paragraph 8, Plaintiff explicitly retains " all rights, title
2 and interest, including, without limitation, ownership of all intellectual property rights

3 relating to or residing in the Disc, the Software and the Game, all copies thereof, and
4 all game character data in connection therewith." The EULA fu1iher specifies that
5 users "have not and will not acquire or obtain any intellectual property or other rights,
6 including any right of exploitation, of any kind in or to the Disc, the Software or the
7 Game."
8 76. Defendants' actions constitute direct copyright infringement of
9 Defendant's exclusive rights under 17 U.S.C. § 106.
10 77. Defendants' infringement of Daybreak's copyrights has been willful,
11 intentional, and purposeful, in disregard of Daybreak's rights.
12 78. As a direct and proximate result of Defendants' infringement, Daybreak
13 has suffered and will continue to suffer monetary damages in an amount to be proven
14 at trial.
15 79. Pursuant to 17 U.S.C. § 504(b), Daybreak is entitled to recover from
16 Defendants the damages it has sustained and will sustain, as well as any gains, profits,
17 and advantages obtained by Defendants as a result of their acts of infringement, or, at
18 Daybreak's election, statutory damages pursuant to pursuant to 17 U.S.C. § 504(c),
19 as well as its attorneys' fees and costs pursuant to 17 U.S.C. § 505.
20 80. As a result of Defendants' infringement, Daybreak has suffered and will
2 1 continue to suffer irreparable harm for which monetary damages are inadequate.

22 Unless restrained by this Court, Defendants will continue to infringe Daybreak's

23 copyrights. Pursuant to 17 U .S.C. §502, Daybreak is entitled to preliminary and

24 permanent injunctive relief prohibiting further infringement.
25 SECOND CLAIM FOR RELIEF
26 Copyright Infringement by Inducement
27 81 . Daybreak repeats and realleges each and every allegation contained in
28 paragraphs l through 69 as if fully set forth herein
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THJ users engage in direct copyright infringement by reproducing, and
2 accessing unauthorized copies of Daybreak's copyrighted EverQuest content.
3 83. Defendants have intentionally induced third-party infringement of
4 Daybreak's exclusive rights under 17 U .S.C. § I 06 developing, distributing, and
5 promoting THJ with the objective and practical effect of encouraging users to access,
6 copy, and play unauthorized versions of EverQuest. This inducement includes:
7 a. Hosting and disseminating modified game files that bypass access
8 controls;

9 b. Providing detailed installation guides and tools instructing users

IO to circumvent Daybreak's account and server authentication protocols; and

11 C. Marketing THJ as a substitute for the official EverQuest

12 experience, thereby inciting users to violate Daybreak's copyright rights.

13 84. Defendants' inducement of copyright infringement is willful and

14 intentional.
15 85. As a direct and proximate result of Defendants' inducement of
16 infringement, Daybreak has suffered and will continue to suffer damages in an amount
17 to be proven at trial.

18 86. Daybreak is suffering ongoing irreparable harm because Defendants'

19 conduct facilitates widespread infringement at scale, depriving Daybreak of control
20 over the use and distribution of its proprietary content and undermining its licensing
2 1 model. This loss of control over digital distribution and the eros ion of loyalty cannot

22 be fully remedied by monetary damages.

23 THIRD CLAIM FOR RELIEF

24 Violation of the Digital Millenium Copyright Act, 17 U.S.C. § 1201
25 87. Daybreak repeats and realleges each and eve1y allegation contained in
26 paragraphs l through 69 as if fully set forth herein
27 88. Daybreak employs technological protection meas ures ("TPMs") under
28 17 U .S.C. § l 20 l (a) that effectively control access to EverQuest. These TPMs include,
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• 41

but are not limited to, authentication protoco ls and access controls that restrict the use
2 of EverQuest client software without communicating to an official EverQuest server.
3 89. The THJ emulator and associated software circumvent these
4 technological measures by:
5 a. Alerting eqhost.txt to reroute server connections;
6 b. Removing splash screens that include copyright notices; and
7 C. Distributing an installer that automates client-side circumvention
8 of the account authorization protocols.
9 90. These actions constitute violations of the anti-circumvention provisions
10 of the Digital Millennium Copyright Act, 17 U.S.C. § 1201.
11 91. Defendants' circumvention act ivities were willful and were undertaken
12 with knowledge that such activities were prohibited by law.
13 92. As a direct and proximate result of Defendants' DMCA violations,
14 Defendant has suffered and will continue to suffer monetary damages in an amount
15 to be proven at trial .
16 93. Plaintiff is entitled to recover e ither actual damages and any additional
17 profits of the violator, or statutory damages, as well as its attorneys' fees and costs
18 pursuant to 17 U.S.C. § 1203.
19 94. Defendants' circumvention of Daybreak's TPMs effectively nullify
20 Daybreak's ability to control access to its EverQuest IP and enforce its EULA. This
2 1 irre parable harm cannot be undone, justify ing injunctive relief.

22 FOURTH CLAIM FOR RELIEF

23 Trademark Dilution, 15 U.S.C. § I 125(c)
24 95. Plaintiff repeats and realleges each and every allegation contained m
25 paragraphs 1 thro ugh 69 as if fu lly set forth herein.
26 96. Plaintiffs EVERQUEST mark (Reg. No. 2507594) is inherently
27 distinctive and widely recognized by the general consuming public of the United
28 States, qualifying as a "famous mark" under 15 U.S.C. § 1I 25(c). The EVERQUEST
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mark has been in continuous use for over twenty years, is registered on the Principal
2 Register, has achieved "incontestable" status under 15 U.S.C. § 1065 and has been
3 the subject of substantial advertising and promotion, and represents one of the most
4 well-known MMORPGs in the United States.
5 97. Defendants' use of the EVERQUEST mark began after the Mark became
6 famous.
7 98. Defendants' unauthorized use of the EVERQUEST mark in connection
8 with THJ is likely to cause dilution by blurring by impairing the distinctiveness of
9 Daybreak's famous EVERQUEST mark.
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17 suffered and will continue to suffer monetary damages in an amount to be proven at
18 trial.

19 I 02. Plaintiff is entitled to injunctive relief, as well as damages, profits, and

20 costs pursuant to 15 U .S.C. § 11 25( c ).
21 FIFTH CLAIM FOR RELIEF
22 Federal Unfair Competition, 15 U.S.C. § l 125(a)
23 I 03. Plaintiff repeats and realleges each and every allegation contained in
24 paragraphs I through 69 as if fully set fo11h herein.
25 I 04. Defendants have engaged in unfair competition in violation of 15 U.S.C.
26 § l l 25(a) through multiple acts, including but not limited to:
27 a. False Designation of Origin: Using the EVERQUEST mark and
28 similar designations in connection with THJ, thereby creating a false designation of
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ong111 and false and misleading representation that is likely to cause confusion,
2 mistake, or deception as to the affiliation, connection, or association of THJ with
3 Daybreak, or as to the origin, sponsorship, or approva l of THJ by Daybreak;
4 b. Reverse Passing Off Removing or obscuring Daybreak's marks
5 from EverQuest content incorporated into T HJ and presenting that content as the own
6 creation of THJ or as unaffiliated with Daybreak, including:
7 L Removing or altering Daybreak's copyright notices and
8 attributions from EverQuest content reproduced in THJ;
9 11, Creating promotional materials for THJ that present
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17 c, False Advertising: Making false and mis leading representations
18 about T HJ and its relationship to Daybreak, including :
19 1, Statements that THJ provides the authentic EverQuest
20 experience;
21 11, Representations that imply authorization or a pproval by
22 Daybreak;
23 111. C laims about the quality, characteristics, or nature of THJ that
24 are likely to deceive cons umers; and
25 1v. Omissions of material fact regarding THJ's unauthorized
26 nature;
27 d. Trade Dress Infringement: Adopting the distinctive look and fe el
28 of EverQuest, including its user interface elements, visual style, and overall
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presentation, thereby creating a likelihood of confusion as to the source or origin of
2 THJ.

3 105. Defendants ' unfair competition has occurred in interstate commerce and
4 has caused and is likely to continue to cause confusion, mistake, or deception among
5 consumers regarding the origin, sponsorship, approval, or affiliation of THJ.
6 I 06. Defendants knew or should have known that their actions constituted
7 unfair competition and would cause confusion, mistake, or deception among
8 consumers. Defendants' unfair competition has been willful and deliberate.

9 107. As a direct and proximate result of Defendants' unfair competition,

10 Daybreak has suffered and will continue to suffer damages, including diverted
11 customers, lost profits, lost goodwill, and damage to its reputation.
12 I 08. Daybreak is entitled to recover Defendants' profits, Daybreak's actual
13 damages, and the costs of this action pursuant to 15 U .S.C. § I I I 7(a). Defendants'

14 violations have been willful and therefore, Daybreak is entitled to enhanced damages
15 under 15 U.S.C. § l l l7(a).
16 109. Daybreak has suffered and will continue to suffer irreparable harm for
17 which monetary damages are inadeq uate. Unless restrained by this Court, Defendants

18 will continue their unfair competition. Pursuant to 15 U.S.C. § 1116, Daybreak is

19 entitled to preliminaiy and permanent injunctive relief.

20 SIXTH CLAIM FOR RELIEF

21 California Trademark Dilution, Cal. Bus. & Prof. Code§ 14330
22 110. Plaintiff repeats and realleges each and every allegation contained 111

23 paragraphs l through 69 as if fully set forth herein.

24 111. Daybreak's EVERQUEST mark is distinctive and famous within the
25 State of California and was di stinctive and famous prior to Defendants' first use of
26 the mark.
27

28
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1 12.
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Defendants' unauthorized use of the EVERQUEST mark in connection
2 with THJ is likely to cause dilution of the distinctive quality of Daybreak's mark in
3 violation of California Business & Professions Code§ 14330.
4 113. Defendants' acts of dilution include, but are not limited to:
5 a. Dilution by blurring, by diminishing the EVERQUEST mark's
6 uniqueness and distinctiveness in California; and
7 b. Dilution by tarnishment, by associating the EVERQUEST mark
8 with services of inferior quality lacking Daybreak's professional standards and
9 quality controls.
10 I 14. As a direct and proximate result of Defendants' dilution, Daybreak has
11 suffered and continues to suffer irreparable injury to its business, reputation, and
12 goodwill in California, for which Daybreak has no adequate remedy at law.
13 115. Defendants' dilution has been willful and deliberate, entitling Daybreak
14 to enhanced remedies.
15 116. Daybreak 1s entitl ed to injunctive relief, compensatory damages,
16 disgorgement of Defendants ' profits, and punitive damages.

17 SEVENTH CLAIM FOR RELIEF

18 Breach of Contract, California Common Law
19 117. Plaintiff repeats and realleges each and every allegation contained m
20 paragraphs I through 69 as if fully set forth herein.
21 118. The EULA constitutes a valid and binding contract between Plaintiff and
22 all users of EverQuest software. All users of the legitimate EverQuest client software,
23 including the Rain of Fear client upon which THJ is based, must affirmatively click
24 through and accept the EULA before accessing the EVERQUEST game. This
25 mandatory clickthrough agreement creates a binding contractual re lationship between
26 Daybreak and each use r.
27 119. Defendants, individually or collectively, have accessed and used the
28 EverQuest software and, in doing so, agreed to be bound by the terms of the EULA.
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•
The developers ofTHJ, including but not limited to those known publicly only by the
2 aliases " Aporia" and "Catapultam-Habeo," have demonstrated intimate fami liarity
3 with the EverQuest client software that could only be obtained throug h direct use of
4 the software, necessarily including acceptance of the EULA.
5 120. The EULA explicitly prohibits users from , among other things:
6 a. Creating " any means through which the Game may be played by
7 others, such as through server emulators" (EULA ~ 9);
8 b. Using "any third party software to modify the Software to change
9 Game play" (id.); and
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17 c. Creating derivative works based on EverQuest software.
18 122 . As a direct and proximate result of Defendants' breach of contract,
19 Daybreak has suffered and will continue to suffer monetary damages in an amount to
20 be proven at trial.
21 123 . Daybreak has suffered and w ill continue to suffer irreparable harm for
22 which monetary damages are inadequate. Unless restrained by this Court, Defendant
23 will continue to breach the EULA and D aybreak is entitled to injunctive relief.
24 EIGHTH CLAIM FOR RELIEF
25 Unfair Competition, California Cal. Bus. & Prof. Code§ 17200
26 124. Daybreak repeats and reall eges each and every allegation contained in
27 paragraphs I through 69 as if fu lly set forth herein.
28
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•
125. Defendants have misrepresented their goods or services as those of
2 Daybreak.
3 126. Specifically, Defendants have engaged in passing off by:
4 a. Using Daybreak's EVERQU EST marks and content in connection
5 with THJ;
6 b. Creating the false impression that THJ 1s affiliated with,
7 authorized by, or connected to Daybreak;
8 C. Adopting trade dress and visual elements associated with
9 EverQuest; and
10 d. Otherwise misrepresenting the source of THJ to consumers in

11 California.
12 127. Defendants' passing off has caused and is likely to cause confusion
13 among consumers in California as to the source, sponsorship, affiliation, or approval
14 ofTHJ.
15 128. As a direct and proximate result of Defendants' passing off, Daybreak
16 has suffered and continues to suffer damages, including diverted customers and harm

17 to its reputation and goodwill in California.

18 129. Defendants' passing off has been willful and malicious, entitl ing
19 Daybreak to punitive damages.
20 130. Daybreak is entitled to injunctive relief, compensatory damages ,
2 1 disgorgeme nt of Defendants ' profits, and punitive damages.

22 NINTH CLAIM FOR RELIEF

23 Unjust Enrichment Under California Common Law
24 13 1. Daybreak repeats and realleges each and eve1y al legation contained in
25 paragraphs l through 69 as if fully set fo11h herein.
26 132 . Through the development, operation, and promotion ofTHJ, Defendants
27 have wrongfully obtained benefits at Daybreak's expense.
28 I 33 . Specifically, Defendants have:
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a.
41

•
Profited from the use of Daybreak's intellectual property without
2 authorization;

3 b. Received donations, subscriptions, or other financial contributions

4 from users for THJ;

5 C. Enhanced their reputation and gained recognition in the gaming

6 community by exploiting Daybreak's creative work; and
7 d. Obtained substantial value from Daybreak's investment 111

8 developing and maintaining EverQuest without bearing the costs of that development.
9 134. It would be unjust and inequitable to permit Defendants to retain these
IO benefits without compensation to Daybreak.
II 135. Daybreak is entitled to restitution from Defendants in an amount to be
12 proven at trial, representing the value of the benefits conferred upon Defendants.
13 PRAYER FOR RELIEF
14 WHEREFORE, Plaintiff prays for relief and judg ment against Defendants as
15 follows:
16 a. For preliminary and permanent injunctive re lief enjoining Defendants
17 and all persons acting in active concert or participation with them from:

18 I. Developing, operating, hosting, maintaining, updating,

19 modifying, distributing, advertising, marketing, promoting, or otherwise
20 making available any software, serve r, service, emulator, installer, launcher, or
21 tool that re produces, derives from, or fac ilitates access to Plaintiffs
22 copyrighted EverQuest content, including but not limited to The Heroes'
23 Journey;
24 2. Providing support, updates, bug fixes, community engagement,
25 technical assistance, or instructio ns related to the installation, use, or
26 configuration of any s uch infringing material;
27
28
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3. Operating, maintaining, or directing others to any Discord server,

2 forum, website, or social media account used to promote or support the
3 infringing emulator or related tools
4 4. C ircumventing technological measures that effectively control
5 access to Daybreak's copyrighted works;
6 5. Using the EVERQUEST Mark or any confusingly similar
7 variations thereof; and
8 6. Interfering with Plaintiffs business relationships with its
9 customers;
10 b. For an order requiring Defendants to deliver to Plaintiff for destruction
II all copies of materials that infringe Plaintiffs copyrights or trademarks, including all
12 source code, exec utable files, documentation, promotional materials, and any and all

13 other items related to the THJ emulator;

14 C. For an order requiring Defendants to disable any and all websites, serv·e rs,
15 or other online services that host, distribute, or promote the THJ emulator;

16 d. For an award of actual damages suffered by Daybreak as a res ult of

17 Defendants' infringement, or, at Plaintiffs election, statutory damages pursuant to l 7
18 U.S. C. § 504(c) for copyright infringement;
19 e. For an award of Defendants' profits attributab le to their infringement of
20 Plaintiffs copyrights pursuant to 17 U .S.C. § 504(b );
21 f. For an award of statutory damages purs uant to 17 U.S.C . § 1203 for
22 violations of the Dig ital Millennium Copyright Act;
23 g. For an award of damages for breach of contract in an amount to be
24 determined at trial;
25 h. For an award of Plaintiffs costs and reasonable attorneys' fees pursuant
26 to 17 U.S.C. §§ 505 and 1203, 15 U.S.C. § 111 7, and other applicable law;
27 I. For an order requiring Defendants to file with the Court and serve upon
28 Daybreak's counsel within thirty (30) days after entry of final judg ment a report in
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41

writing under oath setting forth in detail the manner and form in which Defendants
2 have complied with the Cou1t's orders; and

3 J. For any such other and further relief as the Court deems jus t and proper.
4 DEMAND FOR JURY TRIAL
5 Plaintiff hereby demands a jury trial for all claims so triab le, as provided by
6 Ru le 38 of the Federal Rules of C iv il Procedure.

7
Dated: June 10, 2025 Respectfully s ubmi tted,
8
DENTONS US LLP
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