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Intellectual Property
Copyright Infringement
Unfair Competition

Proxima Beta PTE Limited, Krafton Inc. v. Andrew Martin a/k/a/ Asyhole; Andre Swirszczuk a/k/a Girabaldi; Kuldip Patel; Jesse Zhang, and Does 1 through 6, inclusive

Published: Sep. 29, 2023 | Result Date: May 24, 2023 | Filing Date: Mar. 5, 2021 |

Case number: 2:21-cv-02056-SPG-JEM Bench Decision –  Permanent Injunction

Judge

Sherilyn P. Garnett

Court

CD CA


Attorneys

Plaintiff

Marc E. Mayer
(Mitchell Silberberg & Knupp LLP)

Karin G. Pagnanelli
(Mitchell, Silberberg & Knupp LLP)

Theresa B. Bowman
(Mitchell, Silberberg & Knupp LLP)


Defendant

Steven D. Park
(Park, Lawless & Tremonti LLP)

John R. Lawless
(Park, Lawless & Tremonti LLP)

Vincent F. Tremonti
(Park, Lawless & Tremonti LLP)


Facts

Proxima Beta and Krafton Inc. own, publish, and operate "Player Unknown's Battlegrounds Mobile," a mobile, multiplayer game. They filed suit against Andrew Martin and others.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants created and sold software that allowed for cheats and hacks of its game, allowing players to gain certain advantages against other players who were not using the software. As such, defendants' software caused plaintiffs to lose revenue because the game's commercial success hinged, in part, on players' fair, enjoyable experiences. Moreover, plaintiffs' goodwill and reputation were damaged due to defendants' software.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions and liability.

Result

The parties agreed to a stipulation and defendants were permanently enjoined from certain actions that would disseminate or promote the software; no finding of liability nor did defendants admit to liability.


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