This case was last updated from U.S. District Courts on 07/20/2022 at 08:37:51 (UTC).

Bungie Inc v. Leone

Case Summary

On July 15, 2022, Bungie, Inc. (“Bungie” or “Plaintiff”), represented by Brian W. Esler of Miller Nash LLP, filed an intellectual property lawsuit against Luca Leone (“Leone” or “Defendant”), seeking declaratory judgment, injunctive relief and damages for alleged copyright infringement by the defendant. This case was filed before the U.S. District Court for the Western District of Washington with Judge Richard A. Jones presiding.

In the complaint, Plaintiff stated, “Bungie is the independent developer, owner, intellectual property rights holder, and distributor of the video game Destiny 2, and the Destiny Franchise. Destiny 2 is a shared-world online first-person shooter available across multiple platforms and played by tens of millions world-wide.”

The plaintiff alleged, “Defendant Leone, who tweets from the handle @inkcel, is a Destiny 2 user who routinely streams himself using cheats – third-party software used to gain an unfair advantage by players without the skill or integrity to succeed at the game on their own merit and a level playing field, and which ruins the experience of playing Destiny 2 for Bungie’s large community of honest gamers – and who Bungie has repeatedly banned from the game as a result.”

Plaintiff further alleged, “Leone’s use of cheat software also – as alleged in detail below – violates a raft of Federal and state statutes and the express terms of the Limited Software License Agreement (‘LSLA’) by which Bungie makes Destiny 2 available to players. And when he repeatedly created new Bungie accounts to play the game after being banned, claiming with each new account creation that he agreed to terms of the LSLA but never intending to abide by those terms, Leone committed serial fraud.”

The plaintiff further stated, “In fact, one of the terms of the LSLA expressly entitles Bungie to ban Leone from playing the game for his cheating. Yet Leone has now made thirteen separate accounts in his attempts to evade the ban, and each new account was therefore a separate breach of the LSLA.”

The plaintiff also alleged that “during the course of its investigation of Leone, Bungie uncovered criminal conduct: Leone is an active member of the ‘OGUsers’ account hacking and selling forum, where he sells (presumably stolen) social media accounts – and also ‘sells’ Destiny 2 emblems (non-transferable digital art badges obtained by in-game achievements or real-world conduct, which are prized by many players, especially collectors), which is yet another violation of the LSLA.”

The plaintiff additionally alleged, “Because Destiny 2 emblems are non-transferable, (emblems are linked to a Bungie.net account at the time they are awarded,) emblems transferred to an account through any type of account-sharing or account-linking method are transient and subject to removal at any time; therefore each ‘sale’ by Leone also circumvents the technical measures that Bungie employs to award emblems only to their intended recipient and defrauds the user who receives the emblem from Leone.”

Plaintiff presented five claims for relief including claims for Defendant’s alleged breach of contract, fraud in the inducement, copyright infringement, circumvention of technological measures, violation of Washington Consumer Protection Act. 

In the prayer for relief, the plaintiff requested a judgment seeking declaratory judgment in favor of the plaintiff, injunctive relief, restitution. Plaintiff also sought an award of  compensatory, statutory and punitive damages together with costs of litigation. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:22-CV-00981

  • Filing Date:

    07/15/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Copyright

Judge Details

Presiding Judge

Richard A. Jones

 

Party Details

Plaintiff

Bungie, Inc.

Defendant

Luca Leone

Attorney/Law Firm Details

Plaintiff Attorney

Brian William Esler

Attorney at MILLER NASH LLP (SEA)

2801 Alaskan Way, Ste 300 Pier 70

Seattle, WA 98121-1128

 

Court Documents

#1

(#1) COMPLAINT FOR (1) BREACH OF CONTRACT, (2) COPYRIGHT INFRINGEMENT, (3) FRAUD, (4) DMCA ANTI-CIRCUMVENTION, AND (5) VIOLATION OF THE WASHINGTON CONSUMER PROTECTION ACT against defendant(s) Luca Leone with JURY DEMAND (Receipt # AWAWDC-7630708) Attorney Brian William Esler added to party Bungie, Inc.(pty:pla), filed by Bungie, Inc.. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet, #3 Report on Copyrights (AO Form 121), #4 Summons)(Esler, Brian) (Entered: 07/15/2022)

1 #1

Exhibit 1

1 #2

Civil Cover Sheet

1 #3

Report on Copyrights (AO Form 121)

1 #4

Summons

#2

(#2) APPLICATION OF ATTORNEY Akiva M. Cohen FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Bungie, Inc. (Fee Paid) Receipt No. AWAWDC-7631023 (Esler, Brian) (Entered: 07/15/2022)

#3

(#3) APPLICATION OF ATTORNEY Dylan M. Schmeyer FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Bungie, Inc. (Fee Paid) Receipt No. AWAWDC-7631035 (Esler, Brian) (Entered: 07/15/2022)

#4

(#4) Summons(es) Electronically Issued as to defendant(s) Luca Leone (MJV) (Entered: 07/18/2022)

#5

(#5) REPORT on the filing or determination of an action. Mailed to the US Copyright Office (MJV) (Entered: 07/18/2022)

 

Docket Entries

  • 07/19/2022
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  • Docket(#7) ORDER re #3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Dylan M Schmeyer for Plaintiff Bungie Inc by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC) (Entered: 07/19/2022)

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  • 07/19/2022
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  • Docket(#6) ORDER re #2 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Akiva M Cohen for Plaintiff Bungie Inc by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC) (Entered: 07/19/2022)

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  • 07/18/2022
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  • Docket(#5) REPORT on the filing or determination of an action. Mailed to the US Copyright Office (MJV) (Entered: 07/18/2022)

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  • 07/18/2022
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  • Docket(#4) Summons(es) Electronically Issued as to defendant(s) Luca Leone (MJV) (Entered: 07/18/2022)

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  • 07/18/2022
  • DocketJudge Richard A. Jones added. (MJV) (Entered: 07/18/2022)

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  • 07/15/2022
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  • Docket(#3) APPLICATION OF ATTORNEY Dylan M. Schmeyer FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Bungie, Inc. (Fee Paid) Receipt No. AWAWDC-7631035 (Esler, Brian) (Entered: 07/15/2022)

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  • 07/15/2022
  • View Court Documents
  • Docket(#2) APPLICATION OF ATTORNEY Akiva M. Cohen FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Bungie, Inc. (Fee Paid) Receipt No. AWAWDC-7631023 (Esler, Brian) (Entered: 07/15/2022)

    Read MoreRead Less
  • 07/15/2022
  • View Court Documents
  • Docket(#1) COMPLAINT FOR (1) BREACH OF CONTRACT, (2) COPYRIGHT INFRINGEMENT, (3) FRAUD, (4) DMCA ANTI-CIRCUMVENTION, AND (5) VIOLATION OF THE WASHINGTON CONSUMER PROTECTION ACT against defendant(s) Luca Leone with JURY DEMAND (Receipt # AWAWDC-7630708) Attorney Brian William Esler added to party Bungie, Inc.(pty:pla), filed by Bungie, Inc.. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet, #3 Report on Copyrights (AO Form 121), #4 Summons)(Esler, Brian) (Entered: 07/15/2022)

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