Unseatedduke1
Redmont School of Law
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Unseatedduke1
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IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
CIVIL ACTION
CIVIL ACTION
Virtus Group (Represented by Dragon Law)
Plaintiff
v.
VirtuBank (Luca_1011)
Defendant
COMPLAINT
The Plaintiff complains against the Defendant as follows:
On February 27, 2024, the Plaintiff discovered the existence of a company named "VirtuBank," which is owned by Luca_1011. The name of this company bears a striking resemblance to the Plaintiff's own group named "Virtus Group." This similarity raised concerns regarding potential legal implications and fraudulent activities in the Plaintiff's mind. The Plaintiff instructed their law firm to issue a "cease and desist" letter; however, this communication failed to reach the Defendant as they had left from the official Discord server and remained inactive for over thirty days on the server itself. The Defendant's company “VirtuBank” constitutes a clear violation of the Intellectual Property Act, particularly in terms of breaching trademark regulations. This violation encompasses the production, replication, or impersonation of recognizable signs, designs, or expressions that are associated with a company, product, or service. By adopting the expression "Virtu," the Defendant is effectively attempting to impersonate the Plaintiff's established brand, "Virtus." Such misleading practices could lead clients to inadvertently direct funds intended for the Virtus Group to the Defendant's entity, thereby causing financial harm. Any negative associations with the Defendant's company may adversely affect the stock exchange prices of the Virtus Group. The company "Virtu" is also found to be in violation of the Taxation Act, which mandates that financial institutions must register as tax-exempt entities and fulfill reporting requirements. The Defendant's company has failed to comply with these statutory obligations.
I. PARTIES
- Virtus Group (V__D)
- VirtuBank (Luca_1011)
II. FACTS
1. The Defendant, owner of the established company "VirtuBank," is engaging in activities that constitute an attempt to impersonate the "Virtus Group," violating the Intellectual Property Act.
2. On March 15, 2024, a cease and desist letter was prepared and intended to be sent to the Defendant. However, the delivery of this letter was unsuccessful due to the Defendant's absence from the Discord platform, where communication attempts were made. The Defendant has also been inactive on the server for a period exceeding thirty days.
3. The Defendant's company is found to be in violation of the Taxation Act for its failure to register as a financial institution with the Department of Commerce (DOC) and fulfill the associated reporting requirements mandated by law.
III. CLAIMS FOR RELIEF
1. The fraudulent activities conducted by "VirtuBank" pose a significant risk to the financial well-being of the Plaintiff's company. If individuals inadvertently direct funds to the Defendant's company instead of the Plaintiff's, it will result in financial losses and potential disruptions to the Plaintiff's business operations.
2. "VirtuBank's" failure to register as a financial institution with the appropriate regulatory authorities may negatively impact public perception and tarnish the reputation of the Plaintiff's company. This could potentially lead to a decrease in stock prices, thereby causing further financial harm to the Plaintiff.
3. The marketing efforts undertaken by the Plaintiff are being diluted by the presence of the Defendant's company, "VirtuBank," in the market. This diversion of resources and attention away from the Plaintiff's company results in financial losses attributed to marketing expenses and diminished brand visibility.
IV. PRAYER FOR RELIEF
The Plaintiff seeks the following from the Defendant:
1. The Plaintiff respectfully requests the court to mandate the Department of Commerce (DOC) to enforce the provisions outlined in the Taxation Act by promptly removing the Defendant's business, "VirtuBank," from the server.
2. In the event that the Defendant's business is not removed from the server, the Plaintiff urges the court to compel the DOC to rename the business to mitigate potential confusion and safeguard the Plaintiff's intellectual property rights.
3. The Plaintiff seeks $9,000 in Compensatory Damages to offset the financial losses incurred due to the diversion of marketing resources caused by the Defendant's unauthorized presence in the market. These damages are essential to restore the Plaintiff's competitive position and compensate for the financial harm suffered.
4. The Plaintiff requests $7,300 in Fraud fines to hold the Defendant accountable for their attempted fraudulent activities against the Plaintiff. These fines are to be paid to the plaintiff. Such actions undermine trust in the marketplace and warrant punitive measures to deter future misconduct and protect the interests of all parties involved.
5. The Plaintiff seeks reimbursement of legal fees in the amount of 20% of the total amount rewarded to cover the expenses incurred by their law firm in pursuing this case.
Evidence:
By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.
DATED: This 21st day of March 2024