Case 5:22-cv-01708-SVK Document 1 Filed 03/16/22 Page 1 of 20

1 Jennifer A. Golinveaux (SBN 203056)

2 jgolinveaux@winston.com
Irina V. Lyapis (SBN 298723)
3 ilyapis@winston.com
Samantha Looker (SBN 340564)
4
slooker@winston.com
5 WINSTON & STRAWN LLP
101 California Street, 35th Floor
6
San Francisco, CA 94111-5840
7 Telephone: (415) 591-1000
Facsimile: (415) 591-1400
8
9 Attorneys for Plaintiff
CALM RADIO CORP.
10
UNITED STATES DISTRICT COURT
11
NORTHERN DISTRICT OF CALIFORNIA
12
13
CALM RADIO CORP., a corporation Case No. 3:22-cv-01708
14 incorporated under the laws of the
Province of Ontario,
15 COMPLAINT FOR TRADEMARK
Plaintiff, INFRINGEMENT, FALSE
16 DESIGNATION OF ORIGIN,
v. TRADE DRESS INFRINGEMENT,
17 UNFAIR COMPETITION, AND
CALM.COM, INC., a Delaware FALSE ADVERTISING
18 corporation,
DEMAND FOR JURY TRIAL
19 Defendant.
20
21 Plaintiff Calm Radio Corp. (“Plaintiff” or “Calm Radio”), by and for its complaint
22 against Defendant Calm.com, Inc. (“Defendant” or “Calm.com”), alleges as follows:
23
24
25
26
27
28

COMPLAINT
 Case 5:22-cv-01708-SVK Document 1 Filed 03/16/22 Page 2 of 20

1 INTRODUCTION
2 1. This dispute arises out of Defendant Calm.com’s unauthorized and
3 unlawful adoption and use of the CALM mark, which is confusingly similar to the
4 CALM RADIO and CALM word marks owned by Plaintiff Calm Radio, a provider of
5 online music streaming services focused on relaxation and stress reduction. To make
6 matters worse, Calm.com is also using trade dress for its app icon that closely mimics
7 and infringes the trade dress used for Calm Radio’s app icon.
8 2. When Defendant Calm.com first launched, years after Calm Radio began
9 using the CALM and CALM RADIO marks in commerce, Calm.com was focused on
10 providing information related to meditation and relaxation. More recently, Calm.com
11 has begun providing online music streaming services focused on relaxation and stress
12 reduction; services directly competitive with Plaintiff’s services.
13 3. Not surprisingly, Calm.com’s use of the CALM mark to offer the very
14 same services offered by Plaintiff is creating significant confusion in the marketplace,
15 made worse by Defendant’s similar infringing app icon and the fact that both parties
16 provide their services via online apps distributed on the very same platforms.
17 4. Calm Radio brings this action to stop the ongoing customer confusion
18 and to protect its valuable intellectual property.
19 THE PARTIES
20 5. Plaintiff Calm Radio Corp. is a corporation incorporated under the laws
21 of the Province of Ontario, Canada, with its principal place of business in Toronto,
22 Canada. Calm Radio provides online music streaming services focused on relaxation
23 and stress reduction.
24 6. Defendant Calm.com, Inc., is a Delaware corporation with its principal
25 place of business in San Francisco, California. Defendant provides information and
26 services focused on meditation, relaxation and stress reduction, including online music
27 streaming services.
28

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COMPLAINT
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1 JURISDICTION AND VENUE

2 7. This Court has subject matter jurisdiction over the entire action pursuant
3 to 28 U.S.C. §§ 1331 and 1338 because it arises under the federal Lanham Act relating
4 to trademarks (15 U.S.C. § 1125(a)), and this Court has jurisdiction over the state law
5 unfair competition claims herein pursuant to 28 U.S.C. § 1338(b) because such claims
6 are joined with a substantial and related claim under the federal Lanham Act. Further,
7 this Court may exercise supplemental jurisdiction over Calm Radio’s claims that arise
8 under the laws of the State of California and California common law pursuant to 28
9 U.S.C. § 1367 because they are so related to the claims arising under the federal
10 Lanham Act that they form part of the same case or controversy.
11 8. The Court has personal jurisdiction over Defendant because Defendant
12 resides in this District with its principal place of business located at 77 Geary St., 3rd
13 Floor, San Francisco, California. Defendant also conducts substantial business,
14 including developing, testing, and marketing its goods and services in the State of
15 California and in this District.
16 9. Venue is proper in this District under 28 U.S.C. § 1391(b) because a
17 substantial portion of the events giving rise to the claims for relief stated in this
18 Complaint occurred in this District, and because Defendant is subject to personal
19 jurisdiction in this District or may be found in this District.
20 INTRADISTRICT ASSIGNMENT
21 10. This action is not subject to divisional assignment because the case
22 arises under intellectual property laws.
23 FACTUAL BACKGROUND
24 A. Calm Radio’s Business
25 11. Calm Radio was founded in 2009 by music streaming pioneer Eric
26 Harry, an award-winning composer. Calm Radio emerged early on as a solution to the
27 lack of online streaming relaxation music options.
28

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COMPLAINT
 Case 5:22-cv-01708-SVK Document 1 Filed 03/16/22 Page 4 of 20

1 12. Since at least as early as 2009, Calm Radio has provided online
2 streaming music services in Canada and the United States, as well as other countries,
3 via its website at www.calmradio.com.
4 13. Since at least as early as 2010, Calm Radio has also offered its curated
5 selection of classical and relaxation-focused music via its mobile app, Calm, on the
6 Apple App Store, and on Google Play since at least as early as 2011.
7 14. Since at least as early as 2011, Calm Radio has consistently expanded its
8 range of musical offerings through different channels dedicated to spa, healing, sleep,
9 positivity, and nature and atmosphere sounds.
10 15. Since at least as early as 2011, Calm Radio has featured meditation
11 music tracks through its Om channel on Calm Radio.
12 16. Since its inception, Calm Radio has evolved into one of the largest
13 providers of relaxing music on the internet, offering one of the world’s largest
14 collections of curated classical music and relaxation-focused music with an emphasis
15 on providing users with life-enhancing music for a healthier lifestyle.
16 17. Calm Radio currently delivers 500 channels of relaxation, acoustic,
17 classical, jazz, ambient, and contemporary music and over 1,000 premium channels of
18 calming sounds, sleep music, sleep sounds, and sleep stories.
19 18. Calm Radio has over one million unique monthly users and over 30,000
20 streaming subscribers.
21 B. Calm Radio’s Valuable Trademarks
22 19. For well over a decade, since at least as early as 2009, Plaintiff has used
23 its CALM RADIO and CALM marks in connection with its music streaming services,
24 both in Canada and the United States.
25 20. In addition to its strong common-law rights, Plaintiff owns U.S. federal
26 trademark registration No. 5080280 for the word mark CALM RADIO in Class 9 for
27 “Computer software for playing audio streaming transmissions of music that may be
28 downloaded from a global computer network” with May 1, 2010, as its date of first

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COMPLAINT
 Case 5:22-cv-01708-SVK Document 1 Filed 03/16/22 Page 5 of 20

1 use, and in Class 38 for “Streaming of audio material on the Internet” with January 1,
2 2009 as its date of first use. U.S. Registration No. 5080280 has achieved
3 incontestability.
4 21. Also, for more than a decade, since at least as early as 2010, Calm
5 Radio has used distinctive, non-functional trade dress featuring the color blue as a
6 background and its CALM mark in white lettering for the icon button for its CALM
7 mobile music app and on its calmradio.com website. Since at least as early as 2014,
8 Calm Radio has used distinctive, non-functional trade dress featuring the color blue as
9 a background and its CALM mark in white lettering for the icon button for its CALM
10 mobile app. Variations of Plaintiff’s app icon in use since 2010 are depicted here:
11
12
13
14
15
22. Calm Radio has spent considerable time and expense on the creation,
16
development, promotion, and enforcement of its CALM RADIO and CALM word
17
marks and the CALM mobile app and website trade dress depicted in paragraph 21
18
(collectively, “Plaintiff’s CALM Marks”). Through Calm Radio’s years of widespread
19
promotion and use, Plaintiff’s CALM Marks have become strong, distinctive, and
20
well-known for online music streaming services in the U.S. and abroad.
21
C. Defendant’s Business and Infringing Use of Plaintiff’s Calm Marks.
22
23. On information and belief, Defendant is a technology start-up company
23
founded in 2012 and based in San Francisco that provides meditation services via a
24
mobile application and website.
25
24. On information and belief, in 2015, six years after Plaintiff began using
26
its Calm Marks in commerce, Defendant began using the CALM mark in connection
27
with meditation information and services. Subsequently, on information and belief,
28

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COMPLAINT
 Case 5:22-cv-01708-SVK Document 1 Filed 03/16/22 Page 6 of 20

1 Defendant began also offering online music streaming services focused on meditation
2 and relaxation under the CALM mark.
3 25. Defendant is the owner of record of several U.S. trademark registrations
4 that incorporate CALM (collectively, “Defendant’s CALM Marks”). These include:
5 a. U.S. Trademark Reg. No. 6000366 for its word mark CALM in
6 Class 9 for “Downloadable mobile applications for relaxation, meditation, promoting
7 sleep, promoting wellbeing, promoting focus in the field of mindfulness;
8 Downloadable mobile applications for monitoring and recording self-reflections;
9 downloadable audio files in the nature of short stories and mindfulness guidance;
10 downloadable videos in the field of mindfulness; downloadable virtual reality
11 software featuring meditation techniques, meditation scenes and audio content in the
12 nature of mindfulness guidance and background sounds” with a claimed date of first
13 use of February 22, 2013, in Class 41 for “Providing a website featuring information
14 in the field of mindfulness training; entertainment in the nature of prerecorded
15 inspirational, sleep-promoting, focus-promoting, relaxation-promoting and
16 mindfulness messages on-line and in mobile wireless form; entertainment services,
17 namely, providing images and text in the field of inspirational, sleep-promoting,
18 focus-promoting, relaxation-promoting and mindfulness on-line and in mobile
19 wireless form; entertainment services, namely, providing online non-downloadable
20 auditory works in the field of mindfulness; providing voice overs for recorded media
21 for entertainment and education purposes; providing temporary use of non-
22 downloadable mobile application software for accessing video classes in the field of
23 mindfulness; providing online non-downloadable video classes in the field of
24 mindfulness” with a date of first use of October 16, 2011, in Class 42 for “Providing
25 temporary use of non-downloadable mobile application software for accessing video
26 classes in the field of mindfulness” with a date of first use of October 16, 2011, and in
27 Class 44 for “Providing a website featuring wellness information about mindfulness,
28 sleep, focus and relaxation” with a date of first use of October 16, 2011.

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COMPLAINT
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1 b. U.S. Trademark Reg. No. 5751634 for a stylized version of its

2 word mark CALM in Class 9 for “Downloadable software and mobile applications
3 featuring information, advice, training programmes, activity programmes, audio
4 books, texts, articles, messages, inspirational quotations, images, photographs, moving
5 images, graphic works, musical recordings, sound recordings, videos, audio-visual
6 recordings, games, multimedia files in the field of meditation and mindfulness;
7 downloadable software and mobile applications for use in meditation and meditation
8 training” with a date of first use of February 16, 2015, in Class 41 for “Providing a
9 website featuring information, advice, non-downloadable articles, texts, messages,
10 images, quotations, and information in the field of meditation and mindfulness
11 training” with a date of first use of February 16, 2015, and in Class 44 for “providing
12 a website featuring information, advice, in the field of health and wellness, featuring
13 meditation and mindfulness” with a date of first use of February 16, 2015.
14 c. U.S. Trademark Reg. No. 5666935 for a stylized design mark
15 CALM ( ) in Class 9 for “Downloadable software and mobile applications
16 featuring information, advice, training programmes, activity programmes, audio
17 books, texts, articles, messages, inspirational quotations, images, photographs, moving
18 images, graphic works, musical recordings, sound recordings, videos, audio-visual
19 recordings, games, multimedia files in the field of meditation and mindfulness;
20 downloadable software and mobile applications for use in meditation and meditation
21 training” with a date of first use of February 16, 2015, in Class 41 for “Providing a
22 website featuring information, advice, non-downloadable articles, texts, messages,
23 images, quotations, and information in the field of meditation and mindfulness
24 training” with a date of first use of February 16, 2015, and in Class 44 for “providing
25 a website featuring information, advice, in the field of health and wellness, featuring
26 meditation and mindfulness” with a date of first use of February 16, 2015.
27 d. U.S. Trademark Reg. No. 6337486 for a stylized design mark
28 CALM ( ) in Class 9 for “Tuition, publications, electronic books, electronic

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COMPLAINT
 Case 5:22-cv-01708-SVK Document 1 Filed 03/16/22 Page 8 of 20

1 newsletters, electronic magazines, posters; downloadable electronic publications,

2 namely, books, audio books, newsletters, magazines, posters, texts, articles, messages,
3 inspirational quotations, exercise books, activity books, educational books in the field
4 of meditation and mindfulness; downloadable ringtones; downloadable images,
5 photographs, posters, computer wallpapers, music, sound recordings, moving images,
6 graphic works, video recordings, audio-visual recordings, games and multimedia files
7 in the field of meditation and mindfulness; pre-recorded CDs, DVDs, laser disks,
8 optically readable discs and high definition digital disks featuring information, advice,
9 musical recordings, sound recordings, videos recordings, audio-visual recordings,
10 books, audio books, text, articles, messages, quotations, images, moving images,
11 photographs, graphic works, games, activities, interactive activities, training
12 programmes, in the field of meditation and mindfulness; mouse mats; audio speakers;
13 earphones; straps for mobile phones; cases for mobile phones, smart phones, computer
14 tablets, personal digital assistants, handheld computers, laptops, notebook computers;
15 sunglasses; cases for spectacles and sunglasses,” in Class 16 for “Books, newsletters,
16 magazines, posters, texts, articles, booklets, exercise books, activity books,
17 educational books, in the field of meditation and mindfulness; stationery; organizers
18 for stationery use; binders; folders for stationery use; adhesives and decals for
19 stationery use; stickers and transfers; photo albums; memory books; address books;
20 agendas; notepads; note books; art paper; art pads; maps; art prints; posters; art prints
21 on canvas; framed art prints; framed photographs; printed photographs, postcards;
22 greetings cards; birthday cards; occasion cards; picture cards; quotation cards; blank
23 journals; book marks; bumper stickers; calendars; paper for wrapping and packaging;
24 cartoon prints; drawing instruments; paper gift tags; paper gift wrap; plastic gift wrap;
25 printed activity cards; picture books; stencils,” in Class 35 for “Retail store services,
26 electronic retail store services, and mail order retail store services featuring
27 educational publications in the fields of meditation and mindfulness, books, electronic
28 books, audio books, activity books, exercise books, electronic publications, booklets,

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COMPLAINT
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1 newsletters, magazines, activity books, meditation training programmes, articles,

2 compilations of quotations, graphic works, images, computer wallpapers, ringtones,
3 posters, art prints on canvas, framed art prints, framed photographs, photographs,
4 digital photographs, images, digital images, poetry books, games, downloadable
5 games software, mugs, stationery, musical recordings, pre-recorded CDs, pre-recorded
6 DVDs, pre-recorded laser disks, pre-recorded optically readable discs, pre-recorded
7 high definition digital disks, video recordings, multi-media recordings, sound
8 recordings, stationery, organizers for stationery use, binders, folders for stationery use,
9 adhesives and decals for stationery use, stickers and transfers, photo albums, memory
10 books, address books, agendas, notepads, note books, art paper, art pads, maps, art
11 prints, posters, art prints on canvas, postcards, greetings cards, birthday cards,
12 occasion cards, picture cards, quotation cards, blank journals, book marks, bumper
13 stickers, calendars, packaging paper, cartoon prints, drawing instruments, gift tags,
14 gift wrap, activity cards, picture books, stencils, sun glasses, photo albums, candles,
15 aromatherapy oils, massage oils, bath oils, soaps, bath bombs, bath milks, bubble bath,
16 bath crystals, bath pearls, bath salts, shower gels, shower lotions, gift baskets
17 containing non-medicated bath preparations and cosmetic preparations, shampoos,
18 skin lotions, body lotions, body creams, facial beauty masks, cosmetics, skin
19 moisturizers, aftershave, fragrance sticks, essential oils, perfume, flower essences,
20 aromatherapy products, incense, cushions, cushion cases, throws, rugs, downloadable
21 mobile applications, phone accessories, phone cases, cases for tablets, cases for
22 personal digital assistants, toys, eye masks, mouse mats, audio speakers, earphones,
23 straps for mobile phones, cases for handheld computers, cases for laptops, cases for
24 notebook computers, sunglasses, cases for spectacles and sunglasses, candle lamps,
25 candle lanterns, lanterns, candle sticks, candle holders, ornamental decorations,
26 decorations for Christmas trees, paper weights,” in Class 41 for “Publication of texts,
27 books, newsletters, magazines, posters and other printed matter; publishing of
28 electronic texts, electronic books, electronic newsletters, electronic articles, music,

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COMPLAINT
 Case 5:22-cv-01708-SVK Document 1 Filed 03/16/22 Page 10 of 20

1 sound recordings, images, moving images, graphic works, and other publications in
2 electronic form; providing on-line publications in the nature of books, newsletters,
3 magazines, posters, texts, articles, messages, quotations, images, and graphic works in
4 the field of meditation and mindfulness; providing information in the fields of
5 entertainment, publishing and education, namely, providing information relating to
6 conferences, events, seminars, courses, workshops, lectures, classes, activities, get-
7 togethers, and entertainment events, all in the field of health and well-being; tuition,
8 training and entertainment services, namely, providing information, advice, training
9 programmes, non-downloadable publications, namely, books, magazines, newsletters,
10 guides, articles, stories, news, commentary, quotations, texts, and non-downloadable
11 videos, music, sound recordings, images, moving images, and games, by means of a
12 global computer network, in the field of meditation and mindfulness training;
13 organizing, arranging, conducting, providing and hosting meditation training
14 programmes; organizing, arranging, conducting, providing and hosting concerts;
15 meditation training services; organizing, arranging, and conducting seminars, tutoring,
16 workshops, and classes in the field of meditation and mindfulness; organizing,
17 arranging, conducting and hosting events, activities, get-togethers, and parties, in the
18 nature of art events, cultural events, and social entertainment events, in the field of
19 meditation and mindfulness training; providing information and consulting services
20 relating to all the aforesaid services.” This registration is registered on a 44E basis and
21 was registered on May 4, 2021.
22 26. Calm Radio has not licensed or otherwise authorized Defendant’s use of
23 Plaintiff’s CALM Marks, or any other mark containing the term CALM.
24 27. Defendant’s use of the confusingly similar CALM word marks and
25 CALM logo mark depicted in paragraph 25 infringe Plaintiff’s CALM Marks.
26 28. On information and belief, because of the COVID-19 pandemic and
27 resulting worldwide anxiety amongst people, Defendant’s meditation app and services
28 have skyrocketed in popularity and use. Given Defendant’s recent popularity, the

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COMPLAINT
 Case 5:22-cv-01708-SVK Document 1 Filed 03/16/22 Page 11 of 20

1 public is likely to and has associated Plaintiff’s CALM Marks with Defendant, the
2 junior mark user, rather than Calm Radio, the senior user of the marks. This is,
3 therefore, a case of both forward and reverse confusion.
4 29. On information and belief, Defendant is well aware of the customer
5 confusion its use of the CALM mark and associated trade dress has created since, until
6 recently, it had a disclaimer on its website specifically clarifying that it is not affiliated
7 with Calm Radio. See Ex. A. The disclaimer previously stated:
8
Please note, this Help Center is for Calm the meditation app and website, and not Calm
9 Radio.

10 Calm.com is not associated with Calm Radio in any way. Purchasing a subscription for
Calm Radio will not unlock content in the Calm app or on the Calm website.
11
While both Calm and Calm Radio do provide a variety of music and nature sounds to listen
12 to, the Calm app and website also includes a wide variety of other audio and video content
options, including meditations, masterclasses, Sleep Stories, and more.
13
14 Defendant’s website has recently been updated and instead states “We are not Calm
15 Radio, Calm Supplement, My Calm Blanket, or Calm Box.”1
16 30. Compounding the confusion is Defendant’s use of a blue mobile app
17 icon with the word CALM shown in white lettering that is confusingly similar to
18 Calm Radio’s own CALM mobile app icon. A copy of Defendant’s mobile app icon is
19 depicted here:
20
21
22
23
24
25
26
27
1
See: https://support.calm.com/hc/en-us/articles/360042603994-We-are-not-Calm-
28 Radio-Calm-Supplement-My-Calm-Blanket-or-Calm-Box, accessed on March 4,
2022.
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COMPLAINT
 Case 5:22-cv-01708-SVK Document 1 Filed 03/16/22 Page 12 of 20

1 31. The likelihood of confusion between Plaintiff and Defendant is increased

2 as the very first listing that shows up in response to a search on the term “Calm
3 Radio” in the Apple App Store is an advertisement for Defendant’s mobile app. A true
4 and correct copy is pasted below.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
32. On information and belief, Defendant was well aware of Plaintiff’s
20
senior rights in Plaintiff’s Calm Marks since before Defendant began offering music
21
streaming services, since the parties had discussions about Defendant potentially
22
acquiring Plaintiff, and entered into a NDA. Defendant had actual knowledge of
23
Plaintiff, its business, and its prior trademark rights in Plaintiff’s CALM Marks,
24
highlighting the knowing and willful nature of Defendant’s infringement.
25
33. Despite its knowledge of Calm Radio’s senior trademark rights, in
26
March 2022, Defendant sent take down notices to the Apple App Store and Google
27
Play asking that these platforms remove Calm Radio’s CALM mobile app and falsely
28

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COMPLAINT
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1 claiming that Defendant has senior rights to the CALM mark and mobile app trade
2 dress. See Ex. B.
3 34. Defendant’s takedown demands to Apple and Google blatantly disregard
4 Plaintiff’s prior trademark rights and erode the goodwill and reputation of Plaintiff’s
5 CALM marks with these important platforms.
6 35. Defendant’s infringing use of Defendant’s CALM Marks has injured
7 Calm Radio in its business and intellectual property and threatens to continue to
8 irreparably injure Calm Radio unless enjoined by this Court. Defendant’s conduct has
9 also deprived Calm Radio of value that rightfully belongs to it through loss of
10 goodwill.
11 FIRST CAUSE OF ACTION
Federal Trademark Infringement
12 Lanham Act § 32(1)(a); 15 U.S.C. § 1114(1)(a)
13 36. Calm Radio incorporates by reference and realleges all previous
14 paragraphs as though fully set forth herein.
15 37. Calm Radio owns a valid and enforceable federal trademark registration
16 for the CALM RADIO mark, U.S. federal trademark registration No. 5080280.
17 38. Calm Radio has not authorized Defendant to use Plaintiff’s registered
18 CALM RADIO mark, and Defendant’s ongoing use of Defendant’s CALM Marks
19 has resulted in Defendant unfairly and unlawfully benefitting from the goodwill
20 embodied in Plaintiff’s registered mark.
21 39. Defendant’s unauthorized use and promotion of Defendant’s CALM
22 Marks in commerce has caused and is likely to cause confusion, mistake, or deception
23 on the part of consumers as to the source, nature, and/or quality of the goods and
24 services Defendant is promoting or offering under Defendant’s CALM Marks,
25 constituting trademark infringement in violation of 15 U.S.C. § 1114.
26 40. As a direct and proximate result of Defendant’s wrongful conduct,
27 Plaintiff has been, is now, and will be irreparably injured and damaged, and unless
28 Defendant is enjoined by the Court, Plaintiff will suffer further harm to its mark,

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1 reputation, and goodwill. This harm constitutes an injury for which Plaintiff has no
2 adequate remedy at law.
3 41. Defendant has acted willfully to usurp Plaintiff’s rights and should be
4 held liable for treble damages and attorneys’ fees pursuant to 15 U.S.C. § 1117(a).
5 SECOND CAUSE OF ACTION
False Designation of Origin
6 Lanham Act § 43(a)(1)(A), 15 U.S.C. § 1125(a)(1)(A)
7 42. Calm Radio incorporates by reference and realleges all previous
8 paragraphs as though fully set forth herein.
9 43. In addition to its registered CALM RADIO mark, Plaintiff owns and
10 enjoys valid, enforceable, and fully subsisting common law rights in its CALM
11 RADIO and CALM marks.
12 44. Calm Radio has had valid and protectable rights in its CALM RADIO
13 and CALM marks since prior to Defendant’s first use of Defendant’s CALM Marks.
14 45. On information and belief, Defendant has used Defendant’s CALM
15 Marks in commerce in the United States in connection with the sale, offering for sale,
16 distribution, and promotion of its goods and services. Defendant’s use of Defendant’s
17 CALM Marks in commerce constitutes false designation of origin, as it is likely to
18 cause confusion, or to cause mistake, or to deceive consumers as to an affiliation,
19 connection, or association between Calm Radio and Defendant, or as to the origin,
20 sponsorship, or approval of Defendant’s goods or services by Calm Radio and vice
21 versa.
22 46. As a direct and proximate result of Defendant’s wrongful conduct, Calm
23 Radio has been, is now, and will be irreparably injured and damaged, and unless
24 Defendant is enjoined by the Court, Calm Radio will suffer further harm to its mark,
25 reputation, and goodwill. This harm constitutes an injury for which Calm Radio has
26 no adequate remedy at law.
27 47. On information and belief, as a direct and proximate result of
28 Defendant’s saturation of the market with its promotions and press coverage,

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1 consumers are also likely to mistakenly associate Plaintiff’s CALM Marks with
2 Defendant, the junior use of the CALM mark, instead of Calm Radio, the senior user
3 of Plaintiff’s CALM Marks. Defendant’s use of Defendant’s CALM Marks is thus
4 likely to cause both forward and reverse confusion and constitutes a violation of 15
5 U.S.C. § 1125(a).
6 48. On information and belief, Defendant has acted willfully and should be
7 held liable for treble damages and attorneys’ fees pursuant to 15 U.S.C. § 1117(a) in
8 this exceptional case.
9 THIRD CAUSE OF ACTION
Trade Dress Infringement
10 Lanham Act § 43(a)(1)(A), 15 U.S.C. § 1125(a)(1)(A)
11 49. Calm Radio incorporates by reference and realleges all previous
12 paragraphs as though fully set forth herein.
13 50. On information and belief, Defendant has used a trade dress in
14 connection with its CALM mobile app icon that is confusingly similar to Calm
15 Radio’s trade dress for its CALM mobile application.
16 51. Calm Radio has senior rights to its CALM mobile app trade dress by
17 virtue of using the distinctive and nonfunctional trade dress in commerce since well
18 before Defendant began using Defendant’s CALM Marks.
19 52. Defendant’s use of a confusingly similar blue mobile app icon with the
20 word CALM featured in white lettering is likely to cause confusion and/or mistake in
21 the minds of consumers as to affiliation, relation, or association of Calm Radio with
22 Defendant or as to the origin, sponsorship, or approval by Calm Radio of Defendant’s
23 services.
24 53. As a direct and proximate result of Defendant’s infringing activities,
25 Calm Radio has been, is now, and will be irreparably injured and damaged, and unless
26 Defendant is enjoined by the Court, Calm Radio will suffer further harm to its mark,
27 reputation, and goodwill. This harm constitutes an injury for which Calm Radio has
28 no adequate remedy at law.

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1 54. Defendant’s trade dress infringement will also continue to cause

2 irreparable harm if Defendant is not restrained by this Court from further violation of
3 Calm Radio’s rights. Calm Radio has no adequate remedy at law for the harm being
4 caused to Calm Radio, particularly with respect to the loss of Calm Radio’s goodwill
5 and market share due to Defendant’s infringement. Calm Radio is therefore entitled to
6 and seeks injunctive relief.
7 55. On information and belief, Defendant has acted willfully and should be
8 held liable for treble damages and attorneys’ fees pursuant to 15 U.S.C. § 1117(a) in
9 this exceptional case.
10 FOURTH CAUSE OF ACTION
Common Law Trademark Infringement
11
12 56. Calm Radio incorporates by reference and realleges all previous
13 paragraphs as though fully set forth herein.
14 57. Calm Radio owns and enjoys valid, enforceable, and fully subsisting
15 common law trademark rights in Plaintiff’s Calm Marks in California and throughout
16 the United States.
17 58. Defendant, through the conduct and violations described above, is
18 engaging in trademark infringement and unfair competition against Calm Radio under
19 California common law.
20 59. As a direct and proximate result of Defendant’s wrongful conduct, Calm
21 Radio has and will be irreparably injured and damaged, and unless Defendant is
22 enjoined by the Court, Calm Radio will suffer further harm to its mark, reputation, and
23 goodwill. This harm constitutes an injury for which Calm Radio has no adequate
24 remedy at law.
25 60. On information and belief, Defendant has acted willfully.
26 FIFTH CAUSE OF ACTION
Unlawful, Unfair, and Fraudulent Business Practices
27 California Business & Professions Code § 17200
28

15
COMPLAINT
 Case 5:22-cv-01708-SVK Document 1 Filed 03/16/22 Page 17 of 20

1 61. Calm Radio incorporates by reference and realleges all previous

2 paragraphs as though fully set forth herein.
3 62. Defendant’s conduct, described above, constitutes unlawful, unfair, or
4 fraudulent business acts or practices and as such constitutes unfair competition under
5 California Business & Professions Code §§ 17200 et seq.
6 63. Defendant’s conduct constitutes unlawful and unfair business acts or
7 practices in that Defendant has engaged in unfair competition through using a false
8 designation of origin under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
9 64. As a direct and proximate result of Defendant’s wrongful and unfair
10 conduct, Calm Radio has been, is now, and will be irreparably injured and damaged,
11 and unless Defendant is enjoined by the Court, Calm Radio will suffer further harm to
12 its mark, reputation, and goodwill. This harm constitutes an injury for which Calm
13 Radio has no adequate remedy at law.
14 65. On information and belief, Defendant has acted willfully.
15 SIXTH CAUSE OF ACTION
Deceptive, False, and Misleading Advertising
16 California Business & Professions Code § 17500
17 66. Calm Radio incorporates by reference and realleges all previous
18 paragraphs as though fully set forth herein.
19 67. Defendant’s conduct, described above, constitutes false and misleading
20 advertising under California Business & Professions Code §§ 17500 et seq.
21 68. Calm Radio has valid and protectable rights in Plaintiff’s Calm Marks
22 since prior to Defendant’s first use of Defendant’s CALM Marks.
23 69. Calm Radio has not authorized Defendant to use Plaintiff’s CALM
24 Marks in connection with the promotion of Defendant’s goods and services.
25 70. Defendant’s unauthorized use of Defendant’s CALM Marks is likely to
26 cause consumers to believe that there is a relationship between Defendant and Calm
27 Radio and/or that Defendant’s products and services are associated with or come from
28 Calm Radio, and/or vice versa, when they do not, and such association constitutes

16
COMPLAINT
 Case 5:22-cv-01708-SVK Document 1 Filed 03/16/22 Page 18 of 20

1 false and misleading advertising in violation of California Business & Professions

2 Code §§ 17500 et seq.
3 71. Defendant’s use of Defendant’s CALM Marks will permit Defendant to
4 capitalize on Calm Radio’s success, goodwill, and reputation in promoting its goods
5 and services. Further, Defendant’s false and misleading advertising has harmed and is
6 likely to continue to harm Calm Radio by diverting business from Calm Radio to
7 Defendant and by discouraging or frustrating potential users of Calm Radio’s services
8 from being able to consume those services.
9 72. As a direct and proximate result of Defendant’s wrongful conduct, Calm
10 Radio has been, is now, and will be irreparably injured and damaged, and unless
11 Defendant is enjoined by the Court, Calm Radio will suffer further harm to its name,
12 reputation, and goodwill. This harm constitutes an injury for which Calm Radio has
13 no adequate remedy at law.
14 73. On information and belief, Defendant has acted willfully.
15 REQUEST FOR RELIEF
16 WHEREFORE, Plaintiff Calm Radio respectfully requests that the Court enter
17 judgment against Defendant Calm.com, Inc. as follows:
18 1. Preliminarily and permanently enjoining Defendant, and all persons in
19 active concert or participation with it, from directly or indirectly:
20 • using Defendant’s CALM Marks, or any other mark, word,
21 company name, trade name, brand name, or product name
22 incorporating or confusingly similar to Plaintiff’s CALM Marks;
23 • from representing by any means whatsoever, that Plaintiff and its
24 goods and services are associated in any way with Defendant or
25 Defendant’s CALM Marks;
26 • from using Plaintiff’s CALM mobile app trade dress or any
27 confusingly similar trade dress;
28

17
COMPLAINT
 Case 5:22-cv-01708-SVK Document 1 Filed 03/16/22 Page 19 of 20

1 • from doing any other acts calculated or likely to cause confusion or

2 mistake in the mind of the public or to lead others to believe that
3 Plaintiff’s goods or services come from or are the products or
4 services of Defendant, or are somehow sponsored by or associated
5 with Defendant; and
6 • from otherwise unfairly competing with Plaintiff or
7 misappropriating Plaintiff’s reputation and goodwill.
8 2. Directing, pursuant to Section 37 of the Lanham Act, 15 U.S.C. § 1119,
9 the cancellation of U.S. Trademark Registration Nos. 6000366, 5751634, 6337486,
10 and 5666935 and any and all other federal registrations for the mark CALM or any
11 mark consisting of, incorporating, or containing Plaintiff’s CALM Marks or any
12 confusingly similar variation owned or controlled by Defendant;
13 3. Directing, pursuant to Section 37 of the Lanham Act, 15 U.S.C. § 1119,
14 the abandonment with prejudice of any and all of Plaintiff’s U.S. trademark
15 applications to register the mark CALM or any mark consisting of, incorporating, or
16 containing the CALM element or any confusingly similar variation to Plaintiff’s
17 CALM Marks;
18 4. Ordering Defendant to deliver up for destruction all products, packaging,
19 labels, wrappers, signs, prints, advertisements, electronic files, and other articles
20 bearing the infringing Defendant’s CALM Marks;
21 5. Awarding Plaintiff its actual damages and Defendant’s unjust and
22 unlawful profits arising from Defendant’s misconduct;
23 6. Ordering restitution to Plaintiff for Defendant’s unjust enrichment and
24 unlawful gains to the detriment of Plaintiff;
25 7. Awarding Plaintiff additional damages and profits of three times the
26 actual damages and profits, together with attorneys’ fees;
27 8. Awarding exemplary damages in an amount to be determined by jury;
28

18
COMPLAINT
 Case 5:22-cv-01708-SVK Document 1 Filed 03/16/22 Page 20 of 20

1 9. Awarding Plaintiff its costs of suit, attorney’s fees, and reasonable

2 expenses in this exceptional case;
3 10. Awarding pre-and post-judgment interest at the maximum rate allowable
4 by the law; and
5 11. Granting such other relief as the Court may deem just and equitable.
6 DEMAND FOR JURY TRIAL
7 Plaintiff demands a trial by jury on all issues so triable.
8
9 Dated: March 16, 2022 WINSTON & STRAWN LLP
10 By: /s/ Jennifer A. Golinveaux
Jennifer A. Golinveaux
11 Irina V. Lyapis
Samantha Looker
12
Attorneys for Plaintiff Calm Radio Corp.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

19
COMPLAINT
Case 5:22-cv-01708-SVK Document 1-1 Filed 03/16/22 Page 1 of 3

EXHIBIT A
7/22/2020 Case 5:22-cv-01708-SVK Questions
Document 1-1
about Calm RadioFiled
– Calm 03/16/22
Help Center Page 2 of 3

Calm Help Center > Troubleshooting and How-To Guides > Using my Calm App with...

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Questions about Calm Radio

Layna Smith
👤 4 days ago · Updated
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Please note, this Help Center is for Calm the meditation app and website, and not Calm
Radio.
Calm.com is not associated with Calm Radio in any way. Purchasing a subscription for
Calm Radio will not unlock content in the Calm app or on the Calm website.

While both Calm and Calm Radio do provide a variety of music and nature sounds to listen
to, the Calm app and website also includes a wide variety of other audio and video content
options, including meditations, masterclasses, Sleep Stories, and more. You can learn more
about what's available through Calm here.
Please see https://calmradio.com/en/support for help with Calm Radio.



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Document 1-1
about Calm RadioFiled
– Calm 03/16/22
Help Center Page 3 of 3

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https://support.calm.com/hc/en-us/articles/360042603994-Questions-about-Calm-Radio 2/2
Case 5:22-cv-01708-SVK Document 1-2 Filed 03/16/22 Page 1 of 10

EXHIBIT B
 Case 5:22-cv-01708-SVK Document 1-2 Filed 03/16/22 Page 2 of 10

From: ASN <AppStoreNotices@apple.com>

Date: Monday, February 28, 2022 at 2:44 PM
To: Eric Harry <eric@calmradio.com>, Calm Radio Admin <admin@calmradio.com>, Wayne Seifried
<wayne@calmradio.com>, Jeff Graville <jeff@calmradio.com>, Simon Harry <simon@calmradio.com>,
klitvinov@briskmobile.com <klitvinov@briskmobile.com>, deckyfrombgd@gmail.com
<deckyfrombgd@gmail.com>, admin@ehmusic.com <admin@ehmusic.com>, kirill.litvinov@geeksforless.com
<kirill.litvinov@geeksforless.com>, Élisabeth Cournoyer <ecournoyer@stingray.com>, Justine Perron-
Mongeau <jperron@stingray.com>, Marie Reghem <mreghem@stingray.com>, Pierre-Jean Lavigne
<pjlavigne@stingray.com>, Rafael Bifano <rbifano@stingray.com>, Serhii Sychevyi <ssychevyi@stingray.com>,
Neil Ivess <nivess@stingray.com>, Alexandre Lavallée <alavallee@stingray.com>, Lucille Kerysaouen
<lkerysaouen@stingray.com>
Cc: ip@calm.com <ip@calm.com>
Subject: Apple Inc. (our ref# APP158477) Notice of Complaint

Dear Sir or Madam,

**Please include APP158477 in the subject line of any future correspondence on this matter.**

On 2/16/2022, we received a notice from Calm.com, Inc. ("Complainant") that Complainant believes the app listed
below infringes its intellectual property rights. In particular, Complainant believes you are infringing its trademark and
copyright. Please see their comments below.

Developer: Calm Radio

Provider: Calm Radio
1
 Case 5:22-cv-01708-SVK Document 1-2 Filed 03/16/22 Page 3 of 10

Comments: Calm.com, Inc. ("Calm") is a meditation, sleep, and relaxation software application available for download on
the Apple App Store (the “Calm App”). The Calm App is currently the #2 app on the Apple App store in the Health &amp;
Fitness category, was the Apple 2017 App of the Year, an Apple Best of 2018 Award Winner, and has over 1.4 million
ratings on the Apple App store.

Calm owns registered trademarks for the following word marks: CALM in the U.S. (Reg. No. 6000366) and the U.K. (Reg.
No. 3471000) – and the following design marks – CALM Stylized (B&amp;W) in the U.S. (Reg. No. 5751634) and E.U.
(Reg. No. 13876974) (together, the “Calm B&amp;W Design Mark”) and CALM Stylized (Color) in the U.S. (Reg. No.
5666935) and E.U. (Reg. No. 13876941) (together, the “Calm Color Design Mark”), which together cover a variety of
goods and services including music and other audio recordings and software applications in the fields of entertainment,
meditation, relaxation, sleep assistance, and anxiety.

"Calm Radio,” an app offering significantly similar content (“calming sounds, sleep music, sleep sounds, sleep stories,
guided meditations, and meditation music”) is making unauthorized use of a mark that is essentially identical and
therefore confusingly similar to trademark and trade dress protections that Calm has in its Calm Color Design Mark, in
the name, design, imagery, branding, layout and color of its application icon (notably using “Calm” rather than “Calm
Radio,” and adopting Calm’s white, centered font on a teal/blue gradient background), previews, and screenshots in the
Apple App Store, and in Calm’s other registered word mark “CALM” and the Calm B&amp;W Design Mark. This
infringement is immediately apparent when comparing Calm Radio’s iPhone app icon (which includes the word “CALM”
and omits the word “RADIO”) to Calm’s iPhone app icon, which is clearly protected by Calm’s Color Word Mark. Calm
Radio’s unauthorized use of a mark that is identical and in any event confusingly similar to the Calm Color Design Mark,
Calm’s registered trademark in the word mark, “CALM,” and the Calm B&amp;W Design Mark for the identical purpose
as Calm’s protected use constitutes trademark infringement and suggests affiliation, sponsorship or endorsement by
Calm, infringing on the goodwill that Calm has spent significant time and effort developing in these marks in the
relaxation and meditation software application space.

To remove any likelihood of trademark confusion, we ask that Calm Radio change its application icon, previews, and
screenshots so that they no longer infringe on the Calm Color Design Mark, the Calm B&amp;W Design Mark and Calm’s
registered trademark in the word mark, “CALM.”
Trademarks: U.S. 6000366, 5666935, &amp; 5751634; E.U. 1387694 &amp; 13876941
-

You can reach Complainant through Caitlin Brady (email: ip@calm.com), copied on this email. Please exchange
correspondence directly with Complainant.

We look forward to receiving written assurance that your application does not infringe Complainant's rights, or that the
parties are taking steps to promptly resolve the matter. Please keep us apprised of your progress.

Please note that during the course of this matter:

1. Correspondence to Apple must include the reference number noted above in the subject line and copy the other
party. All correspondence sent to Apple may be shared with the other party.

2. Written assurance of rights may include confirmation that your application does not infringe Complainant's rights, an
express authorization from Complainant, or other evidence acceptable to Apple, and should include documentation
wherever possible.

3. Should you choose to remove your application (for example, while you make any necessary changes), visit App Store
Connect at https://appstoreconnect.apple.com and access your app in the Manage Your Application module.

2
 Case 5:22-cv-01708-SVK Document 1-2 Filed 03/16/22 Page 4 of 10

• Click on the "Pricing and Availability" tab from the App Summary Page and select "Edit" by "Availability"
• Select and deselect "All" territories to uncheck all App Store territories
• Click on the "Done" button

4. Developers with a history of allegations of repeat infringement, or those who misrepresent facts to Apple and/or the
Complainant are at risk of termination from the Developer Program.

5. Failure to respond to the Complainant or to take steps toward resolving a dispute may lead to removal of the app(s)
at issue as in violation of the App Store Review Guidelines and/or the iOS Developer Program License Agreement. Please
keep Apple apprised of your progress.

Thank you for your immediate attention.

Sincerely,

Allie

Apple Legal | Apple | One Apple Park Way Cupertino, CA 95014 | mailto:AppStoreNotices@apple.com
The information in this e-mail and any attachment(s) is intended solely for the personal and confidential use of the
designated recipients. This message may be an attorney-client communication protected by privilege. If you are not the
intended recipient, you may not review, use, copy, forward, or otherwise disseminate this message. Please notify us of
the transmission error by reply e-mail and delete all copies of the message and any attachment(s) from your
systems. The use of the sender's name in this message is not intended as an electronic signature under any applicable
law. Thank you.

3
 Case 5:22-cv-01708-SVK Document 1-2 Filed 03/16/22 Page 5 of 10

From: ASN <AppStoreNotices@apple.com>

Date: Monday, February 28, 2022 at 2:44 PM
To: Eric Harry <eric@calmradio.com>, Calm Radio Admin <admin@calmradio.com>, Wayne Seifried
<wayne@calmradio.com>, Jeff Graville <jeff@calmradio.com>, Simon Harry <simon@calmradio.com>,
klitvinov@briskmobile.com <klitvinov@briskmobile.com>, deckyfrombgd@gmail.com
<deckyfrombgd@gmail.com>, admin@ehmusic.com <admin@ehmusic.com>, kirill.litvinov@geeksforless.com
<kirill.litvinov@geeksforless.com>, Élisabeth Cournoyer <ecournoyer@stingray.com>, Justine Perron-
Mongeau <jperron@stingray.com>, Marie Reghem <mreghem@stingray.com>, Pierre-Jean Lavigne
<pjlavigne@stingray.com>, Rafael Bifano <rbifano@stingray.com>, Serhii Sychevyi <ssychevyi@stingray.com>,
Neil Ivess <nivess@stingray.com>, Alexandre Lavallée <alavallee@stingray.com>, Lucille Kerysaouen
<lkerysaouen@stingray.com>
Cc: ip@calm.com <ip@calm.com>
Subject: Apple Inc. (our ref# APP158477) Notice of Complaint

Dear Sir or Madam,

**Please include APP158477 in the subject line of any future correspondence on this matter.**

On 2/16/2022, we received a notice from Calm.com, Inc. ("Complainant") that Complainant believes the app listed
below infringes its intellectual property rights. In particular, Complainant believes you are infringing its trademark and
copyright. Please see their comments below.

Developer: Calm Radio

Provider: Calm Radio
App Title: Calm Radio: Music to Relax
1
 Case 5:22-cv-01708-SVK Document 1-2 Filed 03/16/22 Page 6 of 10

Comments: Calm.com, Inc. ("Calm") is a meditation, sleep, and relaxation software application available for download on
the Apple App Store (the “Calm App”). The Calm App is currently the #2 app on the Apple App store in the Health &amp;
Fitness category, was the Apple 2017 App of the Year, an Apple Best of 2018 Award Winner, and has over 1.4 million
ratings on the Apple App store.

Calm owns registered trademarks for the following word marks: CALM in the U.S. (Reg. No. 6000366) and the U.K. (Reg.
No. 3471000) – and the following design marks – CALM Stylized (B&amp;W) in the U.S. (Reg. No. 5751634) and E.U.
(Reg. No. 13876974) (together, the “Calm B&amp;W Design Mark”) and CALM Stylized (Color) in the U.S. (Reg. No.
5666935) and E.U. (Reg. No. 13876941) (together, the “Calm Color Design Mark”), which together cover a variety of
goods and services including music and other audio recordings and software applications in the fields of entertainment,
meditation, relaxation, sleep assistance, and anxiety.

"Calm Radio,” an app offering significantly similar content (“calming sounds, sleep music, sleep sounds, sleep stories,
guided meditations, and meditation music”) is making unauthorized use of a mark that is essentially identical and
therefore confusingly similar to trademark and trade dress protections that Calm has in its Calm Color Design Mark, in
the name, design, imagery, branding, layout and color of its application icon (notably using “Calm” rather than “Calm
Radio,” and adopting Calm’s white, centered font on a teal/blue gradient background), previews, and screenshots in the
Apple App Store, and in Calm’s other registered word mark “CALM” and the Calm B&amp;W Design Mark. This
infringement is immediately apparent when comparing Calm Radio’s iPhone app icon (which includes the word “CALM”
and omits the word “RADIO”) to Calm’s iPhone app icon, which is clearly protected by Calm’s Color Word Mark. Calm
Radio’s unauthorized use of a mark that is identical and in any event confusingly similar to the Calm Color Design Mark,
Calm’s registered trademark in the word mark, “CALM,” and the Calm B&amp;W Design Mark for the identical purpose
as Calm’s protected use constitutes trademark infringement and suggests affiliation, sponsorship or endorsement by
Calm, infringing on the goodwill that Calm has spent significant time and effort developing in these marks in the
relaxation and meditation software application space.

To remove any likelihood of trademark confusion, we ask that Calm Radio change its application icon, previews, and
screenshots so that they no longer infringe on the Calm Color Design Mark, the Calm B&amp;W Design Mark and Calm’s
registered trademark in the word mark, “CALM.”
Trademarks: U.S. 6000366, 5666935, &amp; 5751634; E.U. 1387694 &amp; 13876941
-

You can reach Complainant through Caitlin Brady (email: ip@calm.com), copied on this email. Please exchange
correspondence directly with Complainant.

We look forward to receiving written assurance that your application does not infringe Complainant's rights, or that the
parties are taking steps to promptly resolve the matter. Please keep us apprised of your progress.

Please note that during the course of this matter:

1. Correspondence to Apple must include the reference number noted above in the subject line and copy the other
party. All correspondence sent to Apple may be shared with the other party.

2. Written assurance of rights may include confirmation that your application does not infringe Complainant's rights, an
express authorization from Complainant, or other evidence acceptable to Apple, and should include documentation
wherever possible.

3. Should you choose to remove your application (for example, while you make any necessary changes), visit App Store
Connect at https://appstoreconnect.apple.com and access your app in the Manage Your Application module.

2
 Case 5:22-cv-01708-SVK Document 1-2 Filed 03/16/22 Page 7 of 10

• Select and deselect "All" territories to uncheck all App Store territories
• Click on the "Done" button

4. Developers with a history of allegations of repeat infringement, or those who misrepresent facts to Apple and/or the
Complainant are at risk of termination from the Developer Program.

5. Failure to respond to the Complainant or to take steps toward resolving a dispute may lead to removal of the app(s)
at issue as in violation of the App Store Review Guidelines and/or the iOS Developer Program License Agreement. Please
keep Apple apprised of your progress.

Thank you for your immediate attention.

Sincerely,

Allie

Apple Legal | Apple | One Apple Park Way Cupertino, CA 95014 | mailto:AppStoreNotices@apple.com
The information in this e-mail and any attachment(s) is intended solely for the personal and confidential use of the
designated recipients. This message may be an attorney-client communication protected by privilege. If you are not the
intended recipient, you may not review, use, copy, forward, or otherwise disseminate this message. Please notify us of
the transmission error by reply e-mail and delete all copies of the message and any attachment(s) from your
systems. The use of the sender's name in this message is not intended as an electronic signature under any applicable
law. Thank you.

3
 Case 5:22-cv-01708-SVK Document 1-2 Filed 03/16/22 Page 8 of 10

From: Google Play Support <no-reply-googleplay-developer@google.com>

Date: Thursday, March 3, 2022 at 4:24 PM
To: calmradiocorp@gmail.com <calmradiocorp@gmail.com>
Cc: Eric Harry <eric@calmradio.com>
Subject: Notification from Google Play about CalmRadio.com - Relaxing Music

Developer update

Hi Developers at calmradio,

1
Case 5:22-cv-01708-SVK Document 1-2 Filed 03/16/22 Page 9 of 10
Case 5:22-cv-01708-SVK Document 1-2 Filed 03/16/22 Page 10 of 10
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CALM RADIO CORP., a corporation incorporated under the laws of the Province of Ontario CALM.COM, INC., a Delaware corporation
E &RXQW\RI 5HVLGHQFHRI)LUVW/LVWHG 3ODLQWLII Ontario &RXQW\ RI5HVLGHQFHRI)LUVW/LVWHG'HIHQGDQW San Francisco County
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
127(,1/$1' &21'(01$7,21&$6(686(7+(/2&$7,212)
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Winston & Strawn LLP, 101 California Street, 35th Floor, San Francisco, CA 94111 (415) 591-1000

,, %$6,62)-85,6',&7,21(Place an “X” in One Box Only) ,,, &,7,=(16+,32)35,1&,3$/ 3$57,(6 (Place an “X” in One Box for Plaintiff
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