Case 3:23-cv-04266 Document 1 Filed 08/21/23 Page 1 of 15

1 BUCHALTER
A Professional Corporation
2 WILLMORE F. HOLBROW III (SBN: 169688)
GABRIEL G. GREEN (SBN: 222445)
3 MICHAEL J. WORTH (SBN: 291817)
1000 Wilshire Boulevard, Suite 1500
4 Los Angeles, CA 90017-1730
Telephone: 213.891.0700
5 Fax: 213.896.0400
Email: wholbrow@buchalter.com
6 ggreen@buchalter.com
mworth@buchalter.com
7
Attorneys for Plaintiff
8 DIGITAL WILL INC., a Japanese corporation

9
UNITED STATES DISTRICT COURT
10
NORTHERN DISTRICT OF CALIFORNIA
11
DIGITAL WILL INC., a Japanese corporation, Case No. _ 3:23-cv-04266
12
Plaintiff, COMPLAINT FOR DAMAGES
13
vs. 1. BREACH OF IMPLIED COVENANT
14 OF GOOD FAITH AND FAIR
APPLE INC., a California corporation, DEALING
15
Defendant. 2. INTENTIONAL INTERFERENCE
16 WITH CONTRACTUAL RELATIONS

17 3. INTENTIONAL INTERFERENCE
WITH PROSPECTIVE ECONOMIC
18 ADVANTAGE

19 4. NEGLIGENT INTERFERENCE WITH

PROSPECTIVE ECONOMIC
20 ADVANTAGE

21 5. VIOLATIONS OF CAL. BUS. & PROF.

CODE § 17200, ET SEQ.
22
DEMAND FOR JURY TRIAL
23

24

25

26

27

28
BUCHALTER
A PROFES SION AL CORPORAT ION
LOS ANG ELES
COMPLAINT FOR DAMAGES Case No. 3:23-cv-04266___
BN 77955890v1
 Case 3:23-cv-04266 Document 1 Filed 08/21/23 Page 2 of 15

1 Plaintiff Digital Will Inc. complains and alleges as follows:

2 PARTIES
3 1. Plaintiff Digital Will Inc. (“Digital Will” or “Plaintiff”) is a Japanese corporation
4 formed and existing under and by virtue of the laws of Japan, with its principal place of business
5 in Shibuya-Ku, Tokyo, Japan.
6 2. Plaintiff is informed and believes, and on that basis alleges, that defendant Apple
7 Inc. (“Apple” or “Defendant”) is a California corporation formed and existing under and by virtue
8 of the laws of the State of California, with its principal place of business in Cupertino, California.
9 JURISDICTION AND VENUE
10 3. This Court has original subject matter jurisdiction over the claims in this action
11 pursuant to 28 U.S.C. Section 1332. The matter in controversy exceeds the sum of $75,000,
12 exclusive of costs and interest. There is complete diversity of citizenship pursuant to 28 U.S.C.
13 § 1332. Plaintiff is informed and believes, and on that basis alleges, that Plaintiff Apple is a citizen
14 of California and Defendant Digital Will is a citizen of Japan.
15 4. Apple is subject to personal jurisdiction in this Court pursuant to California Code of
16 Civil Procedure Section 410.10 because, inter alia, Apple is a citizen of California, operates from
17 its principal place of business in California, maintains substantial or continuous and systemic
18 contacts with California, has purposefully availed itself of the economic benefits of transacting
19 business in California, and has committed tortious acts alleged herein within California.
20 5. Venue in this Court is proper pursuant to 28 U.S.C. § 1391 in that one or more of
21 the parties are located in or transact their affairs in this District, a substantial part of the events or
22 omissions giving rise to the claims occurred in this District, and/or the contracts that form the basis
23 of this Complaint were to be performed in Cupertino, California, and because all the parties are
24 subject to personal jurisdiction in this Court.
25 GENERAL ALLEGATIONS
26 6. Digital Will is a Japanese headquartered software solution developer, digital
27 marketing agency, game publisher, and product innovation lab. Digital Will develops, among other
28 things, digital games and apps, and provides software maintenance, consulting, and other support
BUCHALTER
A PROFES SION AL CORPORAT ION
LOS ANG ELES
2
COMPLAINT FOR DAMAGES Case No. 3:23-cv-04266___
BN 77955890v1
 Case 3:23-cv-04266 Document 1 Filed 08/21/23 Page 3 of 15

1 services. Plaintiff is a small business with only six employees, and its revenue and livelihood
2 largely depend on its ability to distribute its digital products through Apple’s App Store.
3 7. To that end, Digital Will maintained an Apple Developer Program (“ADP”)
4 membership (Apple Team ID F2FJ2K8N39) that was memorialized through a written Apple
5 Developer Program License Agreement (“DPLA”) between Apple and Digital Will. The ADP
6 membership allowed Plaintiff to distribute and promote its software products (namely, its games
7 and apps) to end users through the Apple App Store.
8 8. On or about March 26, 2022, without warning and to Plaintiff’s surprise, Plaintiff
9 received a boilerplate message from Apple’s App Store Review stating that Apple determined that
10 Digital Will’s ADP membership “has been used for dishonest or fraudulent activity,” and thus,
11 Plaintiff’s ADP account was “flagged for removal.”
12 9. The boilerplate message stated that Apple found that Digital Will’s ADP account
13 was allegedly “associated with terminated developer accounts, or accounts pending termination, in
14 direct violation of the Apple Developer Program License Agreement.”
15 10. Critically, Apple’s message to Digital Will did not identify any such accounts that
16 were terminated or pending termination with which Digital Will’s account was allegedly
17 associated.
18 11. In fact, Apple’s message did not identify any specific facts whatsoever, or any
19 particular misconduct in which Digital Will engaged that violated the DPLA.
20 12. The message further stated that Digital Will could appeal this determination within
21 14 days so long as it provides a written statement that thoroughly explains the issues Apple
22 identified, the specific steps Plaintiff will take to resolve them, and any new information clarifying
23 the issues.
24 13. However, it was impossible for Digital Will to appeal and respond to “the issues
25 [Apple] identified,” when Apple had not identified any specific issues.
26 14. Notably, and importantly, Plaintiff’s ADP membership has never been used for
27 dishonest or fraudulent activity.
28
BUCHALTER
A PROFES SION AL CORPORAT ION
LOS ANG ELES
3
COMPLAINT FOR DAMAGES Case No. 3:23-cv-04266___
BN 77955890v1
 Case 3:23-cv-04266 Document 1 Filed 08/21/23 Page 4 of 15

1 15. Indeed, Apple has no evidence to even suggest that Plaintiff’s ADP membership
2 was actually used for dishonest or fraudulent activity.
3 16. In response to the message, Digital Will’s CEO, William Bohn, submitted a written
4 response on behalf of Digital Will to Apple, in which he explained some of Plaintiff’s history with
5 Apple.
6 17. Understandably, Mr. Bohn requested that Apple provide Plaintiff with more detail
7 regarding Apple’s vague allegations that Digital Will used its account for “dishonest or fraudulent
8 activity.”
9 18. Mr. Bohn explained that Apple’s message came “as a complete shock” to Plaintiff,
10 as Plaintiff had always had a fruitful relationship with Apple and that the allegations were contrary
11 to Digital Will’s company values and core mission.
12 19. Mr. Bohn implored Apple to provide Plaintiff with some facts concerning the
13 purported allegations so Plaintiff could promptly respond and resolve any issues.
14 20. On or about April 1, 2022, the Apple App Store Review Board sent Plaintiff another
15 boilerplate message indicating that Apple “thoroughly evaluated the activity” associated with
16 Digital Will’s ADP membership, completed its investigation, and determined that Digital Will’s
17 ADP membership “has been used for dishonest or fraudulent activity.”
18 21. This was essentially the same message Apple sent Plaintiff on March 26, 2022.
19 22. The message further stated that Apple’s “appeal decision is final” and that “any
20 subsequent appeals [Plaintiff] file[s] will be closed without review.”
21 23. The message even went so far as to state that Apple “found a pattern of manipulative
22 or misleading behavior that has led to the termination of [Digital Will’s] Apple Developer Program
23 membership.”
24 24. Again, Apple’s apparently automated message was keen to levy serious allegations
25 of misconduct and moral turpitude against Digital Will without providing any facts, examples, or
26 details whatsoever.
27 25. On or about April 5, 2022, after becoming even more deeply concerned about the
28 matter, Mr. Bohn, on behalf of Digital Wall, called Apple Japan Developer Support, and spoke with
BUCHALTER
A PROFES SION AL CORPORAT ION
LOS ANG ELES
4
COMPLAINT FOR DAMAGES Case No. 3:23-cv-04266___
BN 77955890v1
 Case 3:23-cv-04266 Document 1 Filed 08/21/23 Page 5 of 15

1 an Apple representative, who advised him that she could not do anything, but would forward his
2 inquiry to the correct Apple personnel and that they would respond to him further.
3 26. On or about April 7, 2022, in response to Mr. Bohn’s phone call to Apple Japan
4 Developer Support, Digital Will received a two-sentence response from the Apple Developer
5 Program Team advising Plaintiff that, because Digital Will already submitted a “termination
6 appeal,” Apple’s “termination decision is final” and Plaintiff’s appeal would not be processed.
7 27. In reality, Apple improperly and unilaterally deemed Plaintiff’s requests for even a
8 scintilla of information regarding the vague and baseless accusations—so Plaintiff could
9 understand and intelligently respond to them—to be a “termination appeal.”
10 28. In other words, Apple failed to provide Plaintiff with any facts or details to support
11 its unilateral termination of Plaintiff’s ADP membership, and then stripped Plaintiff of any
12 meaningful opportunity to appeal Apple’s arbitrary and highly damaging termination of Plaintiff.
13 29. Ultimately, on April 16, 2022, Apple emailed Plaintiff a notice of termination letter
14 in which Apple notified Plaintiff that Apple had terminated the DPLA with Plaintiff, and again,
15 made generic references to “dishonest and fraudulent acts relating to [the] agreement,” without any
16 specifics relating to the improper conduct.
17 30. Apple’s termination notice simply states, “Apple has good reason to believe” that
18 Digital Will violated the terms of the DPLA.
19 31. Apple has no evidence that Plaintiff violated the terms of the DPLA.
20 32. Apple is a dominant and controlling player in the mobile app industry. It currently
21 has 1.8 million apps available and distributes more than 4 billion apps each day. 1
22 33. Many companies and software developers, like Plaintiff, rely on Apple’s App Store
23 to operate their businesses and make a living.
24 34. There is no question that Apple’s flagrant and inappropriate termination of Digital
25 Will’s ADP membership would, and did, have a devastating effect on Digital Will.
26

27
1
See About the App Store, APPLE, available at https://www.apple.com/app-store/ (last visited June
28 26, 2023).
BUCHALTER
A PROFES SION AL CORPORAT ION
LOS ANG ELES
5
COMPLAINT FOR DAMAGES Case No. 3:23-cv-04266___
BN 77955890v1
 Case 3:23-cv-04266 Document 1 Filed 08/21/23 Page 6 of 15

1 35. Digital Will is a small company. Its founder’s wife was pregnant with their first
2 child while Plaintiff was dealing with this dispute. The losses Digital Will has sustained as a result
3 of Apple’s misconduct had a significant impact on its ability to pay its six employees and survive.
4 36. On or about June 3, 2022, Plaintiff retained counsel to send a letter to Apple
5 demanding, among other things, that Apple reinstate Plaintiff’s ADP membership and compensate
6 Plaintiff for its reasonable economic losses and attorneys’ fees incurred for this matter.
7 37. On or about August 23, 2022—over two months after Digital Will engaged counsel
8 to send a letter to Apple—Apple reinstated Digital Will’s ADP membership without providing any
9 explanation or details to support its termination of Plaintiff in the first instance, or compensation to
10 reimburse Plaintiff for its losses Apple caused.
11 38. Apple’s act of reinstating Plaintiff acknowledges that Apple terminated Digital
12 Will’s ADP membership without justification.
13 39. By the time that Apple finally reinstated Digital Will’s ADP membership, Digital
14 Will had already sustained significant damages.
15 40. The harm Apple causes Plaintiff could have been avoided if Apple simply
16 communicated with Plaintiff before unilaterally and improperly terminating its account.
17 41. As a result of Apple’s abrupt and unjustified termination of Plaintiff’s ADP account,
18 Plaintiff’s revenue from game sales went to zero for at least five months.
19 42. To stay in business and remain relevant in the marketplace, Digital Will was forced
20 to transfer its games and apps to other publishers, which resulted in Digital Will incurring
21 significant additional costs and damage to its reputation. It further resulted in Digital Will losing
22 app development revenue, losing its best customer, preventing it from developing for Mac and iOS,
23 and being forced to retain counsel and needlessly incur legal fees and costs to resolve this issue
24 with Apple.
25 43. Apple’s false accusations caused Digital Will’s preexisting clients, partners, and
26 contractors, who relied on the false statements, to lose trust in Digital Will and revoke their
27 business. It created the appearance that Digital Will engaged in some unidentified impropriety.
28 Apple’s conduct caused Digital Will’s partners to lose trust in Digital Will, several of which ceased
BUCHALTER
A PROFES SION AL CORPORAT ION
LOS ANG ELES
6
COMPLAINT FOR DAMAGES Case No. 3:23-cv-04266___
BN 77955890v1
 Case 3:23-cv-04266 Document 1 Filed 08/21/23 Page 7 of 15

1 consulting with Digital Will on iOS app development. As a direct and proximate cause of Apple’s
2 actions and omissions described herein, Plaintiff has sustained damages in an amount of not less
3 than USD $765,000 to be determined at trial.
4 FIRST CLAIM FOR RELIEF
5 Breach of the Implied Covenant of Good Faith and Fair Dealing
6 44. Plaintiff incorporates by reference paragraphs 1 through 43 above as though fully
7 set forth herein.
8 45. In California, in every contract there exists an implied covenant of good faith and
9 fair dealing, which requires the parties to the contract to refrain from acts and omissions which may
10 foreseeably and unfairly deprive a party of the benefits of the bargain.
11 46. At the times relevant to the allegations in this Complaint, Plaintiff and Defendant
12 had in effect a written agreement (the DPLA), whereby Digital Will agreed to, among other things,
13 use Apple Software to develop its apps and distribute them via the Apple App Store and refrain
14 from committing any acts intended to interfere with any of the Apple Software or Services, or
15 Apple’s business practices, and Apple agreed to, among other things, allow Digital Will to so
16 develop, distribute, and monetize its games and apps.
17 47. Plaintiff has fully performed all conditions, covenants, and promises required of it
18 to be performed in accordance with the terms and conditions of the DPLA, except for those
19 conditions, covenants, and promises that Plaintiff was excused from performing due to Defendant’s
20 breaches.
21 48. Defendant has unfairly interfered with Plaintiff’s right to use Apple Software to
22 develop its apps, and distribute and monetize them, via the Apple App Store by (1) falsely accusing
23 Digital Will of engaging in “dishonest or fraudulent activity,” associating with “terminated
24 developer accounts or accounts pending termination,” participating in “a pattern of manipulative or
25 misleading behavior,” and directly violating the terms of the DPLA when Apple knew those
26 accusations were false; (2) failing and refusing to provide Digital Will with any facts, details,
27 documents, or information to substantiate Defendant’s allegations in response to Digital Will’s
28 multiple requests; (3) deceptively and unfairly characterizing Digital Will’s requests for
BUCHALTER
A PROFES SION AL CORPORAT ION
LOS ANG ELES
7
COMPLAINT FOR DAMAGES Case No. 3:23-cv-04266___
BN 77955890v1
 Case 3:23-cv-04266 Document 1 Filed 08/21/23 Page 8 of 15

1 information from Apple as “appeals” to summarily determine Digital Will had exhausted Apple’s
2 termination appeal procedure; (4) abruptly and unilaterally terminating the DPLA and Digital
3 Will’s ADP membership without justification; and (5) unreasonably delaying in reinstating
4 Plaintiff’s ADP membership.
5 49. As a direct and proximate cause of Defendant’s wrongful conduct and omissions,
6 including, unfairly depriving Plaintiff of the benefits of its bargain. Plaintiff has been damaged, in
7 an amount of not less than USD $765,000 to be determined at trial
8 50. Plaintiff has been damaged, in an amount of not less than USD $765,000 to be
9 determined at trial.
10 SECOND CLAIM FOR RELIEF
11 Intentional Interference with Contractual Relations
12 51. Plaintiff incorporates by reference paragraphs 1 through 50 above as though fully
13 set forth herein.
14 52. At all times relevant to the allegations in this Complaint, Plaintiff had valid contracts
15 with its existing customers, partners, and contractors, including, but not limited to, Avex and
16 Spartan Race, Inc., whereby Plaintiff agreed to provide products and services, including, but not
17 limited to, games and app products, and software and app development, maintenance, consulting,
18 and other support services, and Plaintiff’s existing customers, partners, and contractors agreed to
19 pay Plaintiff for the respective products and services.
20 53. Defendant knew of the above referenced contracts between Plaintiff and its existing
21 customers, partners, and contractors. Indeed, upon information and belief, as Apple owns, controls,
22 and operates the App Store, at all times relevant to the allegations herein, Apple had access to
23 records and other data identifying the existence of Plaintiff’s customers that purchased Plaintiff’s
24 games and app products through Apple’s App Store, and Plaintiff had informed Defendant of the
25 existence of Plaintiff’s other customers, partners, and contractors with which Plaintiff had valid
26 contracts.
27 54. Defendant’s conduct prevented Plaintiff from performing under its contracts or
28 made performance thereunder more expensive or difficult. Indeed, Apple unilaterally and abruptly
BUCHALTER
A PROFES SION AL CORPORAT ION
LOS ANG ELES
8
COMPLAINT FOR DAMAGES Case No. 3:23-cv-04266___
BN 77955890v1
 Case 3:23-cv-04266 Document 1 Filed 08/21/23 Page 9 of 15

1 revoked Plaintiff’s ADP membership without justification, terminated the DPLA, prevented
2 Plaintiff from delivering its games and apps to existing customers through the App Store that
3 Plaintiff would have otherwise been able to continue monetizing, and disrupted its contracts with
4 its existing customers, partners, and contractors that prevented Plaintiff from providing them with
5 the products and services for which they contracted.
6 55. In engaging in the acts and omissions described herein, Defendant intended to
7 disrupt the performance of these contracts or knew that disruption of performance was certain or
8 substantially certain to occur. Apple dominates that app space and, when it provided Digital Will
9 with an ADP membership, was aware that Digital Will is a software developer whose business
10 model and revenue streams depend on access to the App Store, and the ability to use Apple software
11 under the DPLA.
12 56. Based on Apple’s stature as a world renowned technology company and trusted
13 consumer products and software manufacturer, it knows that, by labeling any of its developers as
14 “dishonest,” “fraudulent,” or “manipulative,” it is substantially certain to destroy the trust and
15 confidence of that developer’s customers and partners, and thus, the contracts upon which that trust
16 and confidence rely.
17 57. As a result of Defendant’s conduct, Plaintiff’s contracts with its customers, partners,
18 and contractors were disrupted. For example, without limitation, Plaintiff was expelled from the
19 App Store for at least five months. Avex terminated its monthly services agreement with Plaintiff
20 due to Apple’s false allegations that Plaintiff engaged in “dishonest and fraudulent acts.” Avex
21 further terminated its development of proprietary apps with Plaintiff. Spartan Race, Inc. terminated
22 its long-standing contract with Plaintiff.
23 58. As a direct and proximate result of Defendant’s conduct, Digital Will was harmed,
24 in ways including, but not limited to, lost revenue and other business losses, damage to its reputation
25 and goodwill, additional costs incurred for migrating to other game publishers to permit the games’
26 user base to continue using Digital Will’s games, additional labor costs, and legal fees and costs.
27 59. Defendant’s conduct was a substantial factor in causing Digital Will’s harm.
28
BUCHALTER
A PROFES SION AL CORPORAT ION
LOS ANG ELES
9
COMPLAINT FOR DAMAGES Case No. 3:23-cv-04266___
BN 77955890v1
 Case 3:23-cv-04266 Document 1 Filed 08/21/23 Page 10 of 15

1 60. Defendant’s actions as alleged herein were willful, wanton, malicious and
2 oppressive, and were undertaken with knowledge of their illegality, thus justifying an award of
3 exemplary and punitive damages in an amount to be determined at trial to punish and to serve as
4 an example to others to deter such conduct.
5 THIRD CLAIM FOR RELIEF
6 Intentional Interference with Prospective Economic Advantage
7 61. Plaintiff incorporates by reference paragraphs 1 through 60 above as though fully
8 set forth herein.
9 62. At all times relevant to the allegations in this Complaint, Plaintiff had economic
10 relationships with each of its customers, partners, and contractors that had resulted in, and probably
11 would have continued to result in, an economic benefit to Plaintiff.
12 63. Defendant knew of the business relationships Plaintiff had with its customers,
13 partners, and contractors, including, but not limited to, the customers and end users that download
14 and purchase Plaintiff’s apps through the Apple App Store, and Plaintiff’s partners and contractors,
15 including, but not limited to, Avex and Spartan Race, Inc., which were disrupted.
16 64. Defendant engaged in independently wrongful conduct, including, but not limited
17 to, (1) knowingly making false and misleading statements alleging that Digital Will purportedly
18 breached the DPLA, engaged in “dishonest or fraudulent activity,” associated with “terminated
19 developer accounts or accounts pending termination,” and participated in “a pattern of manipulative
20 or misleading behavior” of which Apple knew Digital Will’s customers, partners, and contractors
21 would be informed, and on which they reasonably relied to Digital Will’s detriment; (2)
22 intentionally interfering with Digital Will’s contracts as set forth above; (3) failing and refusing to
23 answer Digital Will’s requests for information to give Digital Will a full and fair opportunity to
24 resolve the purported issues; (4) refusing to allow Digital Will to meaningfully participate in
25 Apple’s “appeal” procedure; (5) terminating Digital Will’s ADP membership without justification;
26 and (6) unreasonably delaying in reinstating Plaintiff’s ADP membership. Defendant’s actions
27 were further wrongful and constituted unfair trade practices in violation of Business & Professions
28 Code Section 17200, et seq.
BUCHALTER
A PROFES SION AL CORPORAT ION
LOS ANG ELES
10
COMPLAINT FOR DAMAGES Case No. 3:23-cv-04266___
BN 77955890v1
 Case 3:23-cv-04266 Document 1 Filed 08/21/23 Page 11 of 15

1 65. By engaging in the above referenced conduct, Defendant intended to disrupt

2 Plaintiff’s business relationships with its customers, partners, and contractors, or knew that
3 disruption of those business relationships was certain or substantially certain to occur.
4 66. As a direct and proximate result of Defendant’s conduct, Digital Will’s business
5 relationships were disrupted and Digital Will was harmed, in ways including, but not limited to,
6 sustaining lost revenue and other business losses, damage to its reputation and goodwill, additional
7 costs incurred for migrating to other game publishers to permit the games’ user base to continue
8 using Digital Will’s games, additional labor costs, and legal fees and costs.
9 67. Defendant’s conduct was a substantial factor in causing Digital Will’s harm.
10 68. Defendant’s actions as alleged herein were willful, wanton, malicious and
11 oppressive, and were undertaken with knowledge of their illegality, thus justifying an award of
12 exemplary and punitive damages in an amount to be determined at trial to punish and to serve as
13 an example to others to deter such conduct.
14 FOURTH CLAIM FOR RELIEF
15 Negligent Interference with Prospective Economic Advantage
16 69. Plaintiff incorporates by reference paragraphs 1 through 68 above as though fully
17 set forth herein.
18 70. At all times relevant to the allegations in this Complaint, Plaintiff had economic
19 relationships with each of its customers, partners, and contractors that had resulted in, and probably
20 would have continued to result in, an economic benefit to Plaintiff.
21 71. Defendant knew or should have known of the business relationships Plaintiff had
22 with its customers, partners, and contractors, including, but not limited to, the customers and end
23 users that download and purchase Plaintiff’s apps through the Apple App Store, and Plaintiff’s
24 partners and contractors, including, but not limited to, Avex and Spartan Race, Inc., which were
25 disrupted. As a result of the DPLA between Plaintiff and Defendant, Plaintiff was the beneficiary
26 to the agreement with Defendant, and a special relationship between the parties existed such that
27 Defendant owed Plaintiff a duty to act with reasonable care.
28
BUCHALTER
A PROFES SION AL CORPORAT ION
LOS ANG ELES
11
COMPLAINT FOR DAMAGES Case No. 3:23-cv-04266___
BN 77955890v1
 Case 3:23-cv-04266 Document 1 Filed 08/21/23 Page 12 of 15

1 72. Defendant knew or should have known that these relationships would have been
2 disrupted if Defendant failed to act with reasonable care.
3 73. Defendant failed to act with reasonable care by engaging in the conduct described
4 herein.
5 74. Defendant engaged in independently wrongful conduct, including, but not limited
6 to, (1) knowingly making false and misleading statements alleging that Digital Will purportedly
7 breached the DPLA, engaged in “dishonest or fraudulent activity,” associated with “terminated
8 developer accounts or accounts pending termination,” and participated in “a pattern of manipulative
9 or misleading behavior” of which Apple knew Digital Will’s customers, partners, and contractors
10 would be informed, and on which they reasonably relied to Digital Will’s detriment; (2)
11 intentionally interfering with Digital Will’s contracts as set forth above; (3) failing and refusing to
12 answer Digital Will’s requests for information to give Digital Will a full and fair opportunity to
13 resolve the purported issues; (4) refusing to allow Digital Will to meaningfully participate in
14 Apple’s “appeal” procedure; (5) terminating Digital Will’s ADP membership without justification;
15 and (6) unreasonably delaying in reinstating Plaintiff’s ADP membership. Defendant’s actions
16 were further wrongful and constituted unfair trade practices in violation of Business & Professions
17 Code Section 17200, et seq.
18 75. As a direct and proximate result of Defendant’s conduct, Digital Will’s business
19 relationships were disrupted and Digital Will was harmed, in ways including, but not limited to,
20 sustaining lost revenue and other business losses, damage to its reputation and goodwill, additional
21 costs incurred for migrating to other game publishers to permit the games’ user base to continue
22 using Digital Will’s games, additional labor costs, and legal fees and costs.
23 76. Defendant’s conduct was a substantial factor in causing Digital Will’s harm.
24 FIFTH CLAIM FOR RELIEF
25 Violations of Cal. Bus. & Prof. Code § 17200, et seq.
26 77. Plaintiff incorporates by reference paragraphs 1 through 76 above as though fully
27 set forth herein.
28
BUCHALTER
A PROFES SION AL CORPORAT ION
LOS ANG ELES
12
COMPLAINT FOR DAMAGES Case No. 3:23-cv-04266___
BN 77955890v1
 Case 3:23-cv-04266 Document 1 Filed 08/21/23 Page 13 of 15

1 78. California Business & Professions Code Section 17200, et seq., prohibits Defendant
2 from engaging in unlawful, unfair, or fraudulent business practices (“Unfair Competition Law”).
3 Defendant’s conduct, as further set forth above, constitutes unlawful or unfair acts prohibited by
4 California Unfair Competition Law.
5 79. Plaintiff has suffered injury in fact and has sustained lost revenue, other business
6 losses, and damage to its reputation and goodwill, and has incurred additional costs for migrating
7 to other game publishers, additional costs for labor, and legal fees and costs as a result of
8 Defendant’s unlawful or unfair business acts or practices.
9 80. As a direct and proximate result of Defendant’s unlawful or unfair business acts,
10 Defendant has been unjustly enriched and has reaped unfair benefits at the expense of Plaintiff,
11 which include, but may not be limited to, revenues relating to games and apps developed by Digital
12 Will, Mac or iOS products affiliated with or serviced by Digital Will, and other remuneration and
13 economic benefits to Apple that belong to Digital Will. Therefore, Plaintiff is entitled to an order
14 of restitution requiring Defendant to restore to Plaintiff all sums that Defendant has acquired or
15 otherwise realized by means of its unlawful, unfair, or fraudulent business practices. Pursuant to
16 California Business & Professions Code Section 17205, all such remedies are cumulative to the
17 relief available under all other laws.
18 ///
19 ///
20 ///
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
BUCHALTER
A PROFES SION AL CORPORAT ION
LOS ANG ELES
13
COMPLAINT FOR DAMAGES Case No. 3:23-cv-04266___
BN 77955890v1
 Case 3:23-cv-04266 Document 1 Filed 08/21/23 Page 14 of 15

1 PRAYER FOR RELIEF

2 WHEREFORE, Plaintiff prays for relief against Defendant as follows:
3 1. For an award of compensatory and consequential damages in an amount to be
4 proven at the time of trial or entry of judgment, but not less than USD $765,000,
5 plus accrued and accruing interest;
6 2. For an award of exemplary and punitive damages against Defendant to be proven at
7 trial;
8 3. For attorneys’ fees and costs of suit incurred herein; and
9 4. For such other and further relief as the Court may deem just and proper.
10

11 DATED: August 21, 2023 BUCHALTER

A Professional Corporation
12

13
By:
14 WILLMORE F. HOLBROW III
GABRIEL GREEN
15 MICHAEL J. WORTH
Attorneys for Plaintiff
16 DIGITAL WILL INC., a Japanese corporation
17

18

19

20

21

22

23

24

25

26

27

28
BUCHALTER
A PROFES SION AL CORPORAT ION
LOS ANG ELES
14
COMPLAINT FOR DAMAGES Case No. 3:23-cv-04266___
BN 77955890v1
 Case 3:23-cv-04266 Document 1 Filed 08/21/23 Page 15 of 15

1 DEMAND FOR JURY TRIAL

2 Pursuant to Federal Rule of Civil Procedure 38, Plaintiff Digital Will Inc. hereby demands
3 a trial by jury on all issues so triable.
4

5 DATED: August 21, 2023 BUCHALTER

A Professional Corporation
6

7
By:
8 WILLMORE F. HOLBROW III
GABRIEL GREEN
9 MICHAEL J. WORTH
Attorneys for Plaintiff
10 DIGITAL WILL INC., a Japanese corporation
11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28
BUCHALTER
A PROFES SION AL CORPORAT ION
LOS ANG ELES
15
COMPLAINT FOR DAMAGES Case No. 3:23-cv-04266___
BN 77955890v1
 Case 3:23-cv-04266 Document 1-1 Filed 08/21/23 Page 1 of 2

(SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

(Firm Name, Address, and Telephone Number) (If Known)

(Place an “X” in One Box Only) (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)

or
(U.S. Government Not a Party)
and
(Indicate Citizenship of Parties in Item III)

(Place an “X” in One Box Only)

(Place an “X” in One Box Only)

(specify)

(Do not cite jurisdictional statutes unless diversity)

(See instructions):
Case 3:23-cv-04266 Document 1-1 Filed 08/21/23 Page 2 of 2