Case 1:24-cv-00082-JJM-LDADocument 1Filed 02/26/24Page 7 of 41 PageID #: 7
with a principal office in this District. See also R.I. Gen. Laws § 7-16-4 (“Each [Rhode Island] limited liability company has the power … [t]o sue, be sued, complain and defend in its name in all courts.”). Tropic Haze engages in systematic and continuous activity in the State of Rhode Island and is thus “at home” in this District.
18. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b)(1), (c)(2), and/or 28 U.S.C. § 1400(a) because Defendant is an entity with the capacity to be sued in its common name under applicable law and is subject to personal jurisdiction in this District. See supra, ¶ 17.
THE PARTIES
19. Nintendo of America Inc. (“Nintendo of America Inc.” or “Plaintiff”) is a Washington corporation headquartered in Redmond, Washington. Nintendo of America Inc. is a wholly-owned subsidiary of Nintendo Co., Ltd., a Japanese company headquartered in Kyoto, Japan. Nintendo of America Inc. is responsible for the marketing and sale of Nintendo’s products, and the enforcement of Nintendo’s intellectual property rights, in the United States. Nintendo Co., Ltd. develops, and Nintendo of America Inc. markets and distributes, electronic video game consoles, games, and accessories. Collectively, Nintendo of America Inc. and Nintendo Co., Ltd. are referred to herein as “Nintendo.”
20. Defendant Tropic Haze LLC is a Rhode Island limited liability company that develops and distributes the emulator known as “Yuzu.” Defendant maintains a network of paid coders/developers who develop and maintain the software, including compiling and releasing weekly (and sometimes daily) updates to improve the software’s ability to replicate the gameplay experience on Nintendo’s authorized hardware and software. These developers are Defendant’s agents and, on information and belief, are acting within the scope of their agency when committing the acts discussed herein, making Defendant liable for their unlawful conduct. Indeed, the very object of Defendant’s business is to develop and distribute unlawful circumvention software. On information and belief, decisions regarding the development of
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