Case 1:21-cv-00824 Document 1 Filed 08/25/21 Page 26 of 71
Angry Birds Mission Flock Pack by Jazwares touts the Angry Birds Explore Logo which allows one to “Scan With App For Preview” which “Unlocks Exclusive Game Inside.”25
Angry Birds Transformers Telepods: Autobird Jazz Bird vs. Deceptihog Brawl Pig by Hasbro allows one to “teleport your bird and pig into the Angry Birds Transformers app. Just put one of them on the base and put the base on your device (sold separately) and scan it into the app. Now you can play as that converting pig or bird!”26
57.
The child-directed nature of the Angry Birds Gaming Apps is readily apparent both
from the appearance and content of the apps themselves and from the exensive merchandise licensing that Rovio has done to capitalize on the apps’ popularity with children. However, Rovio’s own words belie Rovio’s knowledge of the child-directed nature of the Gaming Apps. On its website, under a heading titled “Rovio for Parents,” Rovio states: Kids love playing our games! We strive to create fun and engaging games that people of all ages can enjoy, and we’re totally jazzed that so many young kids gravitate towards our titles. Thank you parents for allowing your children to enjoy our games!27 58.
It is beyond dispute that Rovio knows that the primary audience for the Angry Birds
Gaming Apps is children. Yet Defendant harvests children’s Personal Information from the child-
Toywiz.com, Angry Birds Mission Flock Pack – Leonard and Red, https://toywiz.com/angrybirds-mission-flock-pack-leonard-red-figure-2-pack/ (last accessed July 30, 2021) 26 Amazon.com, Hasbro, Angry Birds Transformers Telepods Autobird Jazz Bird vs. Deceptihog Brawl Pig Figure 2-Pack [Deceptihogs Revenge], https://www.amazon.com/HasbroTransformers-Telepods-Deceptihog-Deceptihogs/dp/B00TOX44K6/ (last accessed July 30, 2021) 27 Rovio, How Can I Stop My Child From Making In-App Purchases Without Permission?, (2018) available at https://info.rovio.com/hc/en-us/articles/360000982888-For-Apple-iOS- (for Apple iOS devices); https://info.rovio.com/hc/en-us/articles/360000982868-For-Google-PlayAndroid (for Google Play Android devices); https://info.rovio.com/hc/enus/articles/360000972707-For-Amazon-Android- (for Amazon Android devices) (last accessed July 30, 2021). 25
25
