Case 1:21-cv-00824 Document 1 Filed 08/25/21 Page 9 of 71
Canada, the United Kingdom, and China.6 Rovio targeted its Angry Birds Gaming Apps (and its data-exfiltrating software) at children it knew were located in New Mexico, knowingly exfiltrated the children’s data from devices located in New Mexico, injuring them in New Mexico. As detailed below, Rovio purposefully conducts business in New Mexico by affirmatively marketing Angry Birds Gaming Apps to children in New Mexico, purposefully and knowingly deploying dataexfiltrating software on children’s mobile devices in New Mexico and affirmatively exfiltrating children’s Personal Information from those devices in New Mexico. Since at least 2009, with the release of its first Angry Birds app, Rovio has engaged in the business of developing and publishing numerous Angry Birds Gaming Apps for children to download to devices located in New Mexico and has marketed these apps in New Mexico, including by working with U.S. advertisers, contracting with U.S. ad networks (as defined infra), embedding advertisers’ software into its apps, and integrating U.S. social media platforms into its apps. Rovio knowingly and purposefully has released its Angry Birds Gaming Apps, as well as its attendant merchandise based on those apps (including the numerous toys, children’s clothing, lunchboxes, etc. detailed below),7 its animated shows, and its feature length movies into the stream of commerce in the State of New Mexico, both through online and brick-and-mortar retailers (e.g. Burger King, Wal-Mart, Target, Best Buy etc.) located in New Mexico. In so doing, Defendant Rovio further partners with USbased toy companies (including but not limited to Hasbro and Mattel), media companies (including but not limited to Sony Pictures, Columbia Pictures, and YouTube), advertising companies (including but not limited to the advertising SDKs identified herein), fast food companies (including but not limited to Burger King), and retailers (including but not limited to Walmart, Target, and Amazon), in order to sell its products and services throughout the United States, generally, and in New Mexico, specifically.
6 7
https://investors.rovio.com/en/about-us/who-we-are (last accessed July 30, 2021). See Exhibit 2.
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