Owner GameFly, Inc. a Delaware corporation and GameFly Digital, Inc. a Delaware corporation

Service Spruson & Ferguson

Various Convention priority claimed: 3 September 2004, United States of America, No. 78/478911 in respect of COMPUTER SOFTWARE; DOWNLOADABLE COMPUTER VIDEO GAMES, MOTION PICTURES AND MUSIC in Class 9, No. 78/478907 in respect of COMPUTERIZED VIDEO GAMES, MOTION P

Filing Date 3 March 2005

Class 9 Computer software; downloadable computer video games, motion pictures and music; electronic games; computer games; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; calculating machines, data processing equipment and computers; computer hardware and peripherals; user manuals and instructional books sold as a unit therewith; and user manuals and instructional books in electronic form

Class 28 Computerised video games, motion pictures and music; games; playthings; toys; sports equipment

Class 35 Online retail store services via a global computer network featuring downloadable computer video games, motion pictures and music; retail sales of computer video games, motion pictures and music; online retail store services via a global computer network featuring a wide variety of products including clothing, shoes, accessories, gifts, paper products, calendars, jewellery, personal items, office items, cosmetics, books, backpacks, compact discs, digital video discs, audio and video tapes and discs, computer hardware, computer software, computer peripherals, computer games, entertainment-related materials, and educational materials; dissemination of advertising for others via a global computer network; online auction services conducted via a global computer network; advertising; auctioneering; negotiation and settlement of commercial transactions for third parties; publicity services; office functions; arranging, organising and conducting exhibitions and events featuring a variety of activities for promotional purposes; providing online directories for obtaining data on a wide variety of topics and fields of general interest, via a global computer network; arranging, organising and conducting promotional conferences and seminars featuring a wide variety of activities for entertainment, educational and cultural purposes

Class 38 Online transmission of data, documents, video entertainment, including computer games, motion pictures and music; streaming video materials on the Internet; video on demand transmission services; webcasting services; providing online chat rooms for transmission of messages among computer users concerning a wide variety of topics and fields, via a global computer network providing online electronic bulletin boards for transmission of messages among computer users concerning a wide variety of topics and fields, via a global computer network; electronic transmission of data and documents via a global computer network; electronic mail services; telecommunications services; collection and supply of news; provision of access to data networks, including to the Internet, to Internet forums, the worldwide web and to server services; providing access to computer programs over the Internet; providing access to databases; providing online news, information and audio, video, text and other multimedia content, via a global computer network, on a wide variety of topics and fields of general interest; providing multiple-user access to a global computer network for the transfer and dissemination of a wide range of information and services, and for accessing third party and proprietary web sites; linking and aggregating content from the web sites of others regarding a wide variety of topics and fields, via a global computer network

Class 41 Entertainment services featuring online computer games, motion pictures and music; providing online information via the global computer network about computer video games, motion pictures and music; rental of video games, motion pictures and music; electronic publishing services online of the computer video gamer, motion pictures and music of others; entertainment services; educational services; providing online news, information and audio, video, text and other multimedia content, via a global computer network, concerning music, motion pictures, sports, games, cultural events, radio, television, videos, literature, theatre, education and entertainment; arranging, organising and conducting conferences and seminars featuring a wide variety of activities for entertainment, educational and cultural purposes; arranging, organising and conducting exhibitions and events featuring a variety of activities for entertainment, educational and cultural purposes; entertainment in the nature of contests, competitions and game; entertainment; providing online magazines, newsletters, books and other publications concerning a wide variety of topics and fields of general interest, via a global computer network; online news and information via the Internet concerning computer video games, motion pictures and music

Class 42 Non-downloadable computer software featuring video games, motion pictures and music; providing databases and search engines for obtaining data on a wide variety of topics and fields of general interest, via a global computer network; hosting web sites of others on a computer server for a global computer network; designing, creating, customising, implementing and maintaining web sites for others; global computer network and electronic network consulting and management services; hiring out access time to databases; updating computer software; developing computer software; computer programming; providing online news, information and audio, video, text and other multimedia content, via a global computer network, concerning fashion, health and religion