Case 4:22-cv-00651-HSG Document 1 Filed 02/01/22 Page 1 of 28
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`JONATHAN H. BLAVIN (State Bar No. 230269)
`jonathan.blavin@mto.com
`NICHOLAS D. FRAM (State Bar No. 288293)
`Nicholas.Fram@mto.com
`MICA L. MOORE (State Bar No. 321473)
`Mica.Moore@mto.com
`MUNGER, TOLLES & OLSON LLP
`560 Mission Street
`Twenty-Seventh Floor
`San Francisco, California 94105-2907
`Telephone:
`(415) 512-4000
`Facsimile:
`(415) 512-4077
`
`Attorneys for LinkedIn Corporation
`
`
`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`LinkedIn Corporation,
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`Plaintiff,
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`Mantheos Pte. Ltd., Jeremiah Tang, Yuxi
`Chew, and Stan Kosyakov
`
`
`vs.
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`Defendants.
`
`
`
` Case No.
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`COMPLAINT FOR:
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`(1) BREACH OF CONTRACT;
`(2) FRAUD AND DECEIT (CAL. CIV.
`CODE §§ 1572, 1710);
`(3) VIOLATION OF THE LANHAM
`ACT, 15 U.S.C. § 1125(C);
`(4) MISAPPROPRIATION
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`DEMAND FOR JURY TRIAL
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`COMPLAINT
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`Case 4:22-cv-00651-HSG Document 1 Filed 02/01/22 Page 2 of 28
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`Plaintiff LinkedIn Corporation (“LinkedIn” or “Plaintiff”), by and through its attorneys,
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`brings this Complaint against Mantheos Pte. Ltd. (“Mantheos”), Jeremiah Tang, Yuxi Chew, and
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`Stan Kosyakov (collectively, “Defendants”) for injunctive relief and damages. LinkedIn alleges as
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`follows:
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`1.
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`LinkedIn is a global online social network with a professional focus. LinkedIn has
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`nearly 800 million members in over 200 countries and territories around the globe. Its mission is
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`to connect the world’s professionals to make them more productive and successful. Through its
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`proprietary platform, LinkedIn allows its members to create, manage, and share their professional
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`histories and interests online.
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`2.
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`At the heart of LinkedIn’s platform are its members. Members create profiles on
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`LinkedIn’s platform, which serve as their professional online identities. Members share their
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`information on LinkedIn’s platform in order to network with, and to be found by, other
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`professionals on LinkedIn. When a member posts an educational experience on her profile, crafts
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`a narrative description of her skills, or makes a new connection, the member does so for these
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`particular purposes.
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`3.
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`In order to protect the data that LinkedIn’s members entrust to it, LinkedIn’s User
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`Agreement prohibits data “scraping”: the accessing, extraction, and copying of data by automated
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`bots on a large scale. LinkedIn also has invested significant technical and human resources to
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`detect, limit, and block data scraping. These measures are designed to ensure that LinkedIn’s
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`website is used for its intended purpose of facilitating meaningful professional connections and to
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`protect members’ expectations that their data will be used specifically for that purpose.
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`4.
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`It is important that LinkedIn members have control over the information that they
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`choose to publish about themselves. People and careers evolve, and the information and
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`vocabulary that people use to describe themselves and their experiences evolve as well. It is
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`Case 4:22-cv-00651-HSG Document 1 Filed 02/01/22 Page 3 of 28
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`therefore critical that members are able to control their information and how they describe
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`themselves. That is why when members delete information from LinkedIn, LinkedIn deletes it too.
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`5.
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`Defendants’ entire business model is premised on scraping data from LinkedIn’s
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`website. Notwithstanding the conditions in LinkedIn’s User Agreement prohibiting data scraping,
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`to which Defendants consented on multiple occasions, Defendants use an extensive network of
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`fake LinkedIn accounts to gain access to areas of LinkedIn’s platform that are accessible only to
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`real, logged-in LinkedIn members. Defendants have then used those fake accounts to scrape
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`millions of member profiles in automated fashion, including profile data that is only available for
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`viewing by other LinkedIn members who have logged in to their accounts. Defendants sell to their
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`customers on-demand scraping of more than two dozen LinkedIn member data fields, including
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`members’ work experience, education, skills, titles, posts, comments, and reactions to the posts of
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`others.
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`6.
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`Defendants are not shy about their illegal conduct. Defendants advertise their data
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`scraping service extensively on their website, and openly refer to LinkedIn’s website as a “Gold
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`Mine” for personal information. Indeed, it appears the only service Defendants provide is scraping
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`LinkedIn members’ data. Defendants sell that service to all who are willing to pay for it,
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`undermining LinkedIn’s members’ privacy and control over their information. Defendants have
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`also included LinkedIn’s trademarks in materials marketing Mantheos’s scraping service to the
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`public, without LinkedIn’s consent, thereby associating LinkedIn’s services with their illicit
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`activity.
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`7.
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`Once Defendants have scraped LinkedIn members’ data, the data can end up in any
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`number of databases and may be used for any purpose. Further, once scraped, neither LinkedIn
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`nor its members can prevent Defendants or their customers from using that data to send spam,
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`Case 4:22-cv-00651-HSG Document 1 Filed 02/01/22 Page 4 of 28
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`from selling or inadvertently exposing member data to scammers, or from combining data with
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`other data to create extensive private databases, among other activities.1
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`8.
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`Defendants have also defrauded LinkedIn by hundreds of thousands of dollars
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`through their fake accounts. As part of their scheme, Defendants use fake accounts to enroll in
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`subscriptions for LinkedIn’s Sales Navigator. Sales Navigator is a paid subscription service that
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`provides sales professionals with services that promote quick identification and creation of new
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`customer leads and sales opportunities, in addition to helping professionals stay current about their
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`existing connections and key accounts. These services include advanced search capabilities.
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`LinkedIn offers legitimate members one month of free Sales Navigator service prior to the
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`commencement of a paid subscription. Defendants circumvent this limitation by signing up for
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`Sales Navigator subscriptions, typically through fake accounts using prepaid virtual debit card
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`numbers, and then using Sales Navigator to scrape members’ profile data during the free period.
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`When LinkedIn attempts to charge the accounts for the following month of Sales Navigator service
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`after the conclusion of the free month, the associated cards are declined, and LinkedIn is never
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`paid. Defendants then continue using Sales Navigator to scrape members’ data, without paying,
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`until LinkedIn cuts off access, at which point Defendants sign up for new Sales Navigator
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`subscriptions through different fake accounts.
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`9.
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`Defendants have committed unlawful acts of breach of contract, fraud and deceit,
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`and misappropriation, and their conduct violates the Lanham Act’s prohibitions of trademark
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`dilution by disparagement, 15 U.S.C. § 1125(c) et seq.
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`10.
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`Defendants’ unlawful conduct has harmed and threatens the LinkedIn platform in
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`several ways. First, their actions violate the trust that LinkedIn members place in the company to
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`1 See, e.g., https://www.wired.com/story/clearview-ai-new-tools-identify-you-photos/ (noting that
`Clearview AI “has scraped 10 billion photos” from websites) (last accessed Feb. 1, 2022).
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`Case 4:22-cv-00651-HSG Document 1 Filed 02/01/22 Page 5 of 28
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`protect their information. Defendants sell LinkedIn members’ personal data to third parties for
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`profit, depriving members of control over their personal data, and magnifying the harms that
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`LinkedIn has suffered. Defendants have also defrauded LinkedIn out of hundreds of thousands of
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`dollars in revenue that they were properly charged for after their free trials concluded, but that they
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`did not pay. Defendants’ unauthorized scraping has also forced LinkedIn to expend time and
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`resources investigating and responding to their misconduct, including by locating and investigating
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`the unauthorized activities of the hundreds of fake accounts that Defendants have used on
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`LinkedIn’s platform. Finally, Defendants’ association of its scraping activities with LinkedIn’s
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`trademarks in its marketing materials tarnishes LinkedIn’s brand.
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`11.
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`Defendants’ activities, if not enjoined, threaten ongoing and irreparable harm to
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`LinkedIn, including to its reputation and substantial consumer goodwill. LinkedIn brings this
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`lawsuit to stop Defendants’ conduct, which harms LinkedIn’s members and harms LinkedIn by
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`eroding the trust that lies at the core of LinkedIn’s relationship with its members. LinkedIn is also
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`entitled to actual damages and exemplary damages as a result of Defendants’ misconduct.
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`JURISDICTION AND VENUE
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`12.
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`This Court has federal question jurisdiction over this action under 28 U.S.C.
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`§§ 1331 and 1338 because this action alleges violations of the Lanham Act, 15 U.S.C. § 1051 et
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`seq. The Court has supplemental jurisdiction over LinkedIn’s state law claims under 28 U.S.C.
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`§ 1367, because they arise out of the same nucleus of operative facts as the claims based on federal
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`law.
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`13.
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`This Court also has diversity jurisdiction over this action under 28 U.S.C. § 1332.
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`Plaintiff is a citizen of Delaware and California. Upon information and belief, Defendants are
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`citizens of Singapore and Germany. The amount in controversy exceeds $75,000.
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`Case 4:22-cv-00651-HSG Document 1 Filed 02/01/22 Page 6 of 28
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`14.
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`Venue is proper in this Court because Defendants contractually consented to venue
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`in this District. Defendants have consented to LinkedIn’s User Agreement,2 which contains a
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`forum selection clause selecting this judicial district for resolution of all disputes between the
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`parties.
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`15.
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`Venue is also proper because Defendant Mantheos has consented to LinkedIn’s
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`terms for Pages (the “Pages Agreement”3), which apply to all members and organizations who
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`maintain a Company Page on LinkedIn’s website. The Pages Agreement also contains a forum
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`selection clause selecting this judicial district for resolution of all disputes between the parties.
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`16.
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`During all relevant times, Defendants have repeatedly, knowingly, and intentionally
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`targeted their wrongful acts at LinkedIn, which is headquartered in this judicial district. In
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`addition, Defendants have consented to personal jurisdiction in this judicial district by consenting
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`to the forum selection clauses in LinkedIn’s User Agreement and Pages Agreement.
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`INTRADISTRICT ASSIGNMENT
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`17.
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`This case is an intellectual property action, to be assigned on a districtwide basis per
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`Civil Local Rule 3-2(c).
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`THE PARTIES
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`18.
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`LinkedIn Corporation is a Delaware corporation with its principal place of business
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`in Sunnyvale, California.
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`19.
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`Defendant Mantheos is a company incorporated under the laws of Singapore in May
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`2020. Mantheos’s principal place of business is in Singapore.
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`20.
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`Defendant Jeremiah Tang is one of Mantheos’s founders. On information and
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`belief, he is a national of Singapore, where he resides. Tang registered his LinkedIn account on
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`2 https://www.linkedin.com/legal/user-agreement (last visited Feb. 1, 2022).
`3 https://legal.linkedin.com/linkedin-pages-terms (last visited Feb. 1, 2022).
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`COMPLAINT
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`Case 4:22-cv-00651-HSG Document 1 Filed 02/01/22 Page 7 of 28
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`August 2, 2016. He is responsible in whole or in part for the wrongdoing alleged herein, and in his
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`capacity as a principal of Mantheos.
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`21.
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`Defendant Yuxi Chew is one of Mantheos’s founders. On information and belief,
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`he is a national of Singapore, where he resides. Chew registered his LinkedIn account on July 11,
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`2017. He is responsible in whole or in part for the wrongdoing alleged herein, and in his capacity
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`as a principal of Mantheos.
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`22.
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`Defendant Stan Kosyakov is one of Mantheos’s founders. On information and
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`belief, he is a national of Germany who resides in Singapore. Kosyakov registered his LinkedIn
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`account on June 2, 2016. He is responsible in whole or in part for the wrongdoing alleged herein,
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`and in his capacity as a principal of Mantheos.
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`23.
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`LinkedIn reserves the right to amend its complaint should discovery reveal that
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`Defendants are working in concert with one or more people or entities.
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`FACTS
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`The LinkedIn Network
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`24.
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`LinkedIn is a global online social network with a professional focus and nearly 800
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`million members worldwide. LinkedIn’s mission is to connect the world’s professionals to make
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`them more productive and successful.
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`25.
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`Through its proprietary platform, LinkedIn members are able to create, manage, and
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`share their professional identities online, build and engage with their professional network, access
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`shared knowledge and insights, and find business opportunities, enabling them to be more
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`productive and successful. LinkedIn’s broader vision is to create economic opportunity for every
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`member of the global workforce.
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`26.
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`At the heart of LinkedIn’s platform are its members, who create individual profiles
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`that serve as their professional profiles online. LinkedIn is available at no cost to anyone who
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`Case 4:22-cv-00651-HSG Document 1 Filed 02/01/22 Page 8 of 28
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`wants to join and who consents to the terms of LinkedIn’s User Agreement, Privacy Policy, and
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`Cookie Policy.
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`27.
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`LinkedIn members populate their profiles with a wide range of information
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`concerning their professional lives, including summaries (narratives about themselves), job
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`histories, skills, interests, educational background, professional awards, photographs, and other
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`information. Members may customize their profile settings to limit how much of their profile
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`information is accessible to users who are not logged-in to LinkedIn. Further, members may even
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`decide to prevent their profiles from appearing at all in public search engine results.4
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`28.
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`The privacy choices that LinkedIn offers its members are critical to their decisions to
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`entrust information to LinkedIn and to LinkedIn’s platform. In its Privacy Policy, LinkedIn sets
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`limits regarding what LinkedIn can and cannot do with member data. The Privacy Policy also
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`promises that if a member decides that he or she wants to delete his or her profile, LinkedIn will
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`permanently delete the account and all of the data that the member posted to LinkedIn within 30
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`days. LinkedIn thus ensures that members have ultimate control over their information, by giving
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`members the ability to customize how much information is available and to whom, and the ability
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`to remove their information entirely from LinkedIn’s platform if they so decide.
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`29.
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`LinkedIn has invested and plans to continue to invest substantial time, labor, skill,
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`and financial resources into the development and maintenance of the LinkedIn site and platform.
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`30.
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`LinkedIn is the owner of several registered trademarks in graphic logos that it uses
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`to advertise, market, and promote the LinkedIn brand.
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`31.
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`LinkedIn is the owner of the following marks in International Class 9:
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`U.S. Registration No. 4,023,512 for LINKEDIN
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`4 See https://www.linkedin.com/help/linkedin/answer/83 (last visited Feb. 1, 2022).
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`U.S. Registration No. 3,971,642 for
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`U.S. Registration No. 4,023,511 for
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`U.S. Registration No. 4,023,513 for
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`(collectively, the “Class 9 Marks”) in connection with “Computer software for the collection,
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`editing, organizing, modifying, bookmarking, transmission, storage and sharing of data and
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`information in the fields of business and social networking, employment, careers and recruiting;
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`downloadable electronic publications in the nature of newsletters, research reports, articles and
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`white papers on topics of professional interest, all in the fields of business and social networking,
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`recruiting and employment, and personal and career development; computer software development
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`tools for business and social networking; computer software that provides web-based access to
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`applications and services through a web-operating system or portal interface” in International Class
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`9.
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`32.
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`LinkedIn has used the Class 9 Marks in interstate commerce in connection with the
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`registered goods continuously since at least as early as April 30, 2007. A copy of the Certificates
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`of Registration for the Class 9 Marks is attached as Exhibit A. The registrations for the Class 9
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`Marks are valid, subsisting and incontestable pursuant to Section 15 of the Lanham Act, 15 U.S.C.
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`§ 1065. LinkedIn’s use and registration of the Class 9 Marks predate Defendants’ unauthorized
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`use of LinkedIn’s mark. Accordingly, LinkedIn has priority of rights in the Class 9 Marks.
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`33.
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`LinkedIn is the owner of the following marks in International Class 35:
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`U.S. Registration No. 3,963,244 for LINKEDIN
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`U.S. Registration No. 3,959,413 for
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`U.S. Registration No. 3,959,419 for
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`U.S. Registration No. 3,959,420 for
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`(collectively, the “Class 35 Marks”) in connection with “Advertising and marketing services,
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`namely, promoting goods and services for businesses; providing an online searchable database
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`featuring employment and career opportunities and business, employment and professional queries
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`and answers; job placement services, human resources consulting services; business research and
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`survey services; promoting the goods and services of others via a global computer network;
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`advertising, marketing and promotional services related to all industries for the purpose of
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`facilitating networking and socializing opportunities for business purposes; charitable services,
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`namely, promoting public awareness about community service; providing online career networking
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`services and information in the fields of employment, recruitment, job resources, and job listings;
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`personnel recruitment and placement services; electronic commerce services, namely, providing
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`information about products and services via telecommunication networks for advertising and sales
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`purposes; providing networking opportunities for individuals seeking employment; on-line
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`professional networking opportunities; providing online computer databases and online searchable
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`databases in the fields of business and professional networking” in International Class 35.
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`34.
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`LinkedIn has used the Class 35 Marks in interstate commerce in connection with
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`the registered services continuously since at least as early as July 31, 2008. A copy of the
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`Certificates of Registration for the Class 35 Marks is attached as Exhibit B. The registrations for
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`the Class 35 Marks are valid, subsisting and incontestable pursuant to Section 15 of the Lanham
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`Act, 15 U.S.C. § 1065. LinkedIn’s use and registration of the Class 35 Marks predates
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`Defendants’ unauthorized use of LinkedIn’s mark. Accordingly, LinkedIn has priority of rights in
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`the Class 35 Marks.
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`35.
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`LinkedIn is the owner of the following marks in International Class 42:
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`U.S. Registration No. 3,967,561 for LINKEDIN
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`U.S. Registration No. 3,979,174 for
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`U.S. Registration No. 3,971,641 for
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`U.S. Registration No. 3,971,640 for
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`(collectively, the “Class 42 Marks”) in connection with “Computer services, namely, hosting
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`electronic facilities for others for organizing and conducting meetings, events and interactive
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`discussions via the Internet; computer services, namely, creating an on-line community for
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`registered users to organize groups, events, participate in discussions, share information and
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`resources, and engage in social, business and community networking; providing temporary use of
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`online non-downloadable software for allowing web site users to communicate information of
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`general interest for purposes of social, business and community networking, marketing,
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`recruitment and employment; providing a website featuring temporary use of non-downloadable
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`software enabling users to search, locate and communicate with others via electronic
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`communications networks to network, conduct surveys, track online reference to job opportunities
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`and business topics; computer services in the nature of customized web pages featuring user-
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`defined information, personal profiles, and images; scientific and industrial research in the fields of
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`business and online social networking; providing a web site featuring temporary use of non-
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`downloadable software allowing web site users to post and display online videos and photos for
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`sharing with others for entertainment purposes; computer services, namely, creating an online
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`community for registered users to participate in discussions, get feedback from their peers, form
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`virtual communities, and engage in social networking featuring social media including photos,
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`audio and video content on general topics of social interest” (or a substantially similar description)
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`in International Class 42.
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`36.
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`LinkedIn has used the Class 42 Marks in interstate commerce in connection with
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`the registered services continuously since at least as early as July 31, 2008. A copy of the
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`Certificates of Registration for the Class 42 Marks is attached as Exhibit C. The registrations for
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`the Class 42 Marks are valid, subsisting and incontestable pursuant to Section 15 of the Lanham
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`Act, 15 U.S.C. § 1065. LinkedIn’s use and registration of the Class 42 Marks predates
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`Defendants’ unauthorized use of LinkedIn’s mark. Accordingly, LinkedIn has priority of rights in
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`the Class 42 Marks.
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`37.
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`Collectively, the marks asserted in paragraphs 30 through 36 of this Complaint,
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`which are representative examples of LinkedIn’s trademark registrations, are referred to as the
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`“LinkedIn Marks.”
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`38.
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`As a result of LinkedIn’s substantial expenditure of time, labor, skill, and financial
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`resources into its platform, the LinkedIn Marks and LinkedIn’s goods and services have developed
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`substantial goodwill.
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`39.
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`The LinkedIn Marks have been distinctive and famous in the United States long
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`before the Defendants engaged in the illicit activity described below.
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`LinkedIn’s Prohibitions on Data Scraping and Other Unauthorized Conduct
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`40.
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`LinkedIn’s User Agreement5 prohibits scraping member data from LinkedIn’s
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`website through any means.
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`5 See https://www.linkedin.com/legal/user-agreement (last visited Feb. 1, 2022). Defendants also
`agreed to substantially similar terms at the time they signed up for their LinkedIn accounts.
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`41.
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`LinkedIn’s User Agreement explains that members, users, and visitors to the
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`LinkedIn website must abide by certain restrictions in accessing and using the website. The
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`current version of the User Agreement, effective August 11, 2020, to which all Defendants have
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`consented, states that “You agree that by clicking ‘Join Now’ ‘Join LinkedIn’, ‘Sign Up’ or
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`similar, registering, accessing or using our services …, you are entering into a legally binding
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`contract with LinkedIn (even if you are using our Services on behalf of a company).”
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`42.
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`Defendants Tang, Chew, and Kosyakov bound themselves to the User Agreement
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`when they created their individual member profiles on LinkedIn. As demonstrated by the
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`screenshot below, a prospective member registers for an account by providing a first name, last
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`name, email address, and password. By clicking “Join Now,” the prospective member “agree[s] to
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`LinkedIn’s User Agreement, Privacy Policy, and Cookie Policy,” all of which are hyperlinked on
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`the page.
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`43. Mantheos also has created and actively maintains a Company Page on LinkedIn,
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`which was initially created by Defendant Stan Kosyakov on May 9, 2020.6 In so doing, Kosyakov
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`checked a box stating that “I verify that I am the official representative of this company and have
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`the right to act on behalf of my company in the creation of this page. The organization and I agree
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`to the additional terms for Pages.”
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`44.
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`The Pages Agreement states that “the LinkedIn User Agreement, Privacy Policy,
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`and Cookie Policy apply to any use of our services,” and contains hyperlinks to the pertinent
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`documents.
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`45.
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`Section 8.2 of the User Agreement prohibits those who are bound to the agreement
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`from engaging in any of the following activities:
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`● “Creat[ing] a false identity on LinkedIn, misrepresent[ing] your identity, or creat[ing] a
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`Member profile for anyone other than yourself (a real person)”;
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`● “Us[ing] … automated software, devices, scripts robots, or any other means or processes …
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`to scrape the Services or otherwise copy profiles and other data from the Services”;
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`● “Copy[ing], us[ing], disclos[ing] or distribut[ing] any information obtained from the
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`Services … without the consent of LinkedIn”;
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`● “Disclos[ing] information that you do not have the consent to disclose”;
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`● “Violating the intellectual property or other rights of LinkedIn”;
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`● “Rent[ing], leas[ing], loan[ing], sell[ing]/re-sell[ing] or otherwise monetiz[ing] the Services
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`or related data or access to the same, without LinkedIn’s consent.”
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`6 Only LinkedIn members who have agreed to the LinkedIn User Agreement can create Company
`Pages.
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`46.
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`Section 8.2(18) of the User Agreement also prohibits members from “viola[ting] the
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`Professional Community Policies.” The policies provide, in relevant part:
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`Do not create a fake profile or falsify information about yourself. We don’t
`allow fake profiles or entities. Do not post misleading or deceptive information
`about yourself, your business … [d]o not use or attempt to use another person’s
`LinkedIn account or create a member profile for anyone other than yourself.
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`47.
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`LinkedIn also maintains a branding policy.7 The branding policy states that
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`LinkedIn “generally does not permit its members … to use its name, trademarks, logo, web pages,
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`screenshots, and other brand features” absent prior approval. The branding policy further explains
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`that certain requests, including requests to “[u]se our trademarks on promotional opportunities that
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`[members] are distributing or selling” or to “[u]se our trademarks in a way that implies affiliation
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`with or endorsement by LinkedIn of [members’] products or services” violate LinkedIn’s terms,
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`and therefore are never approved.
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`48.
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`For years, Defendants have been on notice of and agreed to abide by these and other
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`prohibitions in registering for and using LinkedIn’s services. As demonstrated below, Defendants
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`have engaged in a systematic pattern of conduct in violation and breach of these terms, causing
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`harm to LinkedIn.
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`49.
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`LinkedIn also works hard to protect the integrity and security of its platform.
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`Among other precautions, LinkedIn employs an array of technological safeguards and barriers
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`designed to prevent data scrapers, bots, and other automated systems from accessing and copying
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`its members’ data, including “logged-in” scraping (scraping of profile data available for viewing
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`only by other signed-in members). Specifically, LinkedIn has a dedicated team of engineers whose
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`full-time job is to detect and prevent scraping, and to maintain LinkedIn’s technical defenses. It
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`employs many different technical defenses that are constantly operating, including rate limiters, IP
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`7 https://brand.linkedin.com/policies (last visited Feb. 1, 2022).
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`address blocks, artificial intelligence models, and proprietary algorithms to detect and block
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`scraping from “logged-in” accounts.
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`50.
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`LinkedIn’s technical measures are vitally important to ensuring that the website is
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`available to and used by legitimate users, and that members feel safe sharing personal information
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`on LinkedIn’s platform. To that end, LinkedIn has used, and will continue to use, commercially
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`reasonable techniques for safeguarding the security of members’ data.
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`Defendants Launch a LinkedIn Data Scraping Service
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`51.
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`Defendants Tang, Chew, and Kosyakov have engaged in and continue to engage in
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`widespread scraping of LinkedIn’s data through Defendant Mantheos, causing harm to LinkedIn.
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`Mantheos’s entire business model revolves around selling data scraping capabilities to third
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`parties. It advertises on its website that it offers “LinkedIn profiles scraping that is fresh, accurate,
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`[and] scalable.”8 Its sole product is an application that enables users to scrape data from
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`LinkedIn’s logged-in environment in real-time. Mantheos’s website also provides documentation
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`for its application, which includes samples of computer code that Mantheos’s customers may use
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`to obtain full profile data for LinkedIn members, including information that members have chosen
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`to make available for viewing only by other legitimate, logged-in members. Defendants’ scraping
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`activities breach their contractual obligations to LinkedIn.
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`52.
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`Defendants openly admit to scraping LinkedIn members’ data. On its website,
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`Mantheos explains how its product compares favorably to other “LinkedIn Scraping Services,” in
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`part because it is “not limited to a pre-collected dataset” but allows customers to scrape data from
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`“all 500+ million people profiles and 50+ million company profiles on the website.”9 Marketing
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`8 https://www.mantheos.com/linkedin/ (last visited Feb. 1, 2022).
`9 https://www.mantheos.com/blog/top-5-linkedin-scraping-services/ (last visited Feb. 1, 2022).
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`materials authored by Defendant Tang, which prominently feature LinkedIn’s registered graphic
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`logo mark, refer to the “[p]ower” of scraping LinkedIn data in advertising Mantheos’s product:
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`Other marketing materials on Mantheos’s website refer to LinkedIn as a “Gold Mine” due
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`to its large member