Vulcan Golf, LLC v. Google Inc. et al
Plaintiff sued Google and several "parked domain" companies for trademark infringement over the use of AdSense for Domains on websites with allegedly infringing domain names.
Additional Resources
- Google Sued in Domainer Lawsuit--Vulcan Golf v. Google
- . Technology & Marketing Law Blog
| Plaintiffs: | Vulcan Golf, LLC, John B. Sanfilippo & Son, Inc., Blitz Realty Group, Inc. and Vincent E Jackson |
|---|---|
| Defendants: | Google Inc., Oversee.Net, Sedo LLC, Dotster, Inc., Internet Reit, Inc. and John Does I-X |
| Case Number: | 1:2007cv03371 |
| Filed: | June 15, 2007 |
| Court: | Illinois Northern District Court |
| Office: | Chicago Office [ Court Info ] |
| County: | Cook |
| Presiding Judge: | Honorable Charles P. Kocoras |
| Nature of Suit: | Other Statutes - Racketeer Influenced and Corrupt Organizations |
| Cause: | 15:1051 Trademark Infringement |
| Jurisdiction: | Federal Question |
| Jury Demanded By: | Both |
| Amount Demanded: | $1,000,000.00 |
Available Case Documents
Some selected documents for this case are included below.
| Date Filed | # | Document Text |
|---|---|---|
| June 15, 2007 | 1 | COMPLAINT filed by Vulcan Golf, LLC; (Exhibits) Jury Demand.(mb, ) |
| June 15, 2007 | 2 | CIVIL Cover Sheet (mb, ) |
| June 15, 2007 | 3 | ATTORNEY Appearance for Plaintiff Vulcan Golf, LLC by Robert M. Foote (mb, ) |
| June 15, 2007 | 4 | ATTORNEY Appearance for Plaintiff Vulcan Golf, LLC by Stephen William Fung (mb, ) |
| June 15, 2007 | 5 | ATTORNEY Appearance for Plaintiff Vulcan Golf, LLC by Kathleen Currie Chavez (mb, ) |
| June 15, 2007 | 7 | SUMMONS Issued as to Defendants Internet Reit, Inc., Google Inc., Oversee.Net, Sedo LLC, Dotster, Inc. (mb, ) |
| June 25, 2007 | 8 | SUMMONS Returned Executed by Vulcan Golf, LLC as to Google Inc. on 6/20/2007, answer due 7/10/2007. (Foote, Robert) |
| July 3, 2007 | 9 | SUMMONS Returned Executed by Vulcan Golf, LLC as to Internet Reit, Inc. on 6/20/2007, answer due 7/10/2007. (Foote, Robert) |
| July 3, 2007 | 10 | SUMMONS Returned Executed by Vulcan Golf, LLC as to Sedo LLC on 6/27/2007, answer due 7/17/2007. (Foote, Robert) |
| July 6, 2007 | 11 | MINUTE entry before Judge Charles P. Kocoras :Status hearing set for 8/21/2007 at 09:30 AM. At the initial hearing, parties to report on the following: 1. Possibility of settlement. 2. If no possibility of settlement exists, the nature and length of discovery necessary to prepare the case for resolution. Plaintiff is directed to advise all other parties of the Court's action herein. Lead counsel for each party is required to attend the initial hearing.Mailed notice (sct, ) |
| July 10, 2007 | 12 | ATTORNEY Appearance for Defendant Google Inc. by Jonathan M. Cyrluk (Cyrluk, Jonathan) |
| July 10, 2007 | 13 | ATTORNEY Appearance for Defendant Google Inc. by Joseph J. Duffy (Duffy, Joseph) |
| July 10, 2007 | 14 | ATTORNEY Appearance for Defendant Google Inc. by Mariah E Moran (Moran, Mariah) |
| July 10, 2007 | 15 | MOTION by Defendant Google Inc. for extension of time to Answer or Otherwise Plead (Agreed) (Attachments: # 1 Exhibit A)(Moran, Mariah) |
| July 10, 2007 | 16 | NOTICE of Motion by Mariah E Moran for presentment of extension of time 15 before Honorable Charles P. Kocoras on 7/17/2007 at 09:30 AM. (Moran, Mariah) |
| July 13, 2007 | 17 | Amended NOTICE of Motion by Mariah E Moran for presentment of extension of time 15 before Honorable Charles P. Kocoras on 7/31/2007 at 09:30 AM. (Moran, Mariah) |
| July 11, 2007 | 18 | MOTION by Defendant Internet Reit, Inc. d/b/a Ireit, Inc's unopposed motion to extend time to respond to plaintiff's complaint (hp, ) |
| July 11, 2007 | 19 | ATTORNEY Appearance for Defendant Internet Reit, Inc. d/b/a Ireit, Inc., by Scott Ryan Wiehle (hp, ) |
| July 12, 2007 | 20 | NOTICE of Motion by Internet Reit, Inc. re Unopposed motion by Defendant Internet Reit, Inc., to respond to plaintifff's complaint 18 (hp, ) |
| July 16, 2007 | 21 | Internet Reit, Inc.'s Amended NOTICE of Motion by Scott Ryan Wiehle for presentment of motion for extension of time to file answer 18 before Honorable Charles P. Kocoras on 7/31/2007 at 09:30 AM. (Wiehle, Scott) |
| July 20, 2007 | 22 | SUMMONS Returned Executed by Vulcan Golf, LLC as to Oversee.Net on 7/18/2007, answer due 8/7/2007. (Foote, Robert) |
| July 23, 2007 | 23 | SUMMONS Returned Executed by Vulcan Golf, LLC as to Dotster, Inc. on 7/5/2007, answer due 7/25/2007. (Foote, Robert) |
| July 23, 2007 | 24 | ATTORNEY Appearance for Defendant Sedo LLC by Jeffrey Singer (Singer, Jeffrey) |
| July 23, 2007 | 25 | ATTORNEY Appearance for Defendant Sedo LLC by Misty Rose Martin (Martin, Misty) |
| July 23, 2007 | 26 | MOTION by Defendant Sedo LLC for extension of time to Answer or Otherwise Respond (Attachments: # 1 Exhibit A - Proposed Order)(Martin, Misty) |
| July 23, 2007 | 27 | NOTICE of Motion by Misty Rose Martin for presentment of extension of time 26 before Honorable Charles P. Kocoras on 7/31/2007 at 09:30 AM. (Martin, Misty) |
| July 25, 2007 | 28 | MINUTE entry before Judge Charles P. Kocoras :Defendant Google, Inc.'s agreed motion 15 for an extension of time to 8/10/2007 to answer or otherwise plead is granted. Defendant Internet Reit, Inc.'s unopposed motion 18 to extend time to 8/10/2007 to answer or otherwise plead is granted. Defendant Seco.com's motion 26 for an extension of time to 9/15/2007 to answer or otherwise plead is denied. Seco.com is given to 8/10/2007 to answer or otherwise plead. Hearing on all pending motions, set for 7/31/2007, is stricken. Mailed notice (sct, ) |
| July 24, 2007 | 29 |
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| July 24, 2007 | 30 |
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| July 24, 2007 | 31 |
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| July 24, 2007 | 32 |
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| July 27, 2007 | 33 | ATTORNEY Appearance for Defendant Internet Reit, Inc. by Brett A. August (August, Brett) |
| July 27, 2007 | 34 | ATTORNEY Appearance for Defendant Dotster, Inc. by Michael R. Dockterman (Dockterman, Michael) |
| July 27, 2007 | 35 | ATTORNEY Appearance for Defendant Dotster, Inc. by Alison C Conlon (Conlon, Alison) |
| July 27, 2007 | 36 | MOTION by Defendant Dotster, Inc. for extension of time to file answer or otherwise plead (Conlon, Alison) |
| July 27, 2007 | 37 | NOTICE of Motion by Alison C Conlon for presentment of motion for extension of time to file answer 36 before Honorable Charles P. Kocoras on 7/31/2007 at 09:30 AM. (Conlon, Alison) |
| July 30, 2007 | 38 | MINUTE entry before Judge Charles P. Kocoras :Defendant Dotster, Inc. a/k/a RevenueDirect.com's agreed motion 36 for an extension of time to 8/15/2007 to answer or otherwise plead is granted. Hearing on said motion, set for 7/31/2007, is stricken. Mailed notice (sct, ) |
| July 27, 2007 | 39 | ATTORNEY Appearance for Defendant Internet Reit, Inc. by Bradley Louis Cohn (mb, ) |
| July 27, 2007 | 40 | ATTORNEY Appearance for Defendant Internet Reit, Inc. by Alexis Elizabeth Payne (mb, ) |
| July 31, 2007 | 41 | ATTORNEY Appearance for Defendant Google Inc. by Michael Page (Page, Michael) |
| July 31, 2007 | 42 | ATTORNEY Appearance for Defendant Google Inc. by Joseph Gratz (Gratz, Joseph) |
| August 3, 2007 | 43 | ATTORNEY Appearance for Defendant Oversee.Net by Ronald Y Rothstein (Rothstein, Ronald) |
| August 3, 2007 | 44 | ATTORNEY Appearance for Defendant Oversee.Net by Janelle M. Carter (Carter, Janelle) |
| August 3, 2007 | 45 | MOTION by Defendant Oversee.Net for extension of time to file answer regarding complaint 1 (AGREED) (Carter, Janelle) |
| August 3, 2007 | 46 | NOTICE of Motion by Janelle M. Carter for presentment of motion for extension of time to file answer, motion for relief 45 before Honorable Charles P. Kocoras on 8/9/2007 at 09:30 AM. (Carter, Janelle) |
| August 7, 2007 | 47 | MINUTE entry before Judge Charles P. Kocoras :Defendant Oversee.net's agreed motion 45 for an extension of time to 8/17/2007 to answer or otherwise plead is granted. Hearing on said motion, set for 8/9/2007, is stricken. Parties are reminded that the correct case number is 07-cv-3371. Mailed notice (sct, ) |
| August 7, 2007 | 48 | NOTICE of Motion by Alexis Elizabeth Payne for presentment of before Honorable Charles P. Kocoras on 8/9/2007 at 09:30 AM. (Payne, Alexis) |
| August 7, 2007 | 49 | MOTION by Defendant Internet Reit, Inc. for leave to file excess pages (Payne, Alexis) |
| August 9, 2007 | 50 | MINUTE entry before Judge Charles P. Kocoras :Motion hearing held on 8/9/2007. Defendant Reit's motion 49 for leave to file brief in excess of page limitation, is granted. Brief is limited to 30 pages. Mailed notice (sct, ) |
| August 10, 2007 | 51 | MOTION by Defendant Sedo LLC for leave to file excess pages (Martin, Misty) |
| August 10, 2007 | 52 | MOTION by Defendant Sedo LLC to dismiss (Attachments: # 1 Supplement Memorandum in Support)(Martin, Misty) |
| August 10, 2007 | 53 | NOTICE of Motion by Misty Rose Martin for presentment of motion to dismiss 52 , motion for leave to file excess pages 51 before Honorable Charles P. Kocoras on 8/21/2007 at 09:30 AM. (Martin, Misty) |
| August 10, 2007 | 54 | Re- NOTICE of Motion by Misty Rose Martin for presentment of motion to dismiss 52 , motion for leave to file excess pages 51 before Honorable Charles P. Kocoras on 8/21/2007 at 09:30 AM. (Martin, Misty) |
| August 10, 2007 | 55 | MOTION by Defendant Dotster, Inc. for leave to file excess pages (Oversized Brief) (Agreed) (Conlon, Alison) |
| August 10, 2007 | 56 | NOTICE of Motion by Alison C Conlon for presentment of motion for leave to file excess pages 55 before Honorable Charles P. Kocoras on 8/14/2007 at 09:30 AM. (Conlon, Alison) |
| August 10, 2007 | 57 | MOTION by Defendant Google Inc. for leave to file excess pages (Agreed) (Moran, Mariah) |
| August 10, 2007 | 58 | MOTION by Defendant Google Inc. to dismiss (Moran, Mariah) |
| August 10, 2007 | 59 | MOTION by Defendant Internet Reit, Inc. to dismiss (August, Brett) |
| August 10, 2007 | 60 | NOTICE of Motion by Brett A. August for presentment of motion to dismiss 59 before Honorable Charles P. Kocoras on 8/21/2007 at 09:30 AM. (August, Brett) |
| August 10, 2007 | 61 | MEMORANDUM by Google Inc. in support of motion to dismiss 58 (Attachments: # 1 Appendix A)(Moran, Mariah) |
| August 10, 2007 | 62 | MEMORANDUM by Internet Reit, Inc. in support of motion to dismiss 59 (August, Brett) |
| August 10, 2007 | 63 | NOTICE of Motion by Mariah E Moran for presentment of motion to dismiss 58 , motion for leave to file excess pages 57 before Honorable Charles P. Kocoras on 8/21/2007 at 09:30 AM. (Moran, Mariah) |
| August 13, 2007 | 64 | MOTION by Defendant Oversee.Net for leave to file excess pages (AGREED) (Carter, Janelle) |
| August 13, 2007 | 65 | NOTICE of Motion by Janelle M. Carter for presentment of motion for leave to file excess pages 64 before Honorable Charles P. Kocoras on 8/15/2007 at 09:30 AM. (Carter, Janelle) |
| August 13, 2007 | 66 | MINUTE entry before Judge Charles P. Kocoras :Defendant Dotster, Inc. a/k/a RevenueDirect.com's agreed motion 55 for leave to file oversize brief is granted. Said brief is limited to 25 pages. Hearing on said motion, set for 8/14/2007, is stricken. Mailed notice (sct, ) |
| August 14, 2007 | 67 | MINUTE entry before Judge Charles P. Kocoras :Oversee.net's agreed motion 64 for leave to file briefs in excess of page limitation is granted. Oversee is given leave to file brief of up to 30 pages in support of its motion to dismiss. Plaintiff is given leave to file a brief of up to 30 pages in response to Oversee's motion to dismiss. Oversee is given leave to file reply brief of up to 15 pages. Hearing on Oversee's motion 64 for leave to file briefs in excess of page limitation, set for 8/15/2007, is stricken. Mailed notice (sct, ) |
| August 13, 2007 | 68 |
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| August 15, 2007 | 69 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dotster, Inc. (Dockterman, Michael) |
| August 15, 2007 | 70 | MOTION by Defendant Dotster, Inc. to dismiss Plaintiff's RICO Claims, and other Non-Trademark Related Claims, in the Class Action Complaint (Dockterman, Michael) |
| August 15, 2007 | 71 | MEMORANDUM by Dotster, Inc. in support of motion to dismiss 70 Plaintiff's RICO Claims, and other Non-Trademark Related Claims, in the Class Action Complaint (Dockterman, Michael) |
| August 15, 2007 | 72 | NOTICE of Motion by Michael R. Dockterman for presentment of motion to dismiss 70 before Honorable Charles P. Kocoras on 8/21/2007 at 9:30 AM. (Dockterman, Michael) |
| August 16, 2007 | 73 | Defendant Internet Reit, Inc.'s Local Rule 3.2 Statement by Internet Reit, Inc. (Held, Kenneth) |
| August 17, 2007 | 74 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Google Inc. (Moran, Mariah) |
| August 17, 2007 | 75 | MOTION by Defendant Oversee.Net to dismiss (Carter, Janelle) |
| August 17, 2007 | 76 | MEMORANDUM by Oversee.Net in support of motion to dismiss 75 (Carter, Janelle) |
| August 17, 2007 | 77 | NOTICE of Motion by Janelle M. Carter for presentment of motion to dismiss 75 before Honorable Charles P. Kocoras on 8/28/2007 at 09:30 AM. (Carter, Janelle) |
| August 17, 2007 | 78 |
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| August 17, 2007 | 79 |
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| August 17, 2007 | 80 |
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| August 20, 2007 | 81 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Sedo LLC (Martin, Misty) |
| August 21, 2007 | 82 | MINUTE entry before Judge Charles P. Kocoras :Status and motion hearing held on 8/21/2007. Plaintiff is given leave to file an amended complaint on or before 9/18/2007. All pending motions to dismiss 52 58 59 70 75 are denied without prejudice. All pending motions for leave to file in excess of fifteen pages 51 57 are moot. Discovery is stayed until the pleadings are in order. Hearing on defendant Oversee.net's motion 75 to dismiss, set for 8/28/2007, is stricken as moot.Mailed notice (sct, ) |
| August 21, 2007 | 83 |
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| September 10, 2007 | 84 | MINUTE entry before Judge Blanche M. Manning :Status hearing set for 9/20/2007 at 11:00 AM.Mailed notice (rth, ) |
| September 11, 2007 | 85 | ATTORNEY Appearance for Plaintiff Vulcan Golf, LLC by William J. Harte (Harte, William) |
| September 11, 2007 | 86 | ATTORNEY Appearance for Plaintiff Vulcan Golf, LLC by Dana Marie Pesha (Pesha, Dana) |
| September 13, 2007 | 87 | ATTORNEY Appearance for Plaintiff Vulcan Golf, LLC by Mark Anthony Bulgarelli (Bulgarelli, Mark) |
| September 18, 2007 | 88 | ENTERED in error. See number 89. (Foote, Robert). (Text edited by Clerk's Office). Modified on 9/19/2007 (ar, ). |
| September 18, 2007 | 89 | First AMENDED complaint by Vulcan Golf, LLC against all defendants (Foote, Robert) |
| September 20, 2007 | 90 | MINUTE entry before Judge Blanche M. Manning : Status hearing held and continued to 11/29/2007 at 11:00 a.m. Discovery is stayed until the next status. Rule 26(a)disclosures shall be made by 11/5/2007. Defendant to answer or otherwise plead to the amendments by 10/18/2007. Defendants oral motion for leave to file brief in excess of 15 pages up to 35 pages is granted. Defendants shall file aconsolidated motion to dismiss and reply. Plaintiffs consolidated response to defendants motion to dismiss to be filed by 11/5/2007. Plaintiff granted same page limit for its response. Defendants reply to be filed by 11/13/2007. Mailed notice (mb, ) |
| September 25, 2007 | 91 | ATTORNEY Appearance for Defendant Google Inc. by Aaron Daniel Van Oort (Van Oort, Aaron) |
| September 28, 2007 | 92 | for Leave NOTICE of Motion by Misty Rose Martin for presentment of before Honorable Blanche M. Manning on 10/4/2007 at 09:00 AM. (Martin, Misty) |
| September 28, 2007 | 93 | MOTION by Defendant Sedo LLCLeave to File Individual Briefs (Attachments: # 1 Exhibit A)(Martin, Misty) |
| September 28, 2007 | 94 | MOTION by Defendant Google Inc. for leave to file Separate Motion and Supporting Brief to Dismiss Plaintiffs' First Amended Complaint (Unopposed) (Moran, Mariah) |
| September 28, 2007 | 95 | NOTICE of Motion by Mariah E Moran for presentment of motion for leave to file 94 before Honorable Blanche M. Manning on 10/4/2007 at 11:00 AM. (Moran, Mariah) |
| October 1, 2007 | 96 | NOTICE of Motion by Misty Rose Martin for presentment of motion for miscellaneous relief 93 before Honorable Blanche M. Manning on 10/4/2007 at 11:00 AM. (Martin, Misty) |
| October 3, 2007 | 97 | MINUTE entry before Judge Blanche M. Manning :Defendants' motions for leave to file separate motions 93 94 are granted in part and denied in part. The court intended to require the defendants to file a consolidated motion to dismiss to the extent possible and to allow them to file separate supplemental briefs addressing any individual issues. The court regrets any confusion. The defendants seek to file five separate 35-page briefs. Assuming that they use all of these pages, they will file a total of 175 pages which may contain duplicative arguments or factual summaries. The record does not show that this extraordinary number of pages is necessary. Accordingly, the court directs the defendants to file a consolidated brief to the extent possible that contains any common arguments (between all or some of the defendants) as well as a joint summary of relevant facts. Contrary to its statements in open court, they may then file separate briefs addressing individual arguments, not to exceed 20 pages each. If any defendant believes that additional pages are necessary, it must file a motion articulating specific bases for such a request. Mailed notice (rth, ) |
| October 18, 2007 | 98 | MOTION by Defendants Internet Reit, Inc., Google Inc., Oversee.Net, Sedo LLC, Dotster, Inc. to dismiss Amended Class Action Complaint (Consolidated Motion) (Attachments: # 1 Appendix)(Dockterman, Michael) |
| October 18, 2007 | 99 | MEMORANDUM by Internet Reit, Inc., Google Inc., Oversee.Net, Sedo LLC, Dotster, Inc. in support of motion to dismiss 98 Amended Class Action Complaint (Dockterman, Michael) |
| October 18, 2007 | 100 | MEMORANDUM by Internet Reit, Inc. in support of motion to dismiss 98 Amended Class Action Complaint (Borgman, Steven) |
| October 18, 2007 | 101 | MEMORANDUM motion to dismiss 98 by Google Inc. in Support of Motion to Dismiss First Amended Complaint (Attachments: # 1 Appendix A)(Moran, Mariah) |
| October 18, 2007 | 102 | MEMORANDUM by Sedo LLC in support of motion to dismiss 98 (Martin, Misty) |
| October 18, 2007 | 103 | MEMORANDUM by Oversee.Net in support of motion to dismiss 98 First Amended Class Action Complaint (Carter, Janelle) |
| November 5, 2007 | 104 | RESPONSE by Vulcan Golf, LLC to MOTION by Defendants Internet Reit, Inc., Google Inc., Oversee.Net, Sedo LLC, Dotster, Inc. to dismiss Amended Class Action Complaint (Consolidated Motion) 98 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D (1 of 2)# 5 Exhibit D (2 of 2)# 6 Exhibit E# 7 Exhibit F# 8 Motion to Amend# 9 Motion for Leave)(Foote, Robert) |
| November 13, 2007 | 105 | ATTORNEY Appearance for Defendant Sedo LLC by Anastasios T. Foukas (Foukas, Anastasios) |
| November 13, 2007 | 106 | RESPONSE by Sedo LLCin Support of MOTION by Defendants Internet Reit, Inc., Google Inc., Oversee.Net, Sedo LLC, Dotster, Inc. to dismiss Amended Class Action Complaint (Consolidated Motion) 98 (Foukas, Anastasios) |
| November 13, 2007 | 107 | REPLY by Defendant Oversee.Net to motion to dismiss 98 (Carter, Janelle) |
| November 13, 2007 | 108 | REPLY by Defendant Google Inc. in Support of Its Motion to Dismiss (Moran, Mariah) |
| November 13, 2007 | 109 | REPLY by Defendants Internet Reit, Inc., Google Inc., Oversee.Net, Sedo LLC, Dotster, Inc. to motion to dismiss 98 (Dockterman, Michael) |
| November 13, 2007 | 110 | REPLY by Internet Reit, Inc. to response to motion, 104 Plaintiffs' Consolidated Response to Defendants' Motions to Dismiss (Borgman, Steven) |
| November 20, 2007 | 111 | MINUTE entry before Judge Blanche M. Manning : Status hearing set for 11/29/2007 is reset to 12/6/2007 at 11:00 AM.Mailed notice (rth, ) |
| November 21, 2007 | 112 | TRANSCRIPT of proceedings for the following dates: 08/21/07; Before the Honorable Charles P. Kocoras. (ar, ) |
| December 4, 2007 | 113 | Case Management Conference STATEMENT by Google Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Moran, Mariah) |
| December 5, 2007 |