The Learning Company,et al v. Zynga Inc. Featured Case
Plaintiff: The Learning Company and HMH Consumer Company Ltd.
Defendant: Zynga Inc.
Counter_claimant: Zynga Inc.
Counter_defendant: HMH Consumer Company Ltd. and The Learning Company
Case Number: 1:2011cv10894
Filed: May 18, 2011
Court: US District Court for the District of Massachusetts
Office: Boston Office
County: Suffolk
Presiding Judge: Mark L. Wolf
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1114
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 2, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 29, 2011 Chief Judge Mark L. Wolf: ELECTRONIC ORDER entered granting 52 Motion for Leave to Appear Pro Hac Vice Added Larry W. McFarland. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Hohler, Daniel)
August 5, 2011 ELECTRONIC NOTICE Canceling Hearing. The conference scheduled for 8/5/11 is canceled. No new date has been set.(Hohler, Daniel)
August 1, 2011 Filing 57 NOTICE of Appearance by David K. Caplan on behalf of Zynga Inc. (Caplan, David)
July 29, 2011 Filing 56 CERTIFICATION pursuant to Local Rule 16.1 by HMH Consumer Company Ltd., The Learning Company.(Hosp, Richard)
July 22, 2011 Filing 55 JOINT STATEMENT re scheduling conference. (Wendlandt, Dalila)
July 22, 2011 Filing 54 CERTIFICATION pursuant to Local Rule 16.1 of Zynga Inc. (Wendlandt, Dalila)
July 22, 2011 Filing 53 STATUS REPORT on Settlement by HMH Consumer Company Ltd., The Learning Company. (Hosp, Richard)
July 21, 2011 Filing 52 MOTION for Leave to Appear Pro Hac Vice for admission of Larry W. McFarland Filing fee: $ 50, receipt number 0101-3507361 by Zynga Inc..(Wendlandt, Dalila)
July 7, 2011 Filing 51 ANSWER to Counterclaim by HMH Consumer Company Ltd., The Learning Company.(Hosp, Richard)
June 20, 2011 Filing 50 Chief Judge Mark L. Wolf: ORDER entered finding as moot 38 Motion for Order; finding as moot 3 Motion for Preliminary Injunction; finding as moot 20 Motion to Expedite. Accordingly/ it is hereby ORDERED pursuant to the parties' agreement that:1. Zynga, its officers, agents, employees, attorneys, andanyone acting in concert with any of them, shall not refer to"Oregon Trail" within Zynga's FrontierVille video game, or inconnection with the marketing or promotion of FrontierVille.2. Plaintiffs' Motion for Preliminary Injunction (Docket No.3) is MOOT and the June 21, 2011 hearing concerning it is CANCELED.3. The parties shall meet at least once and, by July 22, 2011,inform the court whether this case has been settled.4. If this case has not been settled, the parties shall complywith the attached Order for a Scheduling Conference to be held onAugust 5, 2011, at 3:00 p.m. The conference shall be attended by arepresentative of each party with full settlement authority.5. Plaintiffs' Emergency Motion for Expedited Discovery(Docket No. 20) and Motion for Entry of Order Requiring Compliancewith Representations Made to the Court (Docket No. 38) are MOOT. (Attachments: # 1 Scheduling Conference Order) (Hohler, Daniel)
June 17, 2011 Filing 49 STATUS REPORT (Joint) by HMH Consumer Company Ltd., The Learning Company, Zynga Inc.. (Attachments: # 1 Exhibit A (Proposed Order A), # 2 Exhibit B (Proposed Order B))(Hosp, Richard)
June 17, 2011 ELECTRONIC NOTICE Canceling Hearing. The hearing set for 6/21/2011 is CANCELED. (Hohler, Daniel)
June 16, 2011 Filing 48 ANSWER to 1 Complaint, Affirmative Defenses and, COUNTERCLAIM against HMH Consumer Company Ltd., The Learning Company by Zynga Inc..(Wendlandt, Dalila)
June 15, 2011 Filing 47 NOTICE of Appearance by Alexandra J. Roberts on behalf of Zynga Inc. (Roberts, Alexandra)
June 15, 2011 Filing 46 Chief Judge Mark L. Wolf: ORDER entered. Accordingly, it is hereby ORDERED that:1. By June 17, 2011, at 4:00 p.m., the parties shall conferand report jointly whether they have entered into an agreement orstipulation that either resolves this case or renders moot theMotion for Preliminary Injunction. If so, they shall jointly submita proposed form of order. If not, the June 21, 2011 hearing will beheld and the parties shall report, jointly if possible butindividually if necessary:a. To what extent, if any, defendant continues to use thephrase "Oregon Trail," and to what extent, if any, plaintiffscontinue to allege that defendant is currently infringing its mark.b. Defendant shall belatedly comply with the May 25, 2011Order and identify the witnesses it proposes to call at the June21, 2011 hearing, succinctly state the essence of their testimony,and estimate how long it should take.2. Defendant's Assented-To Motion for Extension of Time toRespond to the Complaint (Docket No. 39) is ALLOWED.(Hohler, Daniel)
June 15, 2011 Chief Judge Mark L. Wolf: ELECTRONIC ORDER entered granting 39 Motion for Extension of Time (Hohler, Daniel)
June 9, 2011 Filing 45 Response by HMH Consumer Company Ltd., The Learning Company to 19 Order. (Hosp, Richard)
June 9, 2011 Filing 44 DECLARATION re 43 Reply to Response to Motion (Declaration of Erin M. Michael) by HMH Consumer Company Ltd., The Learning Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20)(Hosp, Richard)
June 9, 2011 Filing 43 REPLY to Response to 3 MOTION for Preliminary Injunction filed by HMH Consumer Company Ltd., The Learning Company. (Hosp, Richard)
June 9, 2011 Filing 42 DECLARATION re 40 Memorandum in Opposition to Motion for Entry of Order Requiring Complaince with Representations Made to the Court by John Osvald by Zynga Inc.. (Wendlandt, Dalila)
June 9, 2011 Filing 41 DECLARATION re 40 Memorandum in Opposition to Motion for Entry of Order Requiring Complaince with Representations Made to the Court by Dennis L. Wilson by Zynga Inc.. (Attachments: # 1 Exhibit 1)(Wendlandt, Dalila)
June 9, 2011 Filing 40 MEMORANDUM in Opposition re 38 MOTION for Order to Require Compliance with Representations Made to the Court filed by Zynga Inc.. (Wendlandt, Dalila)
June 9, 2011 Filing 39 Assented to MOTION for Extension of Time to June 16, 2011 to Respond to the Complaint by Zynga Inc..(Wendlandt, Dalila)
June 7, 2011 Filing 38 MOTION for Order to Require Compliance with Representations Made to the Court by HMH Consumer Company Ltd., The Learning Company. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Hosp, Richard)
June 3, 2011 Filing 37 Response by Zynga Inc. to 19 Order. (Wendlandt, Dalila)
June 3, 2011 Filing 36 Letter/request (non-motion) from Dalia Argaez Wendlandt, FILED. (Attachments: # 1 Exhibit 11 in CD form)(Boyce, Kathy)
June 2, 2011 Filing 35 DECLARATION re 28 Memorandum in Opposition to Motion for Preliminary Injunction by Victor Flores by Zynga Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24)(Wendlandt, Dalila)
June 2, 2011 Filing 34 DECLARATION re 28 Memorandum in Opposition to Motion for Preliminary Injunction by Paul Hsu by Zynga Inc.. (Wendlandt, Dalila)
June 2, 2011 Filing 33 DECLARATION re 28 Memorandum in Opposition to Motion for Preliminary Injunction by Dalila Argaez Wendlandt by Zynga Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Wendlandt, Dalila)
June 2, 2011 Filing 32 DECLARATION re 28 Memorandum in Opposition to Motion for Preliminary Injunction by Dennis L. Wilson by Zynga Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Wendlandt, Dalila)
June 2, 2011 Filing 31 DECLARATION re 28 Memorandum in Opposition to Motion for Preliminary Injunction by John Osvald by Zynga Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Wendlandt, Dalila)
June 2, 2011 Filing 30 DECLARATION re 28 Memorandum in Opposition to Motion for Preliminary Injunction by Doug Kaufman by Zynga Inc.. (Attachments: # 1 Exhibit 1)(Wendlandt, Dalila)
June 2, 2011 Filing 29 DECLARATION re 28 Memorandum in Opposition to Motion for Preliminary Injunction by Manny Anekal by Zynga Inc.. (Attachments: # 1 Exhibit A)(Wendlandt, Dalila)
June 2, 2011 Filing 28 MEMORANDUM in Opposition re 3 MOTION for Preliminary Injunction filed by Zynga Inc.. (Attachments: # 1 Notice of Manual Filing)(Wendlandt, Dalila)
June 2, 2011 Notice of correction to docket made by Court staff. Correction: Exhibit B to Document No. 6 replaced with corrected exhibit B per request of attorney (Boyce, Kathy)
May 31, 2011 Filing 27 MOTION for Leave to File a Two Page Reply to Defendant's Opposition to Plaintiffs' Emergency Motion for Expedited Discovery by HMH Consumer Company Ltd., The Learning Company. (Attachments: # 1 Exhibit A - Proposed Reply)(Hosp, Richard)
May 31, 2011 Filing 26 MEMORANDUM in Opposition re 20 Emergency MOTION to Expedite Discovery filed by Zynga Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Wendlandt, Dalila)
May 31, 2011 Filing 25 MOTION for Leave to Appear Pro Hac Vice for admission of Dennis L. Wilson Filing fee: $ 50, receipt number 0101-3429495 by Zynga Inc..(Wendlandt, Dalila)
May 31, 2011 Filing 24 NOTICE of Appearance by Randall W. Bodner on behalf of Zynga Inc. (Bodner, Randall)
May 31, 2011 Filing 23 CORPORATE DISCLOSURE STATEMENT by Zynga Inc.. (Wendlandt, Dalila)
May 31, 2011 Filing 22 NOTICE of Appearance by Dalila A. Wendlandt on behalf of Zynga Inc. (Wendlandt, Dalila)
May 27, 2011 Filing 21 MEMORANDUM in Support re 20 Emergency MOTION to Expedite Discovery filed by HMH Consumer Company Ltd., The Learning Company. (Attachments: # 1 Exhibit A)(Hosp, Richard)
May 27, 2011 Filing 20 Emergency MOTION to Expedite Discovery by HMH Consumer Company Ltd., The Learning Company. (Attachments: # 1 Text of Proposed Order)(Hosp, Richard)
May 25, 2011 Filing 19 Chief Judge Mark L. Wolf: ORDER entered. (Hohler, Daniel)
May 25, 2011 ELECTRONIC NOTICE Setting Hearing on Motion 3 MOTION for Preliminary Injunction : Motion Hearing set for 6/21/2011 10:00 AM in Courtroom 10 before Chief Judge Mark L. Wolf. (Hohler, Daniel)
May 24, 2011 Filing 18 STATUS REPORT (Joint Status Report on Plaintiffs' Motion for Temporary Restraining Order and Proposed Preliminary Injunction Briefing Schedule) by HMH Consumer Company Ltd., The Learning Company, Zynga Inc.. (Hosp, Richard)
May 23, 2011 Filing 17 Chief Judge Mark L. Wolf: ORDER entered. re 2 MOTION for Temporary Restraining Order filed by HMH Consumer Company Ltd. It is hereby ORDERED that:1. The parties shall confer and, by May 24, 2011, at 12:00noon, report whether they have reached an agreement to maintain thestatus quo until the plaintiffs' request for a preliminaryinjunction can be fully briefed and any necessary hearing can beconducted.2. If not, defendant Zynga Inc. shall, by May 25, 2011, at2:00 p.m., respond to the Motion.3. If necessary or appropriate, a hearing on the Motion willbe held on May 27, 2011.(Hohler, Daniel)
May 20, 2011 Filing 16 SUMMONS Returned Executed Zynga Inc. served on 5/19/2011, answer due 6/9/2011. (Hosp, Richard)
May 20, 2011 Filing 15 Letter dated May 20, 2011 to the court from Court Procedures Clerk Arianne Waldron of Goodwin Proctor enclosing a Video CD containing Exhibits 2,3,5 and 10 to the Declaration of Erin M. Michael in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction, FILED. (Boyce, Kathy)
May 20, 2011 Filing 14 NOTICE OF MANUAL FILING by HMH Consumer Company Ltd., The Learning Company re 5 Declaration, (Hosp, Richard)
May 19, 2011 Filing 13 Summons Issued as to Zynga Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Geraldino-Karasek, Clarilde)
May 19, 2011 ELECTRONIC NOTICE of Case Assignment. Chief Judge Mark L. Wolf assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Abaid, Kimberly)
May 18, 2011 Filing 12 REPORT ON THE FILING OF AN ACTION REGARDING TRADEMARK. (Geraldino-Karasek, Clarilde)
May 18, 2011 Filing 11 NOTICE of Appearance by Erin M. Michael on behalf of HMH Consumer Company Ltd., The Learning Company, a division of Houghton Mifflin Harcourt Publishing Company (Michael, Erin)
May 18, 2011 Filing 10 NOTICE of Appearance by Sheryl A. Koval on behalf of HMH Consumer Company Ltd., The Learning Company, a division of Houghton Mifflin Harcourt Publishing Company (Koval, Sheryl)
May 18, 2011 Filing 9 NOTICE of Appearance by Mark S. Puzella on behalf of HMH Consumer Company Ltd., The Learning Company, a division of Houghton Mifflin Harcourt Publishing Company (Puzella, Mark)
May 18, 2011 Filing 8 CORPORATE DISCLOSURE STATEMENT by HMH Consumer Company Ltd.. (Hosp, Richard)
May 18, 2011 Filing 7 CORPORATE DISCLOSURE STATEMENT by The Learning Company, a division of Houghton Mifflin Harcourt Publishing Company. (Hosp, Richard)
May 18, 2011 Filing 6 DECLARATION re 3 MOTION for Preliminary Injunction, 2 MOTION for Temporary Restraining Order (Declaration of Anthony Bordon) by HMH Consumer Company Ltd., The Learning Company, a division of Houghton Mifflin Harcourt Publishing Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Hosp, Richard) (Attachment 2 replaced on 6/2/2011) (Boyce, Kathy). Modified on 6/2/2011 to replace Exhibit B with corrected Exhibit B (Boyce, Kathy).
May 18, 2011 Filing 5 DECLARATION re 3 MOTION for Preliminary Injunction, 2 MOTION for Temporary Restraining Order by HMH Consumer Company Ltd., The Learning Company, a division of Houghton Mifflin Harcourt Publishing Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Hosp, Richard)
May 18, 2011 Filing 4 MEMORANDUM in Support re 3 MOTION for Preliminary Injunction, 2 MOTION for Temporary Restraining Order filed by HMH Consumer Company Ltd., The Learning Company, a division of Houghton Mifflin Harcourt Publishing Company. (Hosp, Richard)
May 18, 2011 Filing 3 MOTION for Preliminary Injunction by HMH Consumer Company Ltd., The Learning Company, a division of Houghton Mifflin Harcourt Publishing Company. (Attachments: # 1 Text of Proposed Order)(Hosp, Richard)
May 18, 2011 Filing 2 MOTION for Temporary Restraining Order by HMH Consumer Company Ltd., The Learning Company, a division of Houghton Mifflin Harcourt Publishing Company. (Attachments: # 1 Text of Proposed Order)(Hosp, Richard)
May 18, 2011 Filing 1 COMPLAINT against Zynga Inc. Filing fee: $ 350, receipt number 0101-3412656 (Fee Status: Filing Fee paid), filed by HMH Consumer Company Ltd., The Learning Company, a division of Houghton Mifflin Harcourt Publishing Company. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Category Form)(Hosp, Richard) Modified on 5/19/2011 to re-docketed form AO120 as separate entry (Geraldino-Karasek, Clarilde).

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Search for this case: The Learning Company,et al v. Zynga Inc.
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Plaintiff: The Learning Company
Represented By: Richard D. Hosp
Represented By: Sheryl A. Koval
Represented By: Erin M. Michael
Represented By: Mark S. Puzella
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Plaintiff: HMH Consumer Company Ltd.
Represented By: Richard D. Hosp
Represented By: Sheryl A. Koval
Represented By: Erin M. Michael
Represented By: Mark S. Puzella
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Defendant: Zynga Inc.
Represented By: Randall W. Bodner
Represented By: Alexandra J. Roberts
Represented By: Dalila A. Wendlandt
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Counter_claimant: Zynga Inc.
Represented By: Randall W. Bodner
Represented By: Alexandra J. Roberts
Represented By: Dalila A. Wendlandt
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Counter_defendant: HMH Consumer Company Ltd.
Represented By: Richard D. Hosp
Represented By: Sheryl A. Koval
Represented By: Erin M. Michael
Represented By: Mark S. Puzella
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Counter_defendant: The Learning Company
Represented By: Richard D. Hosp
Represented By: Sheryl A. Koval
Represented By: Erin M. Michael
Represented By: Mark S. Puzella
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