Novak v. Overture Services, Inc. et al Featured Case

Plaintiff Robert Novak d/b/a Pets Warehouse sued defendants Kanoodle, Google and Overture and alleged that they permitted plaintiff's competitors to purchase advertising based on the Pets Warehouse trademark. Plaintiff further alleges that defendants TheFerretStore.com, Judge-For-Yourself.com and DoctorDog.com had either used plaintiff's trademark in its metatags or had purchased the keyword Pets Warehouse.

Case Number: 2:2002cv05164
Filed: September 24, 2002
Court: U.S. District Court for the Eastern District of New York
Office: Central Islip Office
County: Suffolk
Nature of Suit: P.I.: Other
Cause of Action: 15 U.S.C. ยง 1051 Trademark Infringement
Jury Demanded By: None
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Date Filed Document Text
March 18, 2005 Filing 104
STIPULATION and [Proposed] Order by Google, Inc., Google, Inc.. (Kramer, David)
March 8, 2005 Filing 103
Letter from John Holdefehr to The Honorable Denis R. Hurley, dated 2/25/05 re: To request that this case be dismissed with prejudice; and to request "if dismissal of this case with prejudice means continuing this case, that it be dismissed just as the pltff submitted it to the court, with no clarification of prejudice." (Fagan, Linda) Modified on 3/10/2005 (Fagan, Linda).
March 2, 2005 Filing 102
Letter from Robert Novak to Honorable Judge Denis R. Hurley, U.S.D.J., dated 3/1/05 re: To request that this Court deny deft Google's motion for reconsideration; and this Court's Memorandum & Order dated 2/16/05 remain undisturbed. (Fagan, Linda) Modified on 3/3/2005 (Fagan, Linda).
February 22, 2005 Filing 100
NOTICE of Appearance by John L. Slafsky on behalf of all defendants (Slafsky, John)
February 17, 2005 Filing 97
NOTICE of Voluntary Dismissal by Overture Services, Inc. (Berger, Suzanne)
February 16, 2005 Opinion or Order Filing 99
ORDER: this Court's former endorsement 91 of Plaintiff's Notice of Voluntary Dismissal was without prejudice. Signed by Judge Denis R. Hurley on 2/16/05. Additional attachment(s) added on 2/22/2005 (Fagan, Linda).
February 8, 2005 Filing 95
Letter from John L. Slafsky representing Defendant Google, Inc. to The Honorable Denis R. Hurley Regarding Plaintiff's February 8, 2005 letter to the Court. (Slafsky, John)
February 7, 2005 Filing 96
Letter from Robert Novak to Honorable Judge Denis R. Hurley, U.S.D.J., dated 2/7/05 re: To request that this court find that the case be deemed closed and both parties' claims are dismissed without prejudice and upon such terms and conditions as the court deems proper. (Fagan, Linda)
January 20, 2005 Filing 91
NOTICE of Voluntary Dismissal by Robert Novak; That pltff Novak, hereby dismisses all claims of this action against Deft's, Overture Services, Inc., Google, Inc. and John Holdefehr D/B/A Judge-for-yourself.com, each party to bear their own costs and attorneys fees; and that the remaining defts having been dismissed by separate order, this case should bee deemed closed. ( Signed by Dennis R. Hurley, U.S.D.J., on 1/20/05) (Fagan, Linda)
January 3, 2005 Filing 89
Letter from Suzanne M. Berger to Judge Hurley Regarding Overture's request that plaintiff's voluntary dismissal of his claims be "with prejudice.". (Berger, Suzanne)
December 30, 2004 Filing 90
Letter from Robert Novak to Honorable Denis R. Hurley, dated 12/30/04 re: To respond to deft Google Inc's letter of December 29th requesting that this Court dismiss with prejudice pltff's claims against deft; and to object to any such provisions. (Fagan, Linda)
December 29, 2004 Filing 88
Letter from David H. Kramer to The Honorable Denis R. Hurley Regarding Order of Notice of Voluntary Dismissal. (Kramer, David)
December 22, 2004 Filing 86
AFFIDAVIT of Service for Endorsed Order Dated 12/20/2004, on Suzanne Berger's letter to Magistrate Orenstein requesting additional time to respond to plaintiff's letter, served on Robert Novak, John Holdefehr, Morrison Mahoney and Miller, LLP, Wilson Sonsini Goodrich and Rosati, Hodgson Ross LLP on 12/21/2004, filed by Overture Services, Inc.. (Berger, Suzanne)
December 20, 2004 Filing 85
Letter from Suzanne M. Berger to Magistrate Judge James Orenstein Regarding extension of time to respond to plaintiff's letter concerning Overture's outstanding discovery requests. (Berger, Suzanne)
December 15, 2004 Filing 84
Letter from Robert Novak to The Honorable Magistrate Judge James Orenstein, dated 12/15/04 re: To request that the Court to set the deadline of 12/21/04, for the pltff's production of the documents set forth herein. (Fagan, Linda)
September 8, 2004 Filing 80
NOTICE of Appearance by Suzanne Michelle Berger on behalf of Overture Services, Inc. (Berger, Suzanne)
August 25, 2004 Filing 78
(PROPOSED)STIPULATION AND ORDER Of Dismissal With Prejudice As Against Biochemics, Inc. d/b/a Doctordog.com; That this action, including all claims and counterclaims, is dismissed with prejudice as against Biochemics, Inc. d/b/a Doctordog.com, with each party to pay its own costs and attorneys' fees. ( Not signed by Chambers, on 8/25/04) (Fagan, Linda)
August 19, 2004 Filing 77
Letter from David Kramer to The Honorable Denis Hurley. (Kramer, David)
August 18, 2004 Filing 82
Letter from Robert Novak to Honorable Judge D. Hurley, U.S.D.J., dated 8/16/04 re: To respond to deft Goggle's belated pre-motion request purs. to Rule 12(c). (Fagan, Linda)
August 12, 2004 Filing 81
NOTICE of Voluntary Dismissal, With Prejuedice, Pursuant to Fed. R. Civ. P. 41(a)(1); That pltff, Robert Novak d/b/a Pets Warehouse and PetsWarehouse.com, hereby dismisses all claims and counterclaims of this action against Deft, Biochemics Inc. d/b/a doctordog.com, with prejudice, with each party to bear their own costs and attorneys fees. ( D&F as per chambers on 8/17/04) (Fagan, Linda)
August 5, 2004 Opinion or Order Filing 79
Endorsed ORDER re 74 Letter. Application granted. ( Signed by Judge Denis R. Hurley on 8/5/04.) c/m (Fagan, Linda)
August 4, 2004 Filing 74
Letter from Robert Novak to Honorable Judge D. Hurley, U.S.D.J., dated 8/4/04 re: To request a short extension of time to adequately respond to the arguments made in deft Goggle's pre-motion letter requesting a conference and their grounds for dismissal, dated 7/23/04. (Fagan, Linda)
July 23, 2004 Filing 73
CERTIFICATE OF SERVICE by Google Inc., Google, Inc. of pre-motion conference letter (Slafsky, John)
July 15, 2004 Opinion or Order Filing 69
SCHEDULING ORDER. Signed by Judge James Orenstein on 7/15/04. CG/CM (Branciforte, Ralph)
July 8, 2004 Filing 66
Letter from David H. Kramer to The Honorable James Orenstein Regarding ongoing discovery issue. (Kramer, David)
May 25, 2004 Filing 63
Letter from David H. Kramer to The Honorable William D. Wall Regarding Discovery Dispute. (Kramer, David)
April 12, 2004 Filing 53
Defendant Google Inc.'s ANSWER to Complaint and, COUNTERCLAIM with attached Certificate of Service against Robert Novak by Google Inc., Google, Inc..(Kramer, David)
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