Rescuecom Corporation v. Google, Inc. Featured Case

Plaintiff Rescuecom Corporation alleges that defendant Google, Inc. improperly infringes on plaintiff's name and trademark by selling the trademark to plaintiff's competitors as a keyword in defendant's search results.

Plaintiff: Rescuecom Corporation
Defendant: Google, Inc.
Case Number: 5:2004cv01055
Filed: September 7, 2004
Court: US District Court for the Northern District of New York
Office: Syracuse Office
County: Onondaga
Presiding Judge: George H. Lowe
Presiding Judge: Norman A. Mordue
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114 Trademark Infringement
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on May 29, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 5, 2010 Opinion or Order Filing 49 STIPULATION AND ORDER OF DISMISSAL. Signed by Chief Judge Norman A. Mordue on 3/5/10. (mnm)
March 4, 2010 Filing 48 STIPULATION of Dismissal by Google, Inc. submitted to Judge Mordue. (Gildin, Benjamin)
March 1, 2010 TEXT NOTICE of Hearing CHANGE: The Status Conference scheduled for 2/25/2010 is hereby RESCHEDULED for 3/15/2010 at 02:30 PM before Magistrate Judge George H. Lowe. Any letter briefs regarding discovery issues are to be filed with the Court no later than March 5, 2010. Plaintiff's attorney is responsible for initiating the call on March 15, using a teleconferencing service, and should call the chambers of Magistrate Judge George H. Lowe at (315) 234-8618, a dedicated conference line which may not be used for other purposes.(rjb, )
January 29, 2010 Opinion or Order Filing 47 STIPULATION AND ORDER - Quinn Emanuel Urquhart Oliver & Hedges, LLP shall replace Cooley Godward Kronish, LLP as attorneys for defendant. Attorney Jason M. Koral; Michael G. Rhodes; Celia G. Barenholtz and Benjamin H. Kleine terminated. Signed by Magistrate Judge George H. Lowe on 1/29/2010. (mnm)
January 28, 2010 Filing 46 NOTICE of Appearance by Jonathan B. Oblak on behalf of Google, Inc. (Oblak, Jonathan)
January 28, 2010 Filing 45 NOTICE of Appearance by Benjamin J. Gildin on behalf of Google, Inc. (Gildin, Benjamin)
January 28, 2010 Filing 44 STIPULATION Substitution of Counsel by Google, Inc. submitted to Judge Lowe. (Gildin, Benjamin)
January 28, 2010 Filing 43 NOTICE of Appearance by Deborah K. Brown on behalf of Google, Inc. (Brown, Deborah)
January 27, 2010 TEXT NOTICE of Hearing: Status Conference set for 2/25/2010 at 02:00 PM before Magistrate Judge George H. Lowe. Plaintiff's attorney is responsible for initiating the call, using a teleconferencing service, and should call the chambers of Magistrate Judge George H. Lowe at (315) 234-8618, a dedicated conference line which may not be used for other purposes.(rjb, )
January 26, 2010 TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Status Conference held on 1/26/2010. Appearances: Edmund Gegan, Esq. for Plaintiff; Jason Koral, Esq., Celia Barenholtz, Esq. and Jonathan Oblak, Esq. for Defendant. Attorney Oblak is in the process of being admitted to the Northern District. Parties have exchanged their paper discovery but have not yet had a meet and confer regarding any objections they have to the discovery responses. Judge Lowe directs counsel to file letter briefs with the Court by February 19, 2010, if they cannot resolve the objections that they have. Otherwise, counsel will file a status report with the Court by 2/19/10. Judge Lowe directs counsel to discuss depositions at their meet and confer and be prepared to discuss a deposition schedule at the next conference. Pretrial deadlines will also be addressed at the next conference. A conference will be scheduled for after 2/19/10. (Tape #246) (rjb, )
January 8, 2010 TEXT NOTICE of Hearing CHANGE: The Status Conference scheduled for 1/15/2010 is hereby RESCHEDULED for 1/26/2010 at 10:00 AM before Magistrate Judge George H. Lowe. Defendant's attorney is responsible for initiating the call, using a teleconferencing service, and should call the chambers of Magistrate Judge George H. Lowe at (315) 234-8618, a dedicated conference line which may not be used for other purposes.(rjb, )
December 9, 2009 Opinion or Order Filing 42 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge George H. Lowe on 12/9/09. (rjb, )
December 7, 2009 Filing 41 CERTIFICATE OF SERVICE by Google, Inc. re 40 Stipulation (Kleine, Benjamin)
December 7, 2009 Filing 40 STIPULATION Stipulated Protective Order by Google, Inc. submitted to Judge George H. Lowe. (Kleine, Benjamin)
December 3, 2009 Opinion or Order TEXT ORDER granting 39 Letter Request, Protective Order to be submitted on or before December 7, 2009. SO ORDERED by Magistrate Judge George H. Lowe on 12/3/09. (rjb, )
December 2, 2009 Filing 39 Letter Motion from Celia G. Barenholtz for Google, Inc., Google, Inc. requesting Extension on deadline to submit proposed Protective Order submitted to Judge George H. Lowe. (Kleine, Benjamin)
November 30, 2009 TEXT NOTICE of Hearing CHANGE: The Status Conference scheduled for 1/7/2010 is hereby RESCHEDULED for 1/15/2010 at 10:00 AM before Magistrate Judge George H. Lowe. Defendant's attorney is responsible for initiating the call, using a teleconferencing service, and should call the chambers of Magistrate Judge George H. Lowe at (315) 234-8618, a dedicated conference line which may not be used for other purposes.(rjb, )
November 4, 2009 Opinion or Order Filing 38 ORDER: On or before 11/23/09 the parties shall serve Rule 33 interrogatories, Rule 34 requests for documents and Rule 26(a)(1) mandatory disclosures. On or before 12/2/09, the parties shall file a proposed confidentiality order or shall advise the Court that they cannot agree upon such an order. A Telephone Conference is set for 1/7/2009 at 11:00 AM before Magistrate Judge George H. Lowe. Amended Pleadings due by 3/18/2010. Joinder of Parties due by 1/13/2010. A Uniform Pretrial Scheduling Order otherwise is deferred. Signed by Magistrate Judge George H. Lowe on 11/4/09. (dmf)
November 2, 2009 TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Initial Pretrial Conference held on 11/2/2009. Appearances: Edmund Gegan, Esq. for Plaintiff; Jason Koral, Esq. for Defendant. Some initial pretrial deadlines are established, Judge Lowe defers setting all pretrial deadlines at this time. Parties will submit a protective order to Judge Lowe for signature by December 2, 2009. A status conference is scheduled for January 7, 2010 at 11:00 AM. An order will be issued. (Tape #235) (rjb, )
October 29, 2009 TEXT NOTICE of Hearing: Initial Conference set for 11/2/2009 at 10:00 AM before Magistrate Judge George H. Lowe. Plaintiff's attorney is responsible for initiating the call, using a teleconferencing service, and should call the chambers of Magistrate Judge George H. Lowe at (315) 234-8618, a dedicated conference line which may not be used for other purposes.(rjb, )
October 21, 2009 Filing 37 STATUS REPORT Regarding Completion of Discovery by Rescuecom Corporation. (Gegan, Edmund)
October 16, 2009 Filing 36 Letter Motion from Plaintiff's Counsel for Rescuecom Corporation requesting Extenstion of time to submit joint status report submitted to Judge Norman Mordue. (Gegan, Edmund)
October 16, 2009 Opinion or Order TEXT ORDER granting the 36 Letter Motion from Plaintiff's Counsel for Rescuecom Corporation requesting Extenstion of time to submit joint status report. Status Report due by 10/21/2009. Endorsed by Chief Judge Norman A. Mordue on 10/16/09. (jlr)
October 5, 2009 TEXT NOTICE - Counsel is directed to file a status report to Chief Judge Mordue outlining a schedule for completion of any outstading discovery, etc. This Joint Status Report shall be filed on or before 10/16/09. Judge Mordue will enter a scheduling order based on the status report. (jlr/sr)
July 31, 2009 Filing 35 CERTIFICATE OF SERVICE by Rescuecom Corporation re 34 Answer to Counterclaim (Gegan, Edmund)
July 31, 2009 Filing 34 ANSWER to 33 Answer to Complaint, Counterclaim of Counterclaim Plaintiff Google, Inc. by Rescuecom Corporation.(Gegan, Edmund)
May 29, 2009 Filing 33 ANSWER to 1 Complaint with Jury Demand, COUNTERCLAIM against Rescuecom Corporation by Google, Inc..(Barenholtz, Celia)
May 29, 2009 Opinion or Order Filing 32 ORDER granting 30 Motion for Limited Admission Pro Hac Vice as to Michael G. Rhodes. Signed by Magistrate Judge George H. Lowe on 5/29/09. (rjb, )
May 27, 2009 Filing 31 NOTICE of Appearance by Jason M. Koral on behalf of Google, Inc. (Koral, Jason)
May 27, 2009 Filing 30 MOTION for Limited Admission Pro Hac Vice of Michael G. Rhodes Filing fee $30, receipt number 02060000000001301190. filed by Google, Inc.. Motions referred to George H. Lowe. (Barenholtz, Celia)
May 27, 2009 Opinion or Order TEXT ORDER Granting the 29 Letter Motion from Shawn Patrick Regan for Google, Inc. requesting Removal of Hunton & Williams LLP from the Court's docket. Endorsed by Chief Judge Mordue. (jlr/sr)
May 26, 2009 Filing 29 Request / Letter Motion from Shawn Patrick Regan for Google, Inc. requesting Removal of Hunton & Williams LLP from the Court's docket submitted to Judge Mordue. (Regan, Shawn)
May 22, 2009 Opinion or Order TEXT ORDER approving the 28 Stipulation, Answer due date updated for Google, Inc. - answer due 5/29/2009. SO ORDERED by Magistrate Judge George H. Lowe on 5/22/09. (rjb, )
May 20, 2009 Filing 28 STIPULATION to Extend Time to Answer Complaint by Rescuecom Corporation, Google, Inc. submitted to Judge Hon. Norman A. Mordue. (Kleine, Benjamin)
May 20, 2009 Filing 27 NOTICE of Appearance by Celia G. Barenholtz on behalf of Google, Inc. (Barenholtz, Celia)
May 20, 2009 Filing 26 NOTICE of Appearance by Benjamin H. Kleine on behalf of Google, Inc. (Kleine, Benjamin)
April 30, 2009 Filing 25 MANDATE of USCA, issued 4/24/09, as to 21 Notice of Appeal filed by Rescuecom Corporation; VACATING judgment of the district court and REMANDING in accordance w/attached slip opinion. (Attachments: # 1 slip opinion)(cbm )
February 13, 2007 Filing 24 ELECTRONIC CERTIFICATION to US Court of Appeals of Record on Appeal re 21 Notice of Appeal (dmf) Additional attachment(s) added on 2/13/2007 (dmf, ).
November 7, 2006 USCA Case Number is 06-4881-cv for 21 Notice of Appeal filed by Rescuecom Corporation. (cbm, )
October 23, 2006 Filing 23 ELECTRONIC NOTICE: sent to US Court of Appeals, Re: the # 21 Notice of Appeal. (jmb)
October 23, 2006 USCA Appeal Fees received $ 455 receipt number SYR9295 re 21 Notice of Appeal filed by Rescuecom Corporation, (alh)
October 20, 2006 Filing 22 AFFIDAVIT re 21 Notice of Appeal affidvavit of service by Rescuecom Corporation. (Gegan, Edmund)
October 20, 2006 Filing 21 NOTICE OF APPEAL as to 20 Judgment, 19 Order on Motion to Dismiss by Rescuecom Corporation. (Gegan, Edmund)
September 28, 2006 Filing 20 JUDGMENT in favor of Defendant against Plaintiff (jlr/sr)
September 28, 2006 Opinion or Order Filing 19 ORDERED that defendant's 3 Motion to Dismiss is Granted; that Counts I, II, and III are dismissed with prejudice; and that Counts IV, V, and VI are dismissed without prejudice. Signed by Judge Norman A. Mordue on 9/28/06. (jlr/sr)
June 5, 2006 Filing 18 LETTER BRIEF / Letter Brief Providing to the Court Supplemental Case Authority of two recent decisions with regards to Google's Motion to Dismiss Pending before Judge Mordue by Google, Inc.. (Regan, Shawn)
April 3, 2006 Filing 17 LETTER BRIEF by Rescuecom Corporation. (Attachments: # 1 Supplement case law)(Gegan, Edmund)
March 31, 2006 Filing 16 LETTER BRIEF / Letter Brief Providing to the Court Supplemental Case Authority of a new case with regards to Google's Motion to Dismiss Pending before Judge Mordue by Google, Inc.. (Regan, Shawn)
October 19, 2005 Filing 15 REPLY to Response to Motion re 3 MOTION to Dismiss / NOTICE OF MOTION Reply Memorandum of Law in Further Support of Defendant Google Inc.'s Motion to Dismiss filed by Google, Inc.. (Attachments: # 1 Exhibit(s) Search King, Inc. v. Google Technology, Inc., No. CIV-02-1457, 2003 WL 21464568 (W.D. Okla. May 27, 2003))(Regan, Shawn)
September 21, 2005 Filing 14 MEMORANDUM OF LAW re 3 Motion to Dismiss, amended regarding typographical error in case number filed by Rescuecom Corporation. (Attachments: # 1 Affidavit of service (amended))(Gegan, Edmund)
September 19, 2005 Filing 13 LETTER BRIEF enclosing recent electronically published decision by Rescuecom Corporation. (Attachments: # 1 Supplement Electronically published decision)(Gegan, Edmund)
September 19, 2005 Filing 12 MEMORANDUM OF LAW re 3 Motion to Dismiss, filed by Rescuecom Corporation. (Attachments: # 1 Supplement Electronically published decision# 2 Supplement Electronically published decision# 3 Affidavit of service)(Gegan, Edmund)
September 12, 2005 TEXT NOTICE of Hearing on Motion. At the joint request of counsel the 3 MOTION to Dismiss Hearing has been reset for 11/2/2005 before Judge Norman A. Mordue. The motion will be taken on submit with no appearances necessary. Parties are directed to file a courtesy copy of the motion papers to Judge Mordue's chambers. Response to Motion due by 9/26/2005; Reply to Response to Motion due by 10/19/2005. (jlm)
September 8, 2005 Filing 11 Letter from Plaintiff's counsel for Rescuecom Corporation requesting New deadline for submission of responding and reply brief on motion to dismiss submitted to Judge Mordue. (Gegan, Edmund)
February 7, 2005 TEXT ORDER Granting the 10 Joint Letter Request filed by Edmund J. Gegan, Esq for Rescuecom Corporation to extend time to file reply papers pending the VA District Court Decision (1:04-cv-507 EDVA). The parties are directed to notify Judge Mordue's chambers promptly when the decision has been rendered and a new date to file reply papers will be set. Endorsed by Law Clerk of Judge Norman A. Mordue on 2/7/05. (jlm)
January 19, 2005 Filing 10 Letter from Edmund J. Gegan for Rescuecom Corporation requesting extension of time on consent. (Gegan, Edmund)
January 7, 2005 Opinion or Order Filing 9 ORDER granting 8 Letter Request filed by Rescuecom Corporation, Initial Status Conf. is adjourned w/o date. Signed by Judge George H. Lowe on 1/6/05. (lmp)
January 3, 2005 Filing 8 Letter from Edmund J. Gegan for Rescuecom Corporation requesting Extension of Initial Conference and submission of Civil Case Management Plan On consent of counsel for Google, Inc.. (Gegan, Edmund)
December 17, 2004 TEXT NOTICE of Hearing on Motion Granting the 7 Letter request for an exention of time for the 3 MOTION to Dismiss. The court notes that the year in the request is 2004 but should be 2005. The new deadlines are as follows: Response to Motion due by 1/21/2005; Reply to Response to Motion due by 2/11/2005. Motion Hearing reset for 2/16/2005 before Judge Norman A. Mordue. The Motion will remain on submit.(jlm)
December 16, 2004 Filing 7 Letter from Edmund J. Gegan for Rescuecom Corporation requesting Extension of time for service of responding and reply papers on Google, Inc.'s motion to dismiss. (Gegan, Edmund)
November 30, 2004 TEXT NOTICE BY CLERK; Pursuant to Judge Mordue's granting counsel's request for extension of deadlines (document 6 ) the 3 MOTION to Dismiss has been taken on SUBMIT for 1/19/05; Response to Motion due by 12/17/2004 Reply to Response to Motion due by 1/7/2004. Parties need not appear for oral argument on that date(kcl, ) Modified on 12/7/2004 (kcl, ).
November 30, 2004 Opinion or Order Filing 6 ORDER: approving Letter Reqeuest for an extension of motion response and reply deadlines, Re: 3 MOTION to Dismiss / NOTICE OF MOTION: Response to Motion deadline reset to 12/17/2004 Reply to Response to Motion deadline reset to 1/7/2005. (Signed by Judge Norman A. Mordue on 11/30/04) (jmb)
November 24, 2004 Filing 5 Letter from Counsel to Plaintiff for Rescuecom Corporation requesting extension of time to serve response and reply papers on motion to dismiss. (Gegan, Edmund)
November 19, 2004 TEXT ONLY NOTICE BY CLERK re 3 MOTION to Dismiss; Clerk advises parties that the 3 Motion has been taken on submit for 12/15/04, parties need not appear for oral argument on that date; Parties are asked to submit courtesy copies of the motion and any responding papers to the Chambers of Judge Mordue(kcl, )
November 8, 2004 Filing 4 FRCP 7.1 DISCLOSURE STATEMENT by Google, Inc.. (Regan, Shawn)
November 8, 2004 Filing 3 MOTION to Dismiss / NOTICE OF MOTION Motion Hearing set for 12/15/2004 10:00 AM in Syracuse before Judge Norman A. Mordue. Response to Motion due by 11/29/2004 Reply to Response to Motion due by 12/6/2004. by Google, Inc.. (Attachments: # 1 Memorandum of Law in Support of Defendant Google Inc.'s Motion to Dismiss# 2 Declaration of Shawn Patrick Regan in Support of Defendant Google Inc.'s Motion to Dismiss# 3 Exhibit A to Regan Declaration)(Regan, Shawn)
September 7, 2004 Filing 2 G.O. 25 FILING ORDER ISSUED Initial Conference set for 1/18/2005 02:00 PM in Syracuse before Magistrate Judge George H. Lowe. Civil Case Management Plan due by 1/10/2005. (alh, )
September 7, 2004 Filing 1 COMPLAINT against Google, Inc. ( Filing fee $ 150 receipt number SYR45.), filed by Rescuecom Corporation.(alh, )
September 7, 2004 Summons Issued as to Google, Inc.. (alh, )

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Plaintiff: Rescuecom Corporation
Represented By: Edmund J. Gegan
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Defendant: Google, Inc.
Represented By: Shawn P. Regan
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