CollegeNET, Inc. v. Google Inc.
CollegeNet, Inc. filed a trademark infringement lawsuit against Google over the term âSpeedbook," reportedly the upcoming name of Google's still unreleased tablet computer. CollegeNet obtained a trademark registration for from the USPTO on Feb. 4, 2003 (Reg. No. 2,683,921) for 'Speedbook.'
| CollegeNET, Inc. |
| Google Inc. |
| 3:2010cv01211 |
| October 4, 2010 |
| U.S. District Court for the District of Oregon |
| Portland Office |
| Dennis J. Hubel |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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| Filing 49 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 11/1/2010 before Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number 503-326-8188. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 12/2/2010. Redaction Request due 12/13/2010. Redacted Transcript Deadline set for 12/23/2010. Release of Transcript Restriction set for 2/22/2011. (Shumway, Bonita) |
Filing 48
ORDER: Motion to Expedite/Accelerate 35 , Motion for a Preliminary Injunction 11 , Motion to Dismiss 19 , and Motion to Expedite/Accelerate 2 are DENIED with leave to review. Order STRIKING the Preliminary Injunction Hearing set for 12/15/2010. Ordered by Judge Michael W. Mosman. (dls)
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Filing 47
ORDER STAYING ACTION. Signed on 11/10/2010 by Judge Michael W. Mosman. (dls)
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| Filing 46 Response Plaintiff's Opposition to Defendant's Motion to Expedite Discovery to Motion to Expedite or Accelerate Discovery 35 Oral Argument requested. Filed by CollegeNET, Inc.. (Matesky, Michael) |
| Filing 45 Stipulated Order. Signed on 11/2/2010 by Judge Michael W. Mosman. (dls) |
| Filing 44 MINUTES of Proceedings: Motion Hearing Held. The parties are to contact Dawn Stephens on November 8, 2010, with parties' position regarding ruling on the merits. Michael Zachary and Robert J. Carlson present as counsel for plaintiff(s). Kenneth R. Davis, II and Margret M. Caruso present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael W. Mosman presiding. (Related document(s): Motion to Expedite 35 .) (dls) |
| Filing 43 Supplemental Declaration of Andrew Rubin in Support of Defendant's Motion to Dismiss. Filed by Google Inc.. (Related document(s): Motion to Dismiss 19 .) (Davis, Kenneth) |
| Filing 42 Notice of Appearance of Parna A. Mehrbani appearing on behalf of Google Inc. [Defendant Google Inc.'s Notice of Appearance of Counsel] Filed by on behalf of Google Inc. (Mehrbani, Parna) |
| Filing 41 Declaration of Joelle S. Perry in Support of Defendant's Reply in Support of Its Motion to Dismiss. Filed by Google Inc.. (Related document(s): Motion to Dismiss 19 .) (Attachments: # 1 Exhibit) (Caruso, Margret) |
| Filing 40 Reply Memorandum in Support of to Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (6) 19 Oral Argument requested. Filed by Google Inc.. (Caruso, Margret) |
| Filing 39 Declaration of Michael N. Zachary in Support of Plaintiff's Reply in Support of its Motion to Expedite Discovery. Filed by CollegeNET, Inc.. (Related document(s): Reply to Motion 38 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Zachary, Michael) |
| Filing 38 Reply to Motion to Expedite or Accelerate 2 Oral Argument requested. Filed by CollegeNET, Inc.. (Zachary, Michael) |
| Filing 37 Declaration of Margret Caruso in Support of Defendant's Motion to Expedite Discovery. Filed by Google Inc.. (Related document(s): Motion to Expedite 35 .) (Attachments: # 1 Exhibits A-C) (Caruso, Margret) |
| Filing 36 Memorandum in Support of Motion to Expedite Discovery. Filed by Google Inc.. (Related document(s): Motion to Expedite 35 .) (Caruso, Margret) |
| Filing 35 Motion to Expedite or Accelerate Discovery. ORAL ARGUMENT/EXPEDITED HEARING REQUESTED requested. Filed by Google Inc.. (Caruso, Margret) |
| Filing 34 Declaration of Daiva K. Tautvydas in Support of Plaintiff's Opposition to Defendant's Motion to Dismiss. Filed by CollegeNET, Inc.. (Related document(s): Response in Opposition to Motion 32 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Matesky, Michael) |
| Filing 33 Declaration of Michael P. Matesky, II in Support of Plaintiff's Opposition to Defendant's Motion to Dismiss. Filed by CollegeNET, Inc.. (Related document(s): Response in Opposition to Motion 32 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Matesky, Michael) |
| Filing 32 Response in Opposition to Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (6) 19 Oral Argument requested. Filed by CollegeNET, Inc.. (Matesky, Michael) |
| Filing 31 Order for Administrative Correction of the Record regarding Motion Hearing Held 30 . A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. The clerk is directed to change the hearing date from 10/19/2010 to 10/14/2010, the correct hearing date. (dls) |
| Filing 29 Order Granting Application for Special Admission Pro Hac Vice of Margret M. Caruso for Google Inc.. Application Fee in amount of $100 collected. Receipt No. 36435 issued. Signed on 10/18/10 by Magistrate Judge Dennis J. Hubel. (ljl) |
| Filing 28 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 10-14-2010 before Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number 503-326-8188. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/28/2010. Redaction Request due 11/12/2010. Redacted Transcript Deadline set for 11/22/2010. Release of Transcript Restriction set for 1/21/2011. (Shumway, Bonita) |
| Filing 27 Stipulated Proposed Form of Order Submitted. Filed by CollegeNET, Inc.. (Zachary, Michael) |
| Filing 30 MINUTES of Proceedings: Motion Hearing held. The parties have reached an agreement. Formal order to follow. Opposition to Motion to Dismiss 19 is due 10/22/2010. Reply to Motion to Dismiss is due 10/26/2010. Oral Argument set 11/1/2010 at 2:00pm regarding Motion to Dismiss. Brief regarding Discovery due 10/26/2010. Close of Discovery due 11/26/2010. Response to Preliminary Injunction due 12/1/2010. Reply is due 12/8/2010. Oral Argument regarding Preliminary Injunction is set for 12/15/2010, time to be determined later. Michael Zachary, Michael P. Matesky, II, and Robert J. Carlson present as counsel for plaintiff(s). Kenneth R. Davis, II and Margrett Caruso present as counsel for defendant(s). Judge Michael W. Mosman presiding. (Related document(s): Motion to Dismiss 19 .) (dls) Modified on 10/19/2010 (dls). |
| Filing 25 Declaration of Margret M. Caruso in Support of Defendant's Opposition to Plaintiff's Motion to Expedite Discovery and Defendant's Motion to Dismiss. Filed by Google Inc.. (Related document(s): Response in Opposition to Motion, 23 , Motion to Dismiss 19 .) (Attachments: # 1 Exhibits) (Davis, Kenneth) |
| Filing 24 Declaration of Andrew Rubin in Support of Defendant's Opposition to Motion to Expedite Discovery and Defendant's Motion to Dismiss. Filed by Google Inc.. (Related document(s): Response in Opposition to Motion, 23 , Motion to Dismiss 19 .) (Davis, Kenneth) |
| Filing 23 Response in Opposition to Plaintiff's Motion to Expedite Discovery and in the Alternative Defendant's Motion to Expedite Discovery to Motion to Expedite or Accelerate 2 ORAL ARGUMENT requested. Filed by Google Inc.. (Davis, Kenneth) |
| Filing 21 Corporate Disclosure Statement. Filed by Google Inc.. (Davis, Kenneth) |
| Filing 20 Memorandum in Support of Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (6). Filed by Google Inc.. (Related document(s): Motion to Dismiss 19 .) (Davis, Kenneth) |
| Filing 19 Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (6). ORAL ARGUMENT requested. Filed by Google Inc.. (Davis, Kenneth) |
| Filing 26 Declaration of Julia Noonan in Support of Plaintiff's Motion for Preliminary Injunction. FILED UNDER SEAL Filed by CollegeNET, Inc.. (Related document(s): Motion for Preliminary Injunction 11 .) (ecp) (Additional attachment(s) added on 10/15/2010: # 1 Exhibit A - SEALED DOCUMENT, # 2 Exhibit B - Part 1 - SEALED DOCUMENT, # 3 Exhibit B - Part 2 - SEALED DOCUMENT, # 4 Exhibit B - Part 3 - SEALED DOCUMENT, # 5 Exhibit C - SEALED DOCUMENT, # 6 Exhibit D - SEALED DOCUMENT, # 7 Exhibit E - SEALED DOCUMENT, # 8 Exhibit F - SEALED DOCUMENT, # 9 Exhibit G - Part 1 - SEALED DOCUMENT, # 10 Exhibit G - Part 2 - SEALED DOCUMENT, # 11 Exhibit H - SEALED DOCUMENT, # 12 Exhibit I - Part 1 - SEALED DOCUMENT, # 13 Exhibit I - Part 2 - SEALED DOCUMENT, # 14 Exhibit I - Part 3 - SEALED DOCUMENT, # 15 Exhibit I - Part 4 - SEALED DOCUMENT, # 16 Exhibit I - Part 5 - SEALED DOCUMENT, # 17 Exhibit I - Part 6 - SEALED DOCUMENT, # 18 Errata I- Part 7 - SEALED DOCUMENT, # 19 Exhibit I - Part 8 - SEALED DOCUMENT, # 20 Exhibit I - Part 9 - SEALED DOCUMENT, # 21 Exhibit I - Part 10 - SEALED DOCUMENT, # 22 Exhibit J - SEALED DOCUMENT, # 23 Exhibit K - SEALED DOCUMENT, # 24 Exhibit L - SEALED DOCUMENT) (ecp). |
| Filing 22 Declaration of Ed Trachtenbarg in Support of Plaintiff's Motion for Preliminary Injunction. FILED UNDER SEAL Filed by CollegeNET, Inc.. (Related document(s): Motion for Preliminary Injunction 11 .) (ecp) (Additional attachment(s) added on 10/14/2010: # 1 Exhibit A - SEALED DOCUMENT, # 2 Exhibit B - SEALED DOCUMENT) (ecp). |
| Filing 18 Exhibits (filed as Attachment) re Motion for Leave to Appear Pro Hac Vice --Margret Caruso 17 . Filed by Google Inc.. (Davis, Kenneth) |
| Filing 17 Motion for Leave to Appear Pro Hac Vice --Margret Caruso. Filed by Google Inc.. (Davis, Kenneth) Modified on 10/19/2010 (ljl). |
| Filing 16 Scheduling Order by Judge Michael W. Mosman regarding Motion to Expedite or Accelerate 2 , Motion for Preliminary Injunction Expedited Hearing Requested 11 . Oral Argument is set for 10/14/2010 at 02:00PM in Judge Mosman's Courtroom before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (dls) |
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Filing 15
ORDER: GRANTING Unopposed Motion for Leave To File Under Seal (1) Declaration of Ed Trachtenbarg in Support of Plaintiff's Motion for a Preliminary Injunction; and (2) Declaration of Julia Noonan in Support of Plaintiff's Motion for a Preliminary Injunction 10 . Ordered by Judge Michael W. Mosman. (dls)
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| Filing 14 Memorandum in Support of Plaintiff's Motion for a Preliminary Injunction. Filed by CollegeNET, Inc.. (Related document(s): Motion for Preliminary Injunction 11 .) (Zachary, Michael) |
| Filing 13 Declaration of Michael N. Zachary in Support of Plaintiff's Motion for a Preliminary Injunction. Filed by CollegeNET, Inc.. (Related document(s): Motion for Preliminary Injunction 11 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K) (Zachary, Michael) |
| Filing 12 Declaration of Daiva K. Tautvydas in Support of Plaintiff's Motion for a Preliminary Injunction. Filed by CollegeNET, Inc.. (Related document(s): Motion for Preliminary Injunction 11 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H) (Zachary, Michael) |
| Filing 11 Motion for Preliminary Injunction Expedited Hearing Requested. Oral Argument requested. Filed by CollegeNET, Inc.. (Zachary, Michael) |
| Filing 10 Unopposed Motion for Leave To File Under Seal (1) Declaration of Ed Trachtenbarg in Support of Plaintiff's Motion for a Preliminary Injunction; and (2) Declaration of Julia Noonan in Support of Plaintiff's Motion for a Preliminary Injunction. Filed by CollegeNET, Inc.. (Attachments: # 1 Proposed Order) (Zachary, Michael) |
| Filing 9 Order Granting Application for Special Admission Pro Hac Vice of Robert J. Carlson for CollegeNET, Inc.. Application Fee in amount of $100 collected. Receipt No. 36229 issued. Signed on 10/6/2010 by Magistrate Judge Dennis J. Hubel. (ecp) |
| Filing 8 Order - Granting Application for Special Admission Pro Hac Vice of Michael P. Matesky, II for CollegeNET, Inc.. Application Fee in amount of $100 collected. Receipt No. 36229 issued. Signed on 10/6/2010 by Magistrate Judge Dennis J. Hubel. (ecp) |
| Filing 7 Affidavit of Service upon Google Inc. served on 10/4/2010 Filed by CollegeNET, Inc.. (Zachary, Michael) |
| Filing 6 Discovery and Pretrial Scheduling Order and Notice of Case Assignment to Magistrate Judge Dennis J. Hubel. Discovery is to be completed by 2/1/2011. Joint Alternate Dispute Resolution Report is due by 3/3/2011. Pretrial Order is due by 3/3/2011. (cib) |
| Filing 5 Corporate Disclosure Statement. Filed by CollegeNET, Inc.. (cib) |
| Filing 4 Declaration of Michael N. Zachary In Support Of Motion For Expedited Discovery. Filed by CollegeNET, Inc.. (Related document(s): Motion to Expedite 2 .) (Attachments: # 1 Exhibit A,B,C, # 2 Exhibit D,E,F,G,H,I) (cib) |
| Filing 3 Memorandum in Support. Filed by CollegeNET, Inc.. (Related document(s): Motion to Expedite 2 .) (cib) |
| Filing 2 Motion to Expedite Discovery. Expedited Hearing Requested.Oral Argument Requested. Filed by CollegeNET, Inc.. (cib) |
| Filing 1 Complaint. Filing Fee in amount of $350 collected. Receipt No. 36229. Summons issued as to Google Inc. c/o Corporation Service Company, its Registered Agent. Jury Trial Requested: YES.Filed by CollegeNET, Inc. against Google Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for Google Inc) (cib) (Additional attachment(s) added on 10/4/2010: # 3 Exhibit A) (cib). |
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| Plaintiff: CollegeNET, Inc. | |
| Represented By: | Michael N. Zachary |
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