Gibson Guitar Corp. v. Ebay Inc., et al

Filing 3

Filed Appellant Ebay Inc. Mediation Questionnaire. Served on 12/22/2010. [7590394] (JN)

Gibson Guitar Corp. v. Ebay Inc., et al

Doc. 3

C 5/00) A-11 (rev. ase 2:10-cv-08884-RGK -RZ Document 65

Filed 12/22/10 Page 1 of 2 Page ID #:1602of 2 Page 1
USCA DOCKET # (IF KNOWN)

Form 6. Civil Appeals Docketing Statement

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CIVIL APPEALS DOCKETING STATEMENT
PLEASE ATTACH ADDITIONAL PAGES IF NECESSARY. TITLE IN FULL: DISTRICT:

Central California

JUDGE:

R. Gary Klausner

GIBSON GUITAR CORP., a Delaware Corporation, Plaintiff v. WOWWEE USA. INC., a Delaware Corporation, et. al. Defendants

DISTRICT COURT NUMBER: DATE NOTICE OF APPEAL FILED: 12/22/10

CV10-8884 RGK (RZx)
IS THIS A CROSS-APPEAL?

ˇ

YES

IF THIS MATTER HAS BEEN BEFORE THIS COURT PREVIOUSLY, PLEASE PROVIDE THE DOCKET NUMBER AND CITATION (IF ANY):

BRIEF DESCRIPTION OF NATURE OF ACTION AND RESULT BELOW:

Action by Plaintiff on trademark infringement and related claims against Defendant eBay Inc. and multiple other defendants. Gibson's motion for preliminary injunction was granted.
PRINCIPAL ISSUES PROPOSED TO BE RAISED ON APPEAL:

Defendant eBay Inc. seeks reversal of the preliminary injunction because plaintiff is unlikely to succeed on the merits, failed to show irreparable harm and the injunction is unenforceably broad and vague.

ˇ ˇ ˇ ˇ ˇ

DOES THIS APPEAL INVOLVE ANY OF THE FOLLOWING:

Possibility of settlement Likelihood that intervening precedent will control outcome of appeal Likelihood of a motion to expedite or to stay the appeal, or other procedural matters (Specify) Any other information relevant to the inclusion of this case in the Mediation Program

Possibility parties would stipulate to binding award by Appellate Commissioner in lieu of submission to judges

-8-

Effective 7/1/2000

Dockets.Justia.com

Case 2:10-cv-08884-RGK -RZ Document 65 Filed 12/22/10 Page 2 of 2 Page ID #:1603 LOWER COURT INFORMATION Page 2 of 2
JURISDICTION
FEDERAL APPELLATE

DISTRICT COURT DISPOSITION
TYPE OF JUDGMENT/ORDER APPEALED RELIEF

ˇ ˇ ˇ

FEDERAL QUESTION

ˇ ˇ ˇ ˇ

FINAL DECISION OF DISTRICT COURT

DIVERSITY

OTHER

INTERLOCUTORY DECISION APPEALABLE AS OF RIGHT

(SPECIFY):

INTERLOCUTORY ORDER CERTIFIED BY DISTRICT JUDGE (SPECIFY):

ˇ ˇ ˇ ˇ ˇ ˇ ˇ ˇ ˇ

DEFAULT JUDGMENT DISMISSAL/JURISDICTION DISMISSAL/MERITS SUMMARY JUDGMENT JUDGMENT/COURT DECISION JUDGMENT/JURY VERDICT DECLARATORY JUDGMENT JUDGMENT AS A MATTER OF LAW OTHER (SPECIFY):

ˇ ˇ

DAMAGES: SOUGHT $ AWARDED $ INJUNCTIONS:

ˇ ˇ ˇ ˇ

PRELIMINARY PERMANENT GRANTED DENIED

OTHER (SPECIFY):

ˇ ˇ

ATTORNEY FEES: SOUGHT $ AWARDED $ PENDING

Order Granting Preliminary Injunction CERTIFICATION OF COUNSEL
I CERTIFY THAT: 1. COPIES OF ORDER/JUDGMENT APPEALED FROM ARE ATTACHED. 2.

ˇ

COSTS: $

A CURRENT SERVICE LIST OR REPRESENTATION STATEMENT WITH TELEPHONE AND FAX NUMBERS IS ATTACHED (SEE 9TH CIR. RULE 3-2). A COPY OF THIS CIVIL APPEALS DOCKETING STATEMENT WAS SERVED IN COMPLIANCE WITH FRAP 25. I UNDERSTAND THAT FAILURE TO COMPLY WITH THESE FILING REQUIREMENTS MAY RESULT IN SANCTIONS, INCLUDING DISMISSAL OF THIS APPEAL. /s/ Mary T. Huser

3. 4.

12/22/10
Date

Signature

COUNSEL WHO COMPLETED THIS FORM
NAME: FIRM: ADDRESS: E-MAIL:

Mary T. Huser Bingham McCutchen LLP 1900 University Avenue, East Palo Alto, CA 94303 [e-mail] 650-849-4400 650-849-4800
ˇ THIS DOCUMENT SHOULD BE FILED IN THE DISTRICT COURT WITH THE NOTICE OF APPEALˇ ˇ IF FILED LATE, IT SHOULD BE FILED DIRECTLY WITH THE U.S. COURT OF APPEALSˇ

TELEPHONE: FAX:

-9-

Effective 7/1/2000