Ringcentral, Inc. v. Quimby et al
Filing
61
ORDER RE: 58 VACATING HEARING AND REQUESTING FURTHER BRIEFING. Signed by Judge Richard Seeborg on 12/13/10. (rslc3, COURT STAFF) (Filed on 12/13/2010)
<![CDATA[
Ringcentral, Inc. v. Quimby et al
Doc. 61
1 2 3 4 5 6 7 8 9 10
**E-filed 12/13/2010**
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION RINGCENTRAL, INC., v. Plaintiff, No. C 09-2693 RS ORDER VACATING HEARING AND REQUESTING FURTHER BRIEFING
United States District Court
11
For the Northern District of California
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
1
BILL QUIMBY, et al., Defendants. ____________________________________/
The reply papers in support of defendants' motion to set aside the default judgment herein include for the first time evidence and argument that the registration for plaintiff's trademark RINGCENTRAL (Reg. No. 1,914,669) was apparently cancelled in 2006, three years before this action was filed, and that plaintiff represented to the PTO that it first used the mark 1800RINGCENTRAL (Reg. No. 3,550,956) in commerce some three years after defendants registered the domain names www.800ringcentral.com and www.1800ringcentral.com.1 Good cause appearing, the hearing presently scheduled for December 16, 2010, is vacated. No later than
The magistrate judge's Report and Recommendation, adopted by the Court, states that plaintiff established infringement of its "trademarks" in the plural. The Court notes, however, that while the background allegations of the complaint refer to plaintiff's registration of the 1800RINGCENTRAL mark, the charging allegations only assert infringement of the RINGCENTRAL mark.
Dockets.Justia.com
1 2 3 4 5 6 7 8 9 10
December 22, 2010, plaintiff may file a response, not to exceed five pages, exclusive of any nonargumentative declarations and exhibits, addressing these points. Pursuant to Civil Local 7-1(b), the motion to set aside the default judgment will then be taken under submission without oral argument.
IT IS SO ORDERED.
Dated: 12/13/2010 RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE
United States District Court
11
For the Northern District of California
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
