FreecycleSunnyvale v. The Freecycle Network

Filing 77

Proposed Order re 76 Corrected Notice of Motion and Motion for Summary Judgment, or in the Alternative, Summary Adjucation, on FreecycleSunnyvale's First Claim for Relief and the Freecyle Network's Counterclaims Corrected [Proposed] Order by FreecycleSunnyvale. (Corgill, Dennis) (Filed on 7/19/2007) Modified on 7/20/2007 (cp, COURT STAFF).

FreecycleSunnyvale v. The Freecycle Network

Doc. 77

Case 4:06-cv-00324-CW

Document 77

Filed 07/19/2007

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MAYER, BROWN, ROWE & MAW LLP Ian N. Feinberg (SBN 88324) [e-mail] Dennis S. Corgill (SBN 103429) [e-mail] Eric B. Evans (SBN 232476) [e-mail] Two Palo Alto Square, Suite 300 3000 El Camino Real Palo Alto, CA 94306-2112 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff FREECYCLESUNNYVALE, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OAKLAND DIVISION FREECYCLESUNNYVALE, a California unincorporated association, Plaintiff, v. THE FREECYCLE NETWORK, an Arizona corporation, Defendant. AND RELATED COUNTERCLAIMS Case No. C06-00324 CW CORRECTED [PROPOSED] ORDER GRANTING SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION, ON FREECYCLESUNNYVALE'S FIRST CLAIM FOR RELIEF AND THE FREECYCLE NETWORK'S COUNTERCLAIMS Date: Time: Before: Location: August 23, 2007 2:00 p.m. Hon. Claudia Wilken Courtroom 2

[PROPOSED] ORDER DISMISSING/STRIKING COUNTERCLAIMS CASE NO. C06-00324 CW

Dockets.Justia.com

Case 4:06-cv-00324-CW

Document 77

Filed 07/19/2007

Page 2 of 2

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44038062.2

On August 23, 2007, Plaintiff and Counterdefendant FreecycleSunnyvale's Motion for Summary Judgment, or In the Alternative, Summary Adjudication, on FreecycleSunnyvale's First Claim for Relief and The Freecycle Network's Counterclaims came on for hearing before this Court. Having considered all papers filed in support of and in opposition to Plaintiff's Motion, and good cause appearing, THE COURT HEREBY FINDS that there is no genuine issue of material fact that TFN engaged in naked licensing and that, as a matter of law, TFN's naked licensing is dispositive of TFN's trademark claims. THE COURT THEREFORE ENTERS SUMMARY JUDGMENT IN FREECYCLESUNNYVALE'S FAVOR on FreecycleSunnyvale's First Claim for Relief (Declaratory Judgment of Non-Infringement of Trademarks); TFN's [First] Counterclaim for Trademark Infringement under the Lanham Act; TFN's [Second] Counterclaim for Unfair Competition under the Lanham Act; and TFN's [Third] Counterclaim for Unfair Competition under the California Business and Professional [sic] Code. IT IS SO ORDERED. Dated: ___________________ ____________________________________ Honorable Claudia Wilken United States District Court Judge Northern District of California

[PROPOSED] ORDER DISMISSING/STRIKING COUNTERCLAIMS CASE NO. C06-00324 CW