Google Inc. v. American Blind & Wallpaper Factory, Inc.

Filing 14

Attachment 4
DECLARATION of Rose A. Hagan in Opposition to 13 Defendant's Motion to Dismiss or, Alternatively, to Stay filed by Google Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Related document(s)13) (Page, Michael) (Filed on 3/15/2004)

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Google Inc. v. American Blind & Wallpaper Factory, Inc. Doc. 14 Att. 4 Case 5:03-cv-05340-JF Document 14-5 Filed 03/15/2004 Page 1 of 4 EXHIBIT D Dockets.Justia.com Case 5:03-cv-05340-JF Document 14-5 Filed 03/15/2004 Page 2 of 4 American Blinds, Wal1paper & More 7/11/2003 VIA E-MAIL DELIVERY & READ REQUEST Rose A. Hagan Senior Trademark Counsel Google 2400 Bayshore Pkwy Mountain View, CA 94043 Phone: 650- 330- 0100 ext. 1560 Fax: 650-618- 1806 Email: hagan~google.com Re: American Blinds, Wallpaper & More Trademark Claims Ms. Hagan: has purchased advertising keywords from you that are identical or substantially similar to American Blinds , Wallpaper & More ABWM" ) registered trademarks (see attached screenshots). ABWM is hereby notifying you of It has come to our attention that The Blind Factory its trademark infringement claims for prompt resolution. As you probably know, federal and state trademark law protects a trademark owner commercial identity (goodwill, reputation and investment in advertising) by giving such owner the exclusive right to use the trademark for its goods or services. What you may not know is that trademark law also protects the trademark owner from any person or entity that uses a trademark resembles a trademark already in use as to (i. e. keyword, word, name, symbol or device) that so in the marketplace. Furthermore, federal law protects be likely to cause confusion or mistake trademarks that are unregistered. ABWM is the owner of and has the exclusive rights to use the following trademarks registered with the United States Patent and Trademark Office ("USPTO" Mark AMERICAN BLIND & WALLPAPER FACTORY . Number 022 925 1,463 548 . Date 12/17/96 11/3/87 7/17/01 AMERICAN BLIND FACTORY DECORATETODA Y 2,470 542 ABWM is recognized and well known in the home decorating industry and to consumers nationwide as "American Blind" American Wallpaper" and "decoratetoday. " Many of ABWM' s competitors have exploited the notoriety and success of ABWM , and flagrantly SEOKWV10LA TION3HEBLINDF ACTORY.doc 3/15/2004 Page I of3 Case 5:03-cv-05340-JF Document 14-5 Filed 03/15/2004 Page 3 of 4 American Blinds, Wallpaper & More attempted to confuse consumers and capitalize illegally on ABWM' s goodwill and reputation by purchasing identical or substantially similar keywords from search engines. ABWM has been vigilant in defending its marks from infringement and dilution at all costs. As an example Decoratetoday. com , Inc. (d/b/a American Blind and ABWM was awarded in the matter of Accessory Co. , Inc. and Directory One, Inc. Case Wallpaper Factory, Inc.) v. American Blind , a permanent injunction by the United States District Court for the Eastern No. 01- CV- 70804District of Michigan, permanently enjoining the defendants from using ABWM' s "trademarks service marks or the word' American ' in any variation or combination with the word ' Blind' either singular or plural. . 00 We would be glad to send you a copy of the Permanent Injunction Order if you would like to read it in its entirety. Please note that ABWM was successful in defending not only its registered marks , but marks that were confusingly similar thereto. Consequently based upon federal law and precedent, use of the following similar marks by your advertisers constitutes infringement of ABWM' s registered marks: american blind american blind and wallpaper american blind and wallpaper company american blind and wallpaper factory american blind and wallpaper outlet american blind discount american blind wallpaper american blind wallpaper factory american wall covering american wallpaper and blind american wallpaper discount Americanblind Am eri canb lindand wall p aperfactory Americanwallpaper decorate today Decoratetoday decoratetoday . com Decoratetodaycom american blind and wall covering american blind and wallpaper co american blind and wallpaper discount american blind and wallpaper factory discount american blind company american blind factory american blind wallpaper company american home decorating american wallpaper american wallpaper company american wallpaper factory americanb lindfactory. com am eri canhom edeco rating. com am eri can wall pap erfactory. com decorate today discount decorate today. com decoratetoday com decoratetoday. com In light of the foregoing, we request that you immediately cease selling ABWM' s proprietary The Blind Factory and immediately remove the referenced keywords from their program. In the event our request is not complied with in the next 7 days we will have no choice but to involve our legal department. marks and marks similar thereto (as set forth above) to I will follow up with a telephone call tomorrow to answer any questions that you may have and to confirm that you are going to comply with our request. Sincerely, SEOKWV10LA TION- THEBLINDF ACTORY. doc 3/15/2004 Page 2 of3 Case 5:03-cv-05340-JF Document 14-5 Filed 03/15/2004 Page 4 of 4 American Blinds, Wallpaper & More Joe Chamo Vice President Marketing, Advertising & E-Commerce American Blinds, Wallpaper & More 909 N Sheldon Plymouth , MI 48170 SEOKWV10LA T10N THEBLINDFACTORY. doc 3/I 5/2004 Page 3 of3

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