Quia Corporation v. Mattel, Inc. et al

Filing 66

ORDER GRANTING REQUEST FOR APPROVAL OF DISCLAIMER FOR ONLINE ADVERTISING. Signed by Judge Jeremy Fogel on 7/1/2010. (jflc3, COURT STAFF) (Filed on 7/1/2010)

Quia Corporation v. Mattel, Inc. et al

Doc. 66

1 **E-Filed 7/1/2010** 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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QUIA CORPORATION, Plaintiff/Counter-Defendant, v.

Case Number C 10-1902 JF (HRL) ORDER1 GRANTING REQUEST FOR APPROVAL OF DISCLAIMER FOR ONLINE ADVERTISING [RE: Dkt. No. 65]

MATTEL, INC. and FISHER-PRICE, INC.,

Defendants/Counter-Plaintiffs.

On June 15, 2010, the Court denied Plaintiff's motion for preliminary injunction on the condition that Defendants include the following disclaimer on all of their proprietary websites where iXL is and will be offered for sale and in all of their first-party advertising for the iXL and iXL software: Fisher-Price's iXL Learning System and related software bear no relationship to IXL, "The Web's #1 Math Practice Site," owned and operated by Quia Corporation and accessible at http://www.ixl.com. June 15 Order at 18. On June 28, 2010, Defendants filed a notice of compliance and a request

This disposition is not designated for publication in the official reports.

C a s e Number C 10-1902 JF (HRL) O R D E R GRANTING REQUEST FOR APPROVAL OF DISCLAIMER FOR ONLINE ADVERTISING (JFLC3)

Dockets.Justia.com

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for approval of the following revision of the disclaimer in the Court's order: Fisher-Price's iXL Learning System and related software bear no relationship to the IXL Online "Math Practice Site," owned and operated by Quia Corporation and accessible at http://www.ixl.com. Dkt. No. 65 at 1. The Court approves of Defendants' revision, particularly in light of the deposition testimony of Plaintiff's president indicating that the characterization of IXL as "The Web's #1 Math Practice Site" is based only on the president's opinion. See id. at 1 (citing Mishkin Depo. 49:6-52:15). IT IS SO ORDERED.

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C a s e Number C 10-1902 JF (HRL) O R D E R GRANTING REQUEST FOR APPROVAL OF DISCLAIMER FOR ONLINE ADVERTISING (JFLC3)

DATED: July 1, 2010

______________________ JEREMY FOGEL United States District Judge