Hangingout, Inc. v. Google, Inc.

Filing 12

MOTION for Preliminary Injunction by Hanginout, Inc. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Justin Malone, # 3 Notice of Lodgment of Non-Electronic Exhibits Submitted, # 4 Table of Exhibits to Declaration of Justin Malone, # 5 Exhibit 1 , # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4 , # 9 Exhibit 5 , # 10 Exhibit 6 , # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Exhibit 12, # 17 Exhibit 13, # 18 Exhibit 14, # 19 Exhibit 15, # 20 Exhibit 16, # 21 Exhibit 17 , # 22 Exhibit 18 , # 23 Exhibit 19 , # 24 Exhibit 20, # 25 Exhibit 21, # 26 Exhibit 22, # 27 Exhibit 23, # 28 Exhibit 24 , # 29 Exhibit 25, # 30 Exhibit 26, # 31 Exhibit 27, # 32 Exhibit 28, # 33 Exhibit 29, # 34 Exhibit 30, # 35 Exhibit 31, # 36 Proof of Service)(Skale, Andrew) (Modified to remove excess text on 1/24/2014) (cge).

TABLE OF EXHIBITS TO
DECLARATION OF JUSTIN MALONE IN SUPPORT OF MEMORANDUM OF POINTS
AND AUTHORITIES IN SUPPORT OF PLAINTIFF HANGINOUT’S MOTION FOR
PRELIMINARY INJUNCTION
EXHIBIT
1

DESCRIPTION
Wayback Machine screen capture retrieved January

PAGES
2

15, 2014, depicting Hanginout’s November 2008 use
of the Hanginout logo.
2

Screen capture of a Hanginout Facebook promotion

3, 9, 19

with NFL athlete Shawne Merriman.
3

Hanginout endorsements on Twitter announcing the

19

release of the beta and demo platforms.
4

May 4, 2011 LinkedIn announcement regarding the

3, 19

HANGINOUT platform.
5

Promotional YouTube video for the HANGINOUT

3, 19

platform (on enclosed CD).
6

Tech Cocktail endorsing HANGINOUT platform on

3, 19

Facebook.
7

May 23, 2011 Tech Cocktail Article about

3, 19

Hanginout.
8

Promotional YouTube video for the HANGINOUT

4, 19

platform (on enclosed CD).
9

Carl DeMaio’s website utilizing the HANGINOUT

4, 11

platform (on enclosed CD).
10

AppAnnie overview of the Hanginout Pro

4, 10

Application.
11

Application Details for Mitchie Brusco’s

1

4, 20

EXHIBIT

DESCRIPTION

PAGES

HANGINOUT App.
12

July 19, 2012 ESPN Article Re Mitchie Brusco and

4

Hanginout.
13

iSnoops endorsing Hanginout.

5

14

September 28, 2012 AppAnnie rankings for

5

Hanginout.
15

Twitter message from Sean “Puff Daddy” Combs to

5

J. Malone.
16

USPTO Cancelation Notice for HANGOUT Mark.

5

17

Google Analytic Report for Hanginout’s Audience

5

Overview between September 15, 2012 and
December 23, 2013.
18

Google Analytic Report for Hanginout’s

5, 6, 14

International usage between September 15, 2012 and
December 23, 2013.
19

Google Analytic Report for Hanginout’s United

5, 6, 11, 13

States usage between September 15, 2012 and
December 23, 2013.
20

Google Analytic Report for Hanginout’s California

5, 6, 12, 14

usage between September 15, 2012 and December
23, 2013.
21

USPTO’s Notice of Publications for Hanginout’s

6, 15

Serial Nos. 85674801 and 85674799.
22

Google’s Official Blog article introducing

6

+Hangouts.
23

AppAnnie detailing the release and upgrade dates of
2

7

EXHIBIT

DESCRIPTION

PAGES

Google’s “Hangouts” Application.
24

Screen capture for the top Google search-engine

6, 7

results for “What is Google Hangouts,” retrieved
January 17, 2014.
25

Google’s Trademark Application for “Hangouts”.

26

USPTO’s Suspension Notice for Google’s

7
7, 18, 21

“Hangouts” Application.
27

Google announcing its “Hangout on Air” Q&A

7, 16, 17

Platform.
28

Screen capture, retrieved January 21, 2014, of

12, 14

iTunes’ 2012 and 2013 download statistics for the
Hanginout App, Hanginout Pro, and Hanginout with
Mitch Brusco App.
29

Google’s trademark list.

20

30

Video with celebrity Leon Walker utilizing the

20

HANGINOUT platform (on enclosed CD).
31

Google’s description of its Hangouts Platform

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3

19