Hangingout, Inc. v. Google, Inc.

Filing 30

RESPONSE in Opposition re 12 MOTION for Preliminary Injunction filed by Google, Inc.. (Attachments: # 1 Notice of Lodgment of Non-Electronic Exhibits, # 2 Declaration of Andrew Abrams, # 3 Table of Exhibits, # 4 Exhibit 1, # 5 Declaration of Serge Lachapelle, # 6 Declaration of Margret Caruso, # 7 Table of Exhibits, # 8 Exhibit 1, # 9 Exhibit 2, # 10 Exhibit 3, # 11 Exhibit 4, # 12 Exhibit 5, # 13 Exhibit 6, # 14 Exhibit 7, # 15 Exhibit 8, # 16 Exhibit 9, # 17 Declaration of Matthew Leske, # 18 Table of Exhibits, # 19 Exhibit 1, # 20 Exhibit 2, # 21 Exhibit 3, # 22 Exhibit 4, # 23 Declaration of Ellery Long, # 24 Table of Exhibits, # 25 Exhibit 1, # 26 Exhibit 2, # 27 Exhibit 3, # 28 Exhibit 4, # 29 Exhibit 5, # 30 Proof of Service)(Caruso, Margaret) (cxl).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP

Margret M. Caruso (Bar No. 243473)
Cheryl A. Galvin (Bar No. 252262)
555 Twin Dolphin Drive, 5th Floor
 Redwood Shores, California 94065-2139
Telephone: [phone]
 Facsimile: [phone]
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 Attorneys for Defendant Google Inc.
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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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 HANGINOUT, INC.,

CASE NO. 13-CV-2811 AJB NLS

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DECLARATION OF ELLERY
LONG IN SUPPORT OF
GOOGLE’S OPPOSITION TO
HANGINOUT’S MOTION FOR
PRELIMINARY INJUNCTION

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Plaintiff,
vs.

 GOOGLE INC.,




Defendant.

Date: April 25, 2014
Time: 2:00 p.m.
Courtroom 3B
Judge: Hon. Anthony J. Battaglia

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Case No. 13-CV-10742811 AJB NLS
-1DECLARATION OF ELLERY LONG ISO GOOGLE’S OPPOSITION TO HANGINOUT’S MOTION FOR PI

1

DECLARATION OF ELLERY LONG

2

I, Ellery Long, hereby declare:

3

1.

I am currently employed by Google Inc. (“Google”) as the product

4 marketing manager of Hangouts, Google’s video conferencing and messaging
5 product. I make this declaration in support of Google’s Opposition to Hanginout’s
6 Motion For Preliminary Injunction. I am over the age of eighteen. I know the facts
7 stated herein of my own personal knowledge. If called to testify as a witness about
8 them, I could and would do so competently and under oath.
9

2.

As part of my duties as product marketing manager, I am familiar with,

10 and have access to records regarding, Google’s marketing and advertising of
11 Hangouts and the press attention it has received. I have reviewed those records in
12 connection with preparing this declaration.
13 Third Party Press Concerning The Launch of Hangouts in June 2011
14

3.

According to records that Google maintains in the normal course of its

15 business, within a day of Google’s announcement of Hangouts on June 28, 2011,
16 numerous articles about Hangouts appeared in major U.S. news, business, and
17 technology outlets, including The New York Times, NBC News, CNN, Fox News,
18 Bloomberg Businessweek, Computer World, Rolling Stone, and PC Magazine, as
19 well as on top technology websites such as Search Engine Land, CNet, TechCrunch,
20 Mashable, DVICE, The Next Web, AllThingsD, Gizmodo, The Wire, and Engadget.
21

Attached as Exhibit 1 are true and correct printouts of these articles. Attached as

22 Exhibit 2 is a copy of the video “Explore Hangouts” that is embedded in some of
23 these articles.
24 Selected Prominent Uses of Hangouts and Hangouts On Air
25

4.

On October 8, 2011, the Dalai Lama and Bishop Desmond Tutu

26 participated in a Hangout On Air, a recording of which can be found at
27 https://www.youtube.com/watch?v=1_HqVFEzY2U&noredirect=1. According to
28 records Google maintains in the normal course of its business, that recording has
Case No. 13-CV-10742811 AJB NLS
-2DECLARATION OF ELLERY LONG ISO GOOGLE’S OPPOSITION TO HANGINOUT’S MOTION FOR PI

1 received more than 80,500 views. Attached as Exhibit 3 is a recording of the
2 Hangout On Air found at that URL. Attached as Exhibit 4 is a true and correct copy
3 of a printout of the screen showing the recording of the Hangout On Air on
4 YouTube.
5

5.

According to records Google maintains in the ordinary course of

6 business, more than

million Hangouts On Air have been initiated by users since it

7 launched.
8

6.

Good Morning America recently began using Hangouts as part of its

9 #socialsquare studio to allow viewers to more directly participate in its live
10 broadcast. The Huffington Post has also developed dedicated studio space for
11 Hangouts as part of its HuffPost Live site.
12

7.

On November 23, 2013, the popular music group One Direction

13 promoted #1Dday, during which it asked fans to celebrate their love of One
14 Direction. Part of #1Dday included One Direction meeting fans via Hangouts.
15

According to records Google maintains in the ordinary course of business, there

16 were more than 700,000 live viewers of the event and more than 10 million views of
17 the event recording, which together amounted to more than 400 years of watch time.
18 Google’s Advertising of Hangouts
19

8.

Hangouts has been featured in advertising for Google since the product

20 launched in June 2011. According to records that Google maintains in the normal
21 course of its business, Google has spent over $

million on advertising that has

22 featured Hangouts.
23

9.

24 than $

From 2011, when Hangouts launched, to mid-2012, Google spent more
million on digital and television advertising for Hangouts, according to

25 Google’s records.
26

10.

In late 2012, Google ran a Hangouts advertisement called “Jess Time”

27 on television and in digital media. The Jess Time advertisement features a father
28 and his daughter, a college freshman, using Hangouts to stay close while she’s away
Case No. 13-CV-10742811 AJB NLS
-3DECLARATION OF ELLERY LONG ISO GOOGLE’S OPPOSITION TO HANGINOUT’S MOTION FOR PI

1 at school. Attached as Exhibit 5 is a true and correct copy of that advertisement,
2 which can be found at https://www.youtube.com/watch?v=w1sT7QV8nfU. Records
3 that Google maintains in the normal course of its business show that that the Jess
4 Time advertisement ran more than 400 times nationwide on all major broadcast and
5 cable networks from September to December 2012. Running those ads cost over
6 $

million. That ad also ran on other, non-Google websites, which cost Google

7 over $ million.
8

11.

For the second quarter of 2014 alone, Google has budgeted more than

9 $ million to spend on advertising specific to Hangouts. This budget does not
10 include other Google advertising that may feature Hangouts as part of multiple
11 Google product offerings
12

12.

As product marketing manager for Hangouts, I strongly believe that

13 Google will be irreparably harmed if it is ordered to rebrand Hangouts, or any
14 features of Hangouts. Google is competing with other real time communications
15 products in the market right now. Google currently benefits from almost three years
16 of goodwill that has accrued in the Hangouts name due to Google’s extensive
17 marketing and advertising efforts and its high-profile public Hangouts. Rebranding
18 the Hangouts product would severely diminish, if not eliminate, that goodwill. It
19 would also affect all of our partners that use and rely on Hangouts. This includes
20 Coursera, a provider of online education that uses Hangouts to provide courses from
21 professors from institutions including Stanford University, University of Virginia,
22 and Johns Hopkins University.
23

13.

Until I became aware of this lawsuit, I had never heard of Plaintiff

24 Hanginout or its app.
25
26
27
28
Case No. 13-CV-10742811 AJB NLS
-4DECLARATION OF ELLERY LONG ISO GOOGLE’S OPPOSITION TO HANGINOUT’S MOTION FOR PI