Hangingout, Inc. v. Google, Inc.

Filing 9

MOTION to Dismiss for Failure to State a Claim by Google, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Margret M. Caruso, # 3 Exhibit 1 to Caruso Declaration)(Caruso, Margaret)Attorney Margaret M. Caruso added to party Google, Inc.(pty:dft) (kaj).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP

Margret M. Caruso (Bar No. 243473)
Cheryl A. Galvin (Bar No. 252262)
555 Twin Dolphin Drive, 5th Floor
3 Redwood Shores, California 94065-2139
Telephone: [phone]
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5 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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13 HANGINOUT, INC,

Plaintiff,

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vs.

16 GOOGLE INC.,
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Defendant.

CASE NO. 13-CV-2811 JAH NLS
DECLARATION OF MARGRET M.
CARUSO IN SUPPORT OF
GOOGLE’S MOTION TO DISMISS
ORAL ARGUMENT REQUESTED
Date: March 3, 2014
Time: 2:30 p.m.
Courtroom 13B
Judge: Hon. John A. Houston

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Case No. 13-CV-2811 JAH NLS
-1DECLARATION OF MARGRET M. CARUSO IN SUPPORT OF GOOGLE’S MOTION TO DISMISS

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I, Margret M. Caruso, declare as follows:

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I am a member of the bar of the State of California and of this Court,

3 and a partner at Quinn Emanuel Urquhart & Sullivan LLP, attorneys for Google Inc.
4 in this action.

I make this declaration of personal, firsthand knowledge, and if

5 called and sworn as a witness, I could and would testify competently thereto.
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2. Attached as Exhibit 1 is a true and correct copy of the specimens

7 submitted by Hanginout, Inc. to the United States Patent and Trademark Office
8 (“USPTO”) on or around November 25, 2013 as obtained from the Trademark
9 Status and Document Retrieval System (TSDR) found on the USPTO website for
10 the HANGINOUT marks.

The serial numbers for each of the pending trademark

11 applications for the HANGINOUT marks (85674801 and 85674799) were entered
12 into the website form.
13 and printed.

From the list of documents, the specimens were selected

The first printout is the specimen obtained for the HANGINOUT

14 word mark, and the second printout is the specimen obtained for the HANGINOUT
15 design mark.
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I declare under penalty of perjury under the laws of the United States of

17 America that the foregoing is true and correct.
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Executed on January 10, 2014, at Redwood City, California.

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By /s/ Margret M. Caruso
Margret M. Caruso

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Case No. 13-CV-2811 JAH NLS
-2DECLARATION OF MARGRET M. CARUSO IN SUPPORT OF GOOGLE’S MOTION TO DISMISS

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CERTIFICATE OF SERVICE
I hereby certify that on January 10, 2014, I will cause to be filed the foregoing

3 DECLARATION OF MARGRET M. CARUSO IN SUPPORT OF
4 GOOGLE’S MOTION TO DISMISS AND EXHIBIT 1 with the Clerk of the
5 Court using the CM/ECF system, which will then send a notification of such filing
6 to counsel for Plaintiff Hanginout, Inc.
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QUINN EMANUEL URQUHART &
SULLIVAN, LLP

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By /s/ Margret M. Caruso
Margret M. Caruso
Attorneys for Defendant Google Inc.
[e-mail]

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Case No. 13-CV-2811 JAH NLS
-3DECLARATION OF MARGRET M. CARUSO IN SUPPORT OF GOOGLE’S MOTION TO DISMISS