Video Professor, Inc. v. Amazon.com, Inc.

Filing 24

AMENDED 20 Scheduling Order Undisputed Facts by Plaintiff Video Professor, Inc., Defendant Amazon.com, Inc.. (Levy, Marc)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:09-CV-00636-REB-KLM VIDEO PROFESSOR, INC. Plaintiff, v. AMAZON.COM, INC. Defendant.

AMENDED UNDISPUTED FACTS In accordance with the Scheduling Order (Doc. No. 20), entered July 9, 2009, the Parties supplement Section 4 of the Scheduling Order entitled " ndisputed Facts"by substituting the U fo llo wing for the current Section 4 contained in the Scheduling Order: 4. UNDISPUTED FACTS 1. From September 28, 2007, until April 15, 2009, (the " elevant Period", R ) Amazon.co m placed bids with Google for the keyword " ideo professor"to trigger an Amazon v advert isement (an " mazon Ad". A ) [VPI reserves the right to argue that the Relevant Period may be longer based on facts adduced through discovery.] 2. An example of the Amazon Ad read as follows: Save at Amazon Low prices on popular products Qualified orders over $25 ship free Amazon.co m 3. During the Relevant Period, if a person typed the words " ideo professor"in the v

search box in the Google search engine and Amazon won its bid for " ideo professor,"an v Amazon Ad would appear under a heading identified as " ponsored Links." S 4. When a person clicked on an Amazon Ad during the Relevant Period, the person was taken to a landing page on the Amazon.com website. 5. During the Relevant Period, Video Professor products were available for sale fro m resellers on the Amazon.com website. 6. At times during the Relevant Period, the landing page presented Video Professor products as well as other products, including " ro fessor Teaches"products, available for sale P fro m resellers on the Amazon.com website. 7. " rofessor Teaches"products are not products of VPI. P 8. Amazon is the registrant and owner of the domain name www.amazon.co m. Respect fully submitted this 20th day of August 2009.

s/Gregory C. Smith Gregory C. Smith Fairfield & Woods, P.C. 1700 Lincoln Street, Suite 2400 Denver, Colorado 80203 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorney for Plaintiff Video Professor, Inc.

s/Marc C. Levy Marc C. Levy FAEGRE & BENSON, LLP 1700 Lincoln Street, Suite 3200 Denver, Colorado 80203 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorney for Defendant Amazon.com, Inc.

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CERTIFICATE OF SERVICE I hereby certify that on August 20, 2009, I electronically filed the AMENDED UNDISPUTED FACTS with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following persons at the given email addresses: Gregory C. Smith Fairfield & Woods, P.C. 1700 Lincoln Street, Suite 2400 Denver, CO 80203 Email: [e-mail] s/Lori E. True

fb.us.4337553.01

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