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

Filing 65

NOTICE re 61 Pretrial Order, 24 Amended Document Withdrawal of Objection Contained in Final Pretrial Order by Plaintiff Video Professor, Inc. (Attachments: # 1 Exhibit Exhibit A)(Lasater, Kieran)

Case 1:09-cv-00636-REB-KLM

Document 24

Filed 08/20/2009

USDC Colorado

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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 "Undisputed Facts" by substituting the following for the current Section 4 contained in the Scheduling Order:

4. UNDISPUTED FACTS 1. From September 28, 2007, until April 15, 2009, (the "Relevant Period"), Amazon.com placed bids with Google for the keyword "video professor" to trigger an Amazon advertisement (an "Amazon Ad").
[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.com

3. During the Relevant Period, if a person typed the words `video professor" in the

EXHIBIT
A

Case 1 :09-cv-00636- REB-KLM

Document 24

Filed 08120/2009

USDC Colorado

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search box in the Google search engine and Amazon won its bid for "video professor," an Amazon Ad would appear under a heading identified as "Sponsored Links." 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 from resellers on the Amazon-corn website. 6. At times during the Relevant Period, the landing page presented Video Professor products as well as other products, including "Professor Teaches" products, available for sale from resellers on the Amazon.com website. 7. "Professor Teaches" products are not products of VPI. 8. Amazon is the registrant and owner of the domain name www.amazon.com.

Respectfully submitted this 20th day of August 2009.

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

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.

Attorney for Plaintiff Video Professor, Inc.

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