CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA v. SERVIN et al

Filing 23

Unopposed MOTION for Leave to File Excess Pages by CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Mueller, Michael)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
)
)
CHAMBER OF COMMERCE OF THE
)
UNITED STATES OF AMERICA,
)
)
Plaintiff,
)
)
) Case No.: 1:09-cv-02014 - (RWR)
v.
)
JACQUES SERVIN (aka ANDY BICHLBAUM )
)
aka HINGO SEMBRA), IGOR VAMOS (aka
)
MIKE BONANNO), SUPPORT AND
)
COMMITMENT, INC., DAVID SIEVERS,
)
MORGAN GOODWIN, SARAH MURPHY,
)
)
and JOHN and JANE DOES NOS. 1-20,
)
)
Defendants.

PLAINTIFF’S UNOPPOSED MOTION TO EXCEED PAGE LIMIT
Plaintiff, the Chamber of Commerce of the United States of America (the “Chamber”),
by counsel and pursuant to D.C. Local Civ. R. 7(e), respectfully moves for an order granting the
Chamber permission to exceed, by not more than ten pages, the 45-page limitation applicable to
its Opposition to Defendants’ Motion to Dismiss First Amended Complaint. Counsel for the
parties have conferred on this issue, and Defendants do not oppose this Motion. In support of
this Motion, the Chamber states as follows:
1.

On November 6, 2010, the Chamber filed its First Amended Complaint against

the Defendants. The Complaint includes eight counts, including five claims (trademark
infringement, unfair competition, trademark dilution, false advertising and cyberpiracy) under
the Lanham Act, and three state law claims.

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2.

The Chamber’s claims are based, inter alia, upon the Defendants’ use of the

Chamber’s name, registered trademarks, and copyrighted software to masquerade as the
Chamber on the Internet and in the media. For example, Defendants used the Chamber’s
intellectual property in, among other things, fake press releases, a written statement falsely
attributed to the Chamber, and a Web site purporting to belong to the Chamber.
3.

On January 5, 2010, Defendants filed a Motion to Dismiss Plaintiff’s First

Amended Complaint, and a 40-page supporting Memorandum. The Chamber’s Opposition is
due on February 5, 2010.
4.

In addition to arguing that the Chamber purportedly has not pleaded the allegedly

required elements of its claims, Defendants also have raised a lengthy First Amendment defense.
The Defendants’ Memorandum cites or discusses more than 100 cases.
5.

On January 19, 2010, Public Citizen Legal Group filed an amicus curiae brief in

support of the Defendants’ motion to dismiss the Chamber’s trademark and unfair competition
claims. PCLG dedicates its 15-plus-page brief to (1) arguing that the Defendants’ use of the
Chamber’s intellectual property was not “commercial” and, therefore, not subject to liability; and
(2) contesting the Chamber’s assertion of “likelihood of confusion.” Although the Defendants’
Memorandum briefly touches on these issues, Public Citizen’s brief expounds on them.
6.

The Chamber believes that an extension of the page limit is necessary in order to

adequately address the numerous arguments that Defendants have made, as well as the additional
issues raised by Public Citizen. The Chamber believes that it can present its Opposition in 55
pages -- although it will strive to do so in less. A page limit of 55 pages is approximately equal
to the combined total of pages in the Defendants’ Memorandum and Public Citizen’s brief.

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WHEREFORE, the Chamber respectfully requests that the Court grant its Unopposed
Motion to Exceed Page Limit, and allow it to file an Opposition to Defendants’ Motion to
Dismiss of not more than 55 pages.
Dated: February 2, 2010

HUNTON & WILLIAMS, LLP
/s/ Michael J. Mueller_________________
RICHARD L. WYATT, JR.
(D.C. Bar No. 424775)
MICHAEL J. MUELLER
(D.C. Bar No. 412025)
THOMAS M. HUGHES
(D.C. Bar No. 460134)
WILLIAM E. POTTS, JR.
(D.C. Bar No. 945824)
1900 K Street, NW
Washington, DC 20006
Tel: [phone]
Fax: [phone]

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via
electronic mail and U.S. Mail postage pre-paid this 2nd day of February, 2010 upon:

Robert Corn-Revere, Esq.
Davis Wright Tremaine, LLP
1919 Pennsylvania Avenue, N.W., Suite 200
Washington, D.C. 20006
Matthew Zimmerman, Esq.
Electronic Frontier Foundation
454 Shotwell Street
San Francisco, CA 94110
Counsel for Defendants

By: /s/ Michael J. Mueller____________________
Michael J. Mueller

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