Vulcan Golf, LLC v. Google Inc. et al

Filing 101

MEMORANDUM motion to dismiss 98 by Google Inc. in Support of Motion to Dismiss First Amended Complaint (Attachments: # 1 Appendix A)(Moran, Mariah)

Vulcan Golf, LLC v. Google Inc. et al

Doc. 101 Att. 1

Case 1:07-cv-03371

Document 101-2

Filed 10/18/2007

Page 1 of 1

Appendix A: Google's Chart of Claims with Key Grounds for Dismissal Count 1&2 Cause of Action RICO Key Ground for Dismissal No enterprise; no control; fraud not pleaded with particularity; no pattern; no conspiracy; no reliance; no proximate causation. No allegation that Google owns or operates any allegedly infringing domain names. No allegation that Google knew or should have known of trademark infringement. No allegation that Google uses the domain names "on or in connection with any goods or services." No allegation that Plaintiffs' marks are famous. Same grounds for dismissal as Lanham Act claims. Redundant with Plaintiffs' other claims for relief. Same grounds for dismissal as Lanham Act claims. No allegation that Google knew or should have known of trademark infringement. Plaintiffs' theory of liability was rejected by the Seventh Circuit in the Hard Rock Cafe case. No allegation of a particular business expectancy or contract with a specific third party.

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Cybersquatting Trademark Infringement False Designation of Origin Trademark Dilution State Law Deceptive Trade Practices Declaratory Judgment Common Law Trademark Violation Contributory Trademark Infringement Vicarious Trademark Infringement Intentional Interference with Current and Prospective Economic Advantage Unjust Enrichment Civil Conspiracy

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Based upon inadequately-pleaded allegations of fraud. Based upon inadequately-pleaded allegations of fraud.

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