Vulcan Golf, LLC v. Google Inc. et al

Filing 61

MEMORANDUM by Google Inc. in support of motion to dismiss 58 (Attachments: # 1 Appendix A)(Moran, Mariah)

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Vulcan Golf, LLC v. Google Inc. et al Doc. 61 Att. 1 Case 1:07-cv-03371 Document 61-2 Filed 08/10/2007 Page 1 of 1 Appendix A: Chart of Claims with Key Grounds for Dismissal Count 1 2 3 4 5 6 7 8 9 10 Cause of Action RICO RICO Cybersquatting Trademark Infringement False Designation of Origin Trademark Dilution State Law Deceptive Trade Practices Declaratory Judgment Common Law Trademark Violation Contributory Trademark Infringement Intentional Interference with Current and Prospective Economic Advantage Unjust Enrichment Key Ground for Dismissal No standing under wire and mail fraud statutes. No standing under wire and mail fraud statutes. 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 Vulcan's mark is famous. Lack of subject matter jurisdiction; same grounds for dismissal as Lanham Act claims. Redundant with Vulcan's other claims for relief. Lack of subject matter jurisdiction; same grounds for dismissal as Lanham Act claims. No allegation that Google knew or should have known of trademark infringement. Lack of subject matter jurisdiction; no allegation of a business expectancy or contract with a specific third party. Lack of subject matter jurisdiction; pleaded alongside legal remedies. 11 12 Dockets.Justia.com

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