TimesLines, Inc v. Facebook, Inc.

Filing 138

MEMORANDUM by TimesLines, Inc in support of motion in limine 137 No. 6 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Albritton, Douglas)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF ILLINOIS

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EASTERN DIVISION

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TIMELINES, INC.,

)
)

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Plaintiff,

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)

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vs.

) No. 11-CV-6867
)

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FACEBOOK, INC.,

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)

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Defendant.

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______________________________)
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DEPOSITION OF ITAMAR SIMONSON

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Palo Alto, California

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Monday, January 7, 2013

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Volume I

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Reported by:
CARLA SOARES

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CSR No. 5908

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Job No. 1585182

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Pages 1 - 146

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other than you conducted a likelihood of confusion

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survey on behalf of Facebook in this case?

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A

No.

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Q

Were you asked to conduct any other type of

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survey in this case?

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A

No.

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Q

Did you have occasion to suggest that any

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other survey be conducted in this case?

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A

No.

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Q

You previously testified that Facebook's

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counsel retained you to evaluate Dr. Seggev's survey,

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correct?

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A

Yes.

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Q

Did Facebook or its counsel ask you to render

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an opinion on whether "timeline" or "timelines" is a

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generic term?

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A

No.

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Q

Yet in your rebuttal report you state that

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"timelines" is a generic term, correct?

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A

I did.

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Q

On what do you base your statement?

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A

Well, "timeline" is just a word that I've used

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generically many times.

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word is defined.

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any dispute that the word "timeline" is generic.

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I went to dictionaries, and the

I didn't realize that there would be

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A

Okay.

As I said, it is.

You know, I can't

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avoid saying that the word "timeline" seems to me to be

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beyond dispute generic.

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Q

And that's based on what, sir?

Your review of

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a dictionary and just your everyday experience; is that

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right?

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A

And the fact that I've read the word in all

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kinds of contexts many times.

Yeah, I think just -- you

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could say, how do I know that "water" --

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Q

You gave that example.

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A

If I may just complete it.

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Q

Please.

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A

How do I know that "water" is generic?

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Thank you.

Just

my everyday experience.
Q

Sir, you understand that my client has

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federally registered trademarks in the words "Timelines"

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and "Timelines.com," correct?

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A

These are legal issues.

I know that there is

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this thing called incontestable, and I know that

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matters.

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"timeline" is an incontestable registered mark by your

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client.

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For example, you, I guess, would not need to prove

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secondary meaning.

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a legal expert.

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So I'm not sure if in your case the word

If it is, I assume it has certain meanings.

But these are legal terms.

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I'm not

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Q

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Okay.

Thank you.

Did you conduct a genericness survey in this
case, sir?

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A

No.

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Q

Did you conduct a secondary meaning survey in

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this case?

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A

I did not conduct any survey in this case.

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Q

And you testified that you did review

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Dr. Jay's survey; is that right, sir?

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A

Yes.

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Q

And when did you receive a copy of that?

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A

I don't remember the date.

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I know that I

refreshed my recollection just a couple of days ago.
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And refreshing your recollection, was that

skimming it for about 30 minutes?

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A

Yes.

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Q

Are you relying on Dr. Jay's report in support

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of your statement that "timelines" is generic?

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A

No.

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Q

On what do you rely to support the conclusion

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that you render that because "timelines" is generic,

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consumer confusion is extremely unlikely in this case?

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A

Simply because the term is used in many

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different contexts, including on many websites;

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therefore, it's highly unlikely to be perceived as a

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