TimesLines, Inc v. Facebook, Inc.

Filing 81

DECLARATION of Brendan J. Hughes regarding motion for summary judgment 79 , memorandum 80 (Attachments: # 1 Exhibit 1 - 13, # 2 Exhibit 14 - 17, # 3 Exhibit 18 - 19, # 4 Exhibit 20 - 31, # 5 Exhibit 32 - 35, # 6 Exhibit 36 - 40, # 7 Exhibit 41 - 43, # 8 Exhibit 44 - 46, # 9 Exhibit 47 - 51, # 10 Exhibit 52 - 57, # 11 Exhibit 58 - 59, # 12 Exhibit 60 - 62, # 13 Exhibit 63.1, # 14 Exhibit 63.2, # 15 Exhibit 64 - 71)(Hughes, Brendan)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
TIMELINES, INC.
Plaintiff,
v.
FACEBOOK, INC.
Defendant.

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Civil Action No.: 11 CV 6867
HONORABLE JOHN W. DARRAH

DECLARATION OF BRENDAN J. HUGHES IN SUPPORT OF
FACEBOOK, INC.’S MOTION FOR SUMMARY JUDGMENT
I, Brendan J. Hughes, declare:
1.

I am an associate with the law firm Cooley LLP, counsel for Defendant Facebook,

Inc. (“Facebook”) in connection with the above-titled action. I submit this declaration in support
of Facebook’s Motion for Summary Judgment (“Motion”).

I make this declaration upon

personal knowledge and, if called and sworn as a witness, I could and would testify as to the
matters set forth herein. To the extent that I refer to any screenshots or printouts from websites
in my declaration, those screenshots and printouts were created at my direction unless otherwise
indicated.
2.

Attached hereto as Exhibit 1 is a true and correct screenshot of the webpage

available at http://newsroom.fb.com/Key-Facts on January 28, 2013, detailing “key facts” about
Facebook, including its headquarters address at 1601 Willow Road, Menlo Park, California,
94025.
3.

Attached hereto as Exhibit 2 is a true and correct printout of Plaintiff Timelines,

Inc.’s (“Plaintiff”) “Frequently Asked Questions” webpage available at http://timelines.com/faqs
as it appeared on October 2, 2011, bearing Bates Nos. FB_TL00000660-663, which answers the

question: “What is Timelines?” by stating, in part, “… you can record the details of events,
connect them in space and through time to other related events, and contribute to a better
collective understanding of what occurred at a particular place and time.” (FB_TL_00000660)
4.

Attached hereto as Exhibit 3 are true and correct excerpts from Plaintiff’s online

blog “Archive 2010” available at http://blog.timelines.com/2010/ as they appeared on July 30,
2012, bearing Bates Nos. FB_TL_00010627, 10649-10650, 10742-746, 10773. The excerpts
include the following blog posts:
 “Get Ready for Thanksgiving – Everything You Need to Know About the
Pilgrims,” dated November 16, 2010, which states, in part: “Well, our Pilgrims
timeline provides all of these details and much more. So take a look at the
timeline now, and learn a bunch” (FB_TL_00010649-10650);


“Extra! Extra! Read all about it: Timelines.com’s functionality and service now
available for news web sites,” dated April 13, 2010, which states, in part: “We
are very proud to announce the official launching of our new service, Timelines
SE! … Like Timelines.com and Lifesnapz.com, Timelines SE uses timelines,
maps and lists to enable unique ways for readers to explore and learn about topics
…” and includes screenshots of Plaintiff’s new service and a corresponding press
release (FB_TL_00010742-746); and



“Genius timelines,” dated March 26, 2010, which states, in part: “Just a quick
post to let you know of some new and interesting timelines that have been
recently added to Timelines.com ….” (FB_TL_00010773).

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5.

Attached hereto as Exhibit 4 is a true and correct screenshot of Plaintiff’s “Amelia

Earhart Timelines” as it appeared in September 2011 on the website at timelines.com, bearing
Bates Nos. FB_TL_00000548-550.
6.

Attached hereto as Exhibit 5 are true and correct excerpts from the deposition

transcript of Plaintiff’s Rule 30(b)(6) witness, Mr. Brian Hand, Co-Founder and Chairman of
Plaintiff Timelines, Inc. (Hand Depo. 40:19-25; 52:12-23; 96:24-97:16; 108:11-24; 177:5-21;
180:4-181:7; 182:12-25; 198:7-200:22; 212:23-213:3.)
7.

Attached hereto as Exhibit 6 are true and correct screenshots of Plaintiff’s

LifeSnapz website available at www.lifesnapz.com as they appeared on May 23, 2012, bearing
Bates Nos. FB_TL_00000403-432.
8.

Attached hereto as Exhibit 7 is a true and correct screenshot of Plaintiff’s

LifeSnapz website depicting Plaintiff’s “timeline” feature as it appeared on September 18, 2012.
9.

Attached hereto as Exhibit 8 is a true and correct screenshot of the “Brewers

Timelines” provided by Plaintiff on the Milwaukee Journal Sentinel’s online website JSOnline,
as it appeared on October 10, 2011, bearing Bates Nos. FB_TL_00000571-572.
10.
section

Attached hereto as Exhibit 9 is a true and correct screenshot of the “About”

of

Plaintiff’s

Facebook

page

available

at

https://www.facebook.com/home

php#!/timelines/info, as it appeared on January 23, 2013, which identifies Plaintiff’s
Timelines.com, Timelines SE, and LifeSnapz services as follows:


“Timelines.com, for individuals and entities that want to reach and interact with a
broad audience about publicly shared events”;



“Timelines SE, for media businesses that want a custom-branded, hosted solution
as part of their websites to showcase past content in an innovative, contextually

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relevant manner”; and


“LifeSnapz.com, for families and other trusted groups that want a more
controlled, permission-based environment for recording and sharing their events.”

11.
American

Attached hereto as Exhibit 10 is a true and correct copy of an excerpt from The
Heritage

College

Dictionary

(4th

Edition

2010),

bearing

Bates

Nos.

FB_TL_00011717-719, which defines the term “timeline” as: “1. A schedule of activities or
events; a timetable. 2a. A chronology. b. A representation or exhibit of key events within a
particular historical period.”
12.

Attached hereto as Exhibit 11 is a true and correct copy of an excerpt from

Merriam-Webster’s

Collegiate

Dictionary

(11th

Edition

2012),

bearing

Bates

No.

FB_TL_00011734-736, which defines “time line” as: “1 : a table listing important events for
successive years within a particular historical period” and “2 : a schedule of events and
procedures….”
13.

Attached hereto as Exhibit 12 is a true and correct copy of an excerpt from New

Oxford American Dictionary (3d Edition 2010), bearing Bates Nos. FB_TL_00011737-739,
which defines “timeline” as: “a graphic representation of the passage of time as a line.”
14.

Attached hereto as Exhibit 13 is a true and correct copy of an excerpt from The

Oxford College Dictionary (2d Edition 2007), which defines the term “timeline” as “a graphic
representation of the passage of time as a line.”
15.

Attached hereto as Exhibit 14 is a true and correct copy of an excerpt from the

Oxford English Dictionary | The definitive record of the English Language (3d Edition 2012),
bearing Bates Nos. FB_TL_00011740-742, which defines “timeline” as:

“A line used to

illustrate or represent a chronological sequence of events; a chronology; a chronological

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sequence”; (ii) provides an example of its use from 1907: “A timeline for English history … can
be made with great advantage when the class is taking its first connected course in English
history”; and (iii) notes that it was first included in the New English Dictionary in 1912.
16.
for

the

Attached hereto as Exhibit 15 is a true and correct printout of the Wikipedia entry
term

“timeline”

as

it

appeared

on

October

2,

2011,

at

http://en.wikipedia.org/wiki/Timeline, bearing Bates Nos. FB_TL_00000444-446, which defines
“timeline” as: “a way of displaying a list of events in chronological order, sometimes described
as a project artifact. It is typically a graphic design showing a long bar labeled with dates
alongside itself and (usually) events labeled on points where they would have happened.”
17.

Attached hereto as Exhibit 16 is a true and correct printout of the first two pages

of results of a GOOGLE search for the term “timeline” on January 11, 2013, which shows that
the search for the term “timeline” returned 454 million hits.
18.

Attached hereto as Exhibit 17 is a true and correct printout of the results of a

GOOGLE image search for the term “timeline” on January 11, 2013, which shows that the
search for “timeline” returned thousands of image results depicting a variety of timelines.
19.

Attached hereto as Exhibit 18 are true and correct printouts of Chicago Tribune

articles entitled “TIMELINE-U.S. policy shifts on Syria in Obama administration,” bearing
Bates Nos. FB_TL_00011822-824, and “Timeline of the Blagojevich investigation,” bearing
Bates Nos. FB_TL_00011829-832.
20.

Attached hereto as Exhibit 19 are true and correct printouts of CNNMoney articles

entitled “Firestone recall timeline,” bearing Bates Nos. FB_TL_00011728-730, and
“TIMELINE-Gulf of Mexico oil spill,” bearing Bates Nos. FB_TL_00011747-750.

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21.

Attached hereto as Exhibit 20 is a true and correct printout of an article entitled

“From Janesville to Washington, a Ryan timeline,” available on JSOnline, bearing Bates Nos.
FB_TL_00011841-842.
22.
and

Attached hereto as Exhibit 21 are true and correct screenshots of the U.S. Patent
Trademark

Office’s

(“PTO”)

website

available

at

http://www.uspto.gov/trademarks/process/tm_timeline.jsp as it appeared on January 3, 2013,
which include “Trademark Application and Post-Registration Process Timelines.”
23.

Attached hereto as Exhibit 22 is a true and correct printout of Plaintiff’s “Popular

Timelines” page from the timelines.com website as it appeared on October 2, 2011, bearing
Bates Nos. FB_TL_00000575-577.
24.

Attached hereto as Exhibit 23 is a true and correct screenshot of Plaintiff’s “Al

Capone Timeline” page from the timelines.com website as it appeared on September 29, 2011,
bearing Bates Nos. FB_TL_00000545-547.
25.

Attached hereto as Exhibit 24 is a true and correct screenshot of Plaintiff’s “Battle

Of Bull Run Timeline” page from the timelines.com website as it appeared in September 2011,
bearing Bates Nos. FB_TL_00000558-559.
26.

Attached hereto as Exhibit 25 is a true and correct screenshot of Plaintiff’s

“Popular Topics” page from the timelines.com website as it appeared on January 7, 2013.
27.

Attached hereto as Exhibit 26 is a true and correct screenshot of Plaintiff’s “Al

Capone Events” page from the timelines.com website as it appeared on January 10, 2013.
28.

Attached hereto as Exhibit 27 is a true and correct screenshot of Plaintiff’s

“Amelia Earhart Events” page from the timelines.com website as it appeared on January 10,
2013.

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29.

Attached hereto as Exhibit 28 is a true and correct screenshot of Plaintiff’s “Battle

of Bull Run Events” page from the timelines.com website as it appeared on January 10, 2013.
30.

Attached hereto as Exhibit 29 is a true and correct screenshot of a webpage

available on Plaintiff’s timelines.com website entitled “Google Labs Launches Google News
Timeline,” as it appeared on January 8, 2013.
31.

Attached hereto as Exhibit 30 is a true and correct of an excerpt from a printout of

Plaintiff’s online blog “Archive for 2008” available at http://blog.timelines.com/2008/ as it
appeared on July 30, 2012, bearing Bates Nos. FB_TL_00010370 and 10454, which includes
Plaintiff’s April 17, 2008 blog post entitled “Ripping Our Guts,” discussing the development of
Plaintiff’s LifeSnapz service and Plaintiff’s decision to “go down a different path,” by stating, in
part: “It works great. Events can be shared with multiple people and on multiple timelines.
Each person or timeline can have various edit and viewing rights. Events and timelines can be
shared publicly or privately.”
32.

Attached hereto as Exhibit 31 are true and correct excerpts from a printout of

Plaintiff’s online blog “Archive for 2009” at http://blog.timelines.com/2009/ as it appeared on
July 30, 2012, bearing Bates Nos. FB_TL_00010466, 10560-562, 10572, 10574, 10576.

The

excerpts include the following blog posts:


“So, who should use Timelines.com?,” dated July 14, 2009, which states, in part:
Specifically, there are 4 types of people who use Timelines.com …
1. History Buffs. … Not only can you learn about the topics you
love, Timelines.com gives you the ability to contribute your
knowledge so that others can learn from it. Here’s a sample of
timelines that might interest you – Jack the Ripper [hyperlink to
Timelines.com’s website], World War I [hyperlink to
Timelines.com’s website], John Dillinger [hyperlink to
Timelines.com’s website]
***

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2. History teachers. … Here are some timelines that might interest
you: Civil Rights Movement in US [hyperlink to Timelines.com’s
website], American Revolution [hyperlink to Timelines.com’s
website]
***
3. Journalists (professional journalists, citizen journalists and
bloggers). … You can publish out your articles (or excerpts) on
Timelines.com, link them together using the same topic and –
voila! – you have a timeline to which you can link
***
4. Fans. … If you are passionate about something, you can learn
about it on Timelines.com. Or better yet, express your knowledge
on the site. Build the definitive timeline of your subject and share
it ….
FB_TL_00010560-562 (bold emphasis in the original; italicized emphasis added).


“A timeline full of humor: SNL Digital Shorts,” dated June 4, 2009, which states:
“Need a few laughs courtesy of Saturday Night Live? Check out a developing
timeline of Andy Samberg’s SNL Digital Shorts - enjoy!” FB_TL_00010572.



“Some interesting Illinois Politics’ timelines unfolding on Timelines.com,” dated
May 27, 2009, which states:

FB_TL_00010574.


“Swine Flu Timeline,” dated April 30, 2009, which states:

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FB_TL_00010576.
33.

Attached hereto as Exhibit 32 are true and correct printouts from Plaintiff’s Rod

Blagojevich Timeline website as it appeared on October 10, 2011, bearing Bates Nos.
FB_TL_00000578-579 and FB_TL_00000580-597.
34.

Attached hereto as Exhibit 33 are true and correct screenshots of The Boston

Globe’s “2010 Massachusetts Gubernatorial Election Timeline” page (bearing Bates Number
FB_TL_00000534-544), “Celtics Timelines” page (bearing Bates Number FB_TL_00000553),
“Red Sox Timelines” page, and “Beanpot Tournament Timeline” page. The Boston Globe
produced the “Red Sox Timelines” and “Beanpot Tournament Timeline” pages in response to a
subpoena issued in this case.
35.

Attached hereto as Exhibit 34 are true and correct copies of St. Louis Post-

Dispatch’s “Rams Timelines” page, bearing Bates Nos. FB_TL_00000607-608, and an article
entitled: “If You Have The Time, We Have The Timelines,” produced by the St. Louis PostDispatch in response to a subpoena issued in this case.
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36.

Attached hereto as Exhibit 35 are true and correct copies of the NY Daily News’

“NY Giants Timelines” page, “Jets Timelines” page, “Knicks Timelines” page, “Mets
Timelines” page, “Rangers Timelines” page, and a “Yankees Timelines” page produced by NY
Daily News in response to a subpoena issued in this case.
37.

Attached hereto as Exhibit 36 is a true and correct copy of the Affidavit of Jan

Battem, founder of TimelineIndex.com, which include screenshots of the TimelineIndex.com
website available at http://timelineindex.com as exhibits.

The affidavit was executed on

September 28, 2012. In his affidavit, Mr. Battem describes TimelineIndex.com as “a website
that offers historical information and other content in the form of various timelines, as well as
timeline creation services” since 2003 (Battem Aff. ¶¶ 2, 5.) The banner at the top of the
TimelineIndex.com home page states prominently:

(Id., Ex. A.)
38.

Attached hereto as Exhibit 37 is a true and correct screenshot of the login page on

the Xtimeline website available at http://www.xtimeline.com/login.aspx as it appeared on
January 29, 2013, which states in relevant part: “xtimeline is a place for you to create, share and
discuss interesting timelines.”
39.

Attached hereto as Exhibit 38 is a true and correct copy of the Affidavit of Kevin

Chen, co-founder of Famento, Inc., which offers the Xtimeline website, including exhibits,
which include screenshots of the Xtimelines website. As seen in Exhibit B of Mr. Chen’s
affidavit, the Xtimeline’s “About” page states: “When we developed the timeline tool, our

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friends thought of many ways to creatively use the timeline. Some of them thought the timeline
could become a great public service, a resource for history education and for debate over current
issues. Others wanted to create biographical timelines for celebrities and their scandalous
relationships. The ability of these timelines to entertain and educate convinced us that other
people would enjoy our timeline as much we do. And that's how xtimeline came to have a home
of its own.” (Id., Ex. B.)
40.

Attached hereto as Exhibit 39 is a true and correct screenshot of the Dipity

website available at www.dipity.com as it appeared on May 23, 2012, bearing Bates Nos.
FB_TL_00000457-458. This screenshot depicts a “Create a Timeline” tab at the top of the
Dipity website and the following content on the website: “Dipity is a free digital timeline
website. Our mission is to organize the web's content by date and time. Users can create, share,
embed and collaborate on interactive, visually engaging timelines that integrate video, audio,
images, text, links, social media, location and timestamps.”
41.

Attached hereto as Exhibit 40 is a true and correct copy of excerpts from the

deposition transcript of Mr. Derek Dukes, the company witness for Underlying, Inc., which owns
and operates the Dipity website, including Defendant’s Deposition Exhibit 6, the “About” page
from the Dipity website depicting numerous uses of the “timeline(s)” and Plaintiff’s Deposition
Exhibit 2, the U.S. registration for DIPITY (Reg. No. 3519345), covering a variety of services,
including “providing on-line . . . software for the creation of timelines based on user-supplied
information” and “maintaining an online website for users to create timelines based on usersupplied information, as well as view the timelines of others.” (Dukes Depo. Tr. at 11:25-12:6,
15:13-15, 38:9-39:1, 37:23-38:1, Def. Depo. Ex. 6 and Pl. Depo. Ex. 2) (emphasis added).

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42.

Attached hereto as Exhibit 41 is a true and correct screenshot of the Kidasa

software website available at www.timelinesoftware.com as it appeared on August 10, 2012,
bearing Bates Nos. FB_TL_00011682-683. In addition, Exhibit 41 contains a printout from
Archive.org which contains the archived page content of

http://timelinesoftware.com as it

appeared on May 29, 2002, the earliest available archived page that contains substantive content,
bearing Bates No. FB_TL_00011680-681.
43.

Attached hereto as Exhibit 42 is a true and correct copy of the Declaration of

Jillian West, Global Brand Protection Manager for Twitter, Inc. (“Twitter”), including exhibits.
Ms. West executed the declaration on January 22, 2013. The exhibits include screenshots of the
Twitter website that demonstrate Twitter’s use of the term “timelines.” In her affidavit, Ms.
West describes Twitter’s use of the term “timeline” to refer to “a collected stream of [posts]
listed in real-time chronological order” since 2006.
44.

Attached hereto as Exhibit 43 is a true and correct screenshot of Twitter’s

webpage “What is Twitter” as it was available at https://business.twitter.com/basics/what-istwitter/ on January 23, 2013, which states Twitter has over 200,000,000 active users.
45.

Attached hereto as Exhibit 44 is a true and correct copy of the Affidavit of Alex

Kearns, founder of Webalon Ltd., which offers “beautiful web-based timeline software” at
www.tiki-toki.com. Mr. Kearns executed the affidavit on August 31, 2012. The exhibits include
screenshots of the Tiki-Toki website that demonstrate the use of the term “timeline” to identify
its software.
46.

Attached hereto as Exhibit 45 are true and correct screenshots of the

Timeglider.com website available at www.timeglider.com offering “web-based timeline
software” owned and operated by Mnemograph, LLC.

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47.

Attached hereto as Exhibit 46 is a true and correct copy of excerpts from the

deposition transcript of Mr. Michael Richardson, the company witness for Mnemograph, LLC,
the company that owns and operates Timeglider.com, a website offering “web-based timeline
software,” including Facebook Exhibit 6. (Richardson Depo. Tr. at 19:4-20; 20:3-13, 40:2242:2, 49:3-50:3.)
48.

Attached hereto as Exhibit 47 are true and correct screenshots from SmartDraw’s

website available at www.smartdraw.com, which advertises and promotes its timeline software,
as it appeared on August 9 and 10, 2012, bearing Bates Nos. FB-TL_00011614-617, 11620. As
depicted in the screenshots, the SmartDraw website includes the following statement: “Easy
Timeline Software [-] Easily create timelines, schedules, timetables, Gantt charts, chronologies,
and must more! Download Our Timeline Software FREE!”
49.

Attached hereto as Exhibit 48 is a true and correct copy of excerpts from the

deposition transcript of Mr. Anthony Patterson, the company witness for SmartDraw. (Patterson
Depo. Tr. at 21:13-17; 21:22-22:5; 23:1-6; 26:6-15, 40:11-41:4.)
50.

Attached hereto as Exhibit 49 are true and correct screenshots of the website

promoting the software program TIMELINER XE available at http://www.tomsnyder.com/
timelinerxe/ as it appeared on October 4, 2011, bearing Bates Nos. FB_TL_00000498-502. As
depicted in the screenshots, the TIMELINER XE website includes the following content:
Timeliner XE is the powerful and intuitive software program
students use to organize data—on multimedia timelines,
sequences, and cycles—to see the connections, and transform a
world of information into real knowledge.
51.

Attached hereto as Exhibit 50 is a true and correct copy of excerpts from the

deposition transcript of Mr. Richard Abrams, the company witness for Tom Snyder Productions,

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Inc., which offers the Timeliner XE software program. (Abrams Depo. Tr. at 14:15-15:13; 22:423:12; 37:2-38:3.)
52.

Attached hereto as Exhibit 51 is a true and correct copy of excerpts from Ms.

Bridget Hilferty, the company witness for International Reading Association, which offers
interactive timeline tools, including Deposition Exhibits 4-10. (Hilferty Depo. Tr. at 17:10-19,
55:25-57:3, 31:19-32:7.)
53.

Attached hereto as Exhibit 52 are true and correct screenshots of the Simile

Widget: Timeline website available at http://www.simile-widgets.org/timeline/ as it appeared on
October 4, 2011, bearing Bates Nos. FB_TL_00011622-623. As depicted in the screenshots, the
Simile Widgets website includes the following content:

54.

Attached hereto as Exhibit 53 is a true and correct copy of an excerpt of the

deposition transcript of Dr. David Karger, the company witness for the Massachusetts Institute of
Technology, the operator of the Simile Widget Timeline project. (Karger Depo. Tr. at 16:5-11,
37:9-15, 54:22-25, 55:15-20, 57:2-21.)
55.

Attached hereto as Exhibit 54 are true and correct screenshots of the Timetoast

website available at http://timetoast.com as it appeared on October 4, 2011, bearing Bates Nos.
FB_TL_00000515-521. As depicted in the screenshots, the Timetoast website includes the
following statements:
Create timelines, share them on the web.

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Timetoast is a great way to share the past, or even the future...
Creating a timeline takes minutes, it’s as simple as can be.
In addition, Exhibit 54 includes a printout from Archive.org which contains the archived page
content of http://timetoast.com as it appeared on May 1, 2008, the earliest available archived
page that contains substantive content, bearing Bates No. FB_TL_00000522-523.
56.

Attached hereto as Exhibit 55 are true and correct screenshots of the ZTimeline

website available at http://www.ztimeline.com as it appeared on August 13, 2012, bearing Bates
Nos. FB_-TL_00011701-705. As depicted in the screenshots, the ZTimeline website includes
the following content:

Ztimeline allows you to view your life chronologically since it
allows you to organize your pictures in your own timeline!
***
Ztimeline is special and different from other social networks and
websites that allow you to upload photos in that it lets you organize
your pictures in your OWN timeline. It lets you view your entire
life in a ‘chronological’ way and helps you keep in touch with your
friends and family all over the world.
In addition, Exhibit 55 includes a printout from Archive.org which contains the archived page
content of http://www.ztimeline.com as it appeared on October 21, 2007, the earliest available
archived page that contains substantive content, bearing Bates No. FB_TL_00011706.
57.

Attached hereto as Exhibit 56 are true and correct screenshots of the AllofMe

website available at http://allofme.com as it appeared on August 9, 2012, bearing Bates Nos.
FB_TL_00011589-590.

As depicted in the screenshots, the AllofMe website includes the

following content:

AllofMe is a Timeline-creating application platform. The platform
enables auto-creating, publishing, managing and comparing
multiple Timelines. AllofMe platform creates highly-visual
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Timelines, containing an endless number of assets and providing
an unmatched, compelling user experience. AllofMe Timeline
Platform can serve corporate publishers, content creators and endusers.
In addition, Exhibit 56 includes a printout from Archive.org which contains the archived page
content of http://allofme.com as it appeared on July 1, 2008, the earliest available archived page
that contains substantive content, bearing Bates No. FB_TL_00011591.
58.

Attached hereto as Exhibit 57 are true and correct screenshots of the TimeRime

website available at http://timerime.com as it appeared on August 9, 2012, bearing Bates Nos.
FB_TL_00011684-687. As depicted in the screenshots, the TimeRime website includes the
following content:
TimeRime.com is an online community that allows people to view,
create and compare timelines. The subjects of the timelines can be
anything that relates to time. For instance a timeline about a
popstar, or a timeline about a scientific subject, like history. But
also timelines about company history, individuals as yourself, your
favorite summer melodies or your favorite car.
The TimeRime timelines can be characterized as interactive and
multimedia. The timelines can be filled with text, music, YouTube
movies, Google Maps et cetera, which makes TimeRime.com a
platform that combines popular communities and other internet
applications into one new portal.
In addition, Exhibit 57 includes a printout from Archive.org which contains the archived page
content of http://timerime.com as it appeared on October 6, 2008, one of the earliest available
archived pages that contains substantive content, bearing Bates No. FB_TL_00000513-514.
59.

Attached hereto as Exhibit 58 are true and correct screenshots of the Timeline

Maker website available at http://timelinemaker.com as it appeared on August 9, 2012, bearing
Bates Nos. FB_TL_00011658-663. As depicted in the screenshots, the Timeline Maker website
includes the following content:

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If you’ve been struggling to create timeline charts manually or
wrestling with ordinary office software like Excel, Visio or MS
Project, then you will really appreciate how easy it can be to create
great looking timeline charts like these with Timeline Maker.
In addition, Exhibit 58 includes a printout from Archive.org which contains the archived page
content of http://timelinemaker.com as it appeared on February 9, 2003, the earliest available
archived page that contains substantive content, bearing Bates No. FB_TL_00011657.
60.

Attached hereto as Exhibit 59 are true and correct screenshots of the Historical

Timeline website available at http://historicaltimeline.com as it appeared on August 9, 2012,
bearing Bates Nos. FB_TL_00011594-599.

As depicted in the screenshots, the Historical

Timeline website includes the following content:
Welcome to HistoricalTimeline.com Here you will find 5
timelines featuring some of the key events, inventions, and leaders
which had a major impact on the world's history.
Alongside the timelines, we have added a selected bibliography
and list of online resources to help in your research.
In addition, Exhibit 59 includes a printout from Archive.org which contains the archived page
content of http://historicaltimeline.com as it appeared on July 22, 2001, the earliest available
archived page that contains substantive content, bearing Bates Nos. FB_TL_00011592-593.
61.

Attached hereto as Exhibit 60 are true and correct screenshots of the website

available at http://www.timelines.info (not related to Plaintiff) as it appeared on August 9, 2012,
bearing Bates Nos. FB_TL_00011675, FB_TL_00011677-679 . As depicted in the screenshots,
the timelines.info website includes the following content:
Timelines.info contains hundreds of timelines covering an entire
spectrum of world history.
Use the menu on the left to start your journey through our
timelines, or search for a timeline below
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The website identifies a launch date of November 1, 2001.
62.

Attached hereto as Exhibit 61 are true and correct screenshots of the

OurTimelines.com website available at http://www.ourtimelines.com as it appeared on August
10, 2012, bearing Bates Nos. FB_TL_00011602-604.

As depicted in the screenshots, the

ourtimelines.com website includes the following content:
Your may use the timelines you generate here on your own web
pages … The only condition is that you ensure that there is a link
from each page where the timeline is used back to
www.OurTimelines.com so that your web page visitors may also
have an opportunity to generate their own timelines.
In addition, Exhibit 61 includes a printout from Archive.org which contains the archived page
content of http://www.ourtimelines.com as it appeared on August 15, 2000, the earliest available
archived page that contains substantive content, bearing Bates Nos. FB_TL_00011600-601.
63.

Attached hereto as Exhibit 62 is a true and correct copy of Dr. Deborah Jay’s

survey expert report dated October 23, 2012.
64.

Attached hereto as Exhibit 63 is a certified copy of the file wrapper for Plaintiff’s

trademark application for TIMELINES (Serial No. 85/432,026), bearing Bates Nos.
FB_TL0002580-2643.
65.

Based on my review of Plaintiff’s document production to date, Plaintiff has not

produced any consumer survey evidence or direct consumer testimony relevant to establishing
secondary meaning in the term “timelines.”
66.

Attached hereto as Exhibit 64 is a true and correct copy of Plaintiff’s Balance

Sheet as of January 31, 2012 produced by Plaintiff, bearing Bates Nos. T0000001-008
(Confidential).
67.

Attached hereto as Exhibit 65 is a true and correct copy of a document identifying

Plaintiff’s users statistics on timelines.com produced by Plaintiff, bearing Bates Nos. T0001475.
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68.

Attached hereto as Exhibit 66 is a true and correct screenshot of a Mashable

article entitled “Facebook Timeline” regarding Facebook’s timeline feature, which was created at
my direction, bearing Bates Nos. FB_TL_00000003-006.
69.

Attached hereto as Exhibit 67 is a true and correct screenshot from the Facebook

website depicting the timeline feature while logged into Facebook as a registered user in January
2013.
70.

Attached hereto as Exhibit 68 are true and correct screenshots from the Facebook

website depicting the “About” feature, the “Map” feature, the “Friends” feature, the “Photos”
feature, and the “Events” feature, all available on a user’s profile page as of January 2013.
71.

Attached hereto as Exhibit 69 is a true and correct copy of excerpts from the

deposition transcript of Mr. Samuel Lessin, the company witness for Facebook. (Lessin Depo.
86:17-87:2 (Highly Confidential – Outside Counsel Only); 100:25-101:12, 312:13-313:17.)
72.

Attached hereto as Exhibit 70 are true and correct screenshots of a Facebook page

describing

the

“timeline”

feature

of

its

user

interface

https://www.facebook.com/about/timeline, bearing Bates Nos. FB_TL00000007- 009.

at
In

addition, Exhibit 70 includes true and correct screenshot of the same Facebook page as they
appeared on January 31, 2013, which are more legible than the Bates labeled version.
73.

Attached hereto as Exhibit 71 are true and correct excerpts from the deposition

transcript of Mr. Robert Armour, Plaintiff’s prior Chief Executive Officer. (Armour Depo.
89:23-90:17.)
/

/

/

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I declare under penalty of perjury that the foregoing statements are true and correct.
Executed in Washington, D.C. this 31st day of January, 2013.

/s/ Brendan J. Hughes
Brendan J. Hughes (pro hac vice)
COOLEY LLP
1299 Pennsylvania Avenue, NW
Suite 700
Washington, DC 20004

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CERTIFICATE OF SERVICE
The undersigned, an attorney, hereby certifies that he served the foregoing
DECLARATION OF BRENDAN J. HUGHES IN SUPPORT OF FACEBOOK, INC.’S
MOTION FOR SUMMARY JUDGMENT by means of the Court’s CM/ECF System, which
causes a true and correct copy of the same to be served electronically on all CM/ECF registered
counsel of record, on January 31, 2013.

Dated: January 31, 2013

/s/ Brendan J. Hughes
Brendan J. Hughes (pro hac vice)
COOLEY LLP
1299 Pennsylvania Avenue, NW
Suite 700
Washington, DC 20004
Phone: [phone]
Fax: [phone]
Email: [e-mail]

1093551 /HN

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