STELOR PRODUCTIONS, INC. v. OOGLES N GOOGLES et al

Filing 95

ANSWER to 88 Counterclaim, filed by STELOR PRODUCTIONS, LLC..(Hoover, John)

STELOR PRODUCTIONS, INC. v. OOGLES N GOOGLES et al

Doc. 95

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION STELOR PRODUCTIONS, INC., ) ) Plaintiff, ) ) v. ) ) OOGLES N GOOGLES, an Indiana corporation, ) et al. ) ) Defendants. ) ) ) )

Case No. 1:05-cv-0354-DFH-TAB

PLAINTIFF'S ANSWER TO THE COUNTERCLAIM OF DEFENDANT/COUNTERCLAIMANT OOGLES N GOOGLES The Plaintiff/Counter Defendant, by counsel, for its Answer to Defendant's Counterclaim, states the following: 1. The Plaintiff admits that on March 11, 2005 the Plaintiff filed a complaint

alleging Trademark Infringement, Unfair Competition and Trademark Dilution against Defendants, and the Plaintiff further admits that the complaint speaks for itself. The Plaintiff denies all remaining allegations as set forth in paragraph 1 of the Defendant's counterclaim. 2. The Plaintiff admits that the Googles word & design mark was at one time owned

by the Googles Children's Workshop, a New Jersey corporation. The Plaintiff denies all remaining allegations as set forth in paragraph 2 of the Defendant's counterclaim. 3. The Plaintiff admits that the Googles Children's workshop was dissolved on

October 22, 1997. The Plaintiff denies the remaining allegations as set forth in paragraph 3 of the Defendant's counterclaim.

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4. counterclaim. 5. counterclaim. 6. counterclaim. 7.

The Plaintiff denies the allegations as set forth in paragraph 4 of the Defendant's

The Plaintiff denies the allegations as set forth in paragraph 5 of the Defendant's

The Plaintiff denies the allegations as set forth in paragraph 6 of the Defendant's

The Plaintiff admits that on March 11, 2005 the Plaintiff filed a complaint

alleging Trademark Infringement, Unfair Competition and Trademark Dilution against Defendants, and the Plaintiff further admits that the complaint speaks for itself. The Plaintiff denies all remaining allegations as set forth in paragraph 7 of the Defendant's counterclaim. 8. counterclaim. 9. counterclaim. 10. counterclaim. The Plaintiff denies the allegations as set forth in paragraph 10 of the Defendant's The Plaintiff denies the allegations as set forth in paragraph 9 of the Defendant's The Plaintiff denies the allegations as set forth in paragraph 8 of the Defendant's

AFFIRMATIVE DEFENSES 1. The Defendants' claim fails because there has been no misrepresentation made to

the U.S. Patent & Trademark Office by the Plaintiff. 2. The Defendants' claims fail because there has been no fraud perpetrated upon the

U.S. Patent & Trademark Office by the Plaintiff.

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3.

The Defendants' claim fails because the Plaintiff has not abandoned the Googles

word and design mark. 4. The Defendants' claim fails because the Plaintiff has not abandoned the Oogle,

Iggle or Oggle marks. WHEREFORE, the Plaintiff respectfully requests this Court enter judgment in favor of the Plaintiff and against the Defendants, and all other relief just and proper. Respectfully submitted,

s/John David Hoover John David Hoover, Attorney No. 7945-49 HOOVER HULL LLP Attorneys at Law 111 Monument Circle, Ste. 4400 P.O. Box 44989 Indianapolis, IN 46244-0989 Phone: [phone] Fax: [phone] E-mail: [e-mail] Of counsel: Robert Merz (Admitted Pro Hac Vice) Stelor Productions, LLC 19110 Montgomery Village Avenue, #320, Montgomery Village, MD 20886 Tel: [phone] Fax: [phone] Email: [e-mail] Attorneys for Plaintiff, Stelor Productions, Inc.

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CERTIFICATE OF SERVICE I hereby certify that on March 27, 2008, a copy of the foregoing Plaintiff's Answer to Defendant's Counterclaim was filed electronically. Notice of this filing will be sent to the following party by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. Stephen L. Vaughan [e-mail]

s/John David Hoover John David Hoover HOOVER HULL LLP Attorneys at Law 111 Monument Circle, Ste. 4400 P.O. Box 44989 Indianapolis, IN 46244-0989 Phone: [phone] Fax: [phone] E-mail: [e-mail]

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