Rescuecom Corporation v. Google, Inc.

Filing 13

LETTER BRIEF enclosing recent electronically published decision by Rescuecom Corporation. (Attachments: # 1 Supplement Electronically published decision)(Gegan, Edmund)

Rescuecom Corporation v. Google, Inc.

Doc. 13

Case 5:04-cv-01055-NAM-GHL

Document 13

Filed 09/19/2005

Page 1 of 1

LAW OFFICE OF

EDMUND J. GEGAN, PLLC
2560 Burnet Avenue Syracuse, NY 13206
Telephone: [phone] E-mail: [e-mail] Facsimile: [phone]

September 19, 2005 Electronically filed: Hon. Norman A. Mordue United States District Court Judge Northern District of New York United States Courthouse 100 Clinton Street P.O. Box 7367 Syracuse, NY 13261-7367 Re: Rescuecom Corporation v. Google, Inc. Case No.: 5:04-CV-1055 Dear Judge Mordue: On this date, RESCUECOM Corporation's responding memorandum of law in opposition to Google, Inc.'s motion to dismiss was electronically filed with the Court. However, also on this date, another decision on identical facts was rendered by the Federal District Court for the Northern District of Georgia denying a similar motion to dismiss in another case. A copy of that decision is enclosed, and is also being electronically filed with the Court. We request that the Court consider this decision as additional support for RESCUECOM Corporation's opposition to Google's motion to dismiss. That other case is in an action commenced by RESCUECOM Corporation against Computer Troubleshooters, USA, Inc., one of the companies that purchased a Sponsored Link on defendant Google's Internet Search Engine. Computer Troubleshooters had refused to remove their Sponsored Link upon their receipt of a "cease and desist" letter from RESCUECOM Corporation. Computer Troubleshooters brought a motion to dismiss which conveyed identical arguments to those set forth in defendant Google's motion to dismiss. Respectfully, /s/ Edmund Gegan Edmund Gegan
Cc: Shawn Patrick Regan, Esq.

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