Universal Tube & Rollform Equipment Corporation v. YouTube, Inc.

Filing 30

Universal Tube & Rollform Equipment Corporation v. YouTube, Inc.

Doc. 30

Case 3:06-cv-02628-JGC

Document 30

Filed 10/31/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION

UNIVERSAL TUBE & ROLLFORM EQUIPMENT CORPORATION,
Plaintiff,
v.

Case No. 3:06-CV-02628

DEFENDANT YOUTUBE, INC.'S
STATUS

REPORT
James G. Carr

Judge:

YOUTUBE, INC.

Defendant.

Pursuant to the Cour's September 25,2007 Scheduling Order in the above-referenced
matter, Defendant and Counterclaimant Y ouTube Inc. ("Y ouTube") submits the following status

report.
Unfortunately, despite earlier optimism, this matter has not settled. Plaintiff

Universal

Tube & Rollform Equipment Corporation ("Universal") has persistently refused to respond to
YouTube's draft settlement agreement and dismissal, which was provided to them more than a

month ago, on September 28, 2007. After several unanswered phone calls and emails, on
October 8, 2007, Universal's counsel responded by saying that they would "be in touch.

following review" ofthe proposed agreement. Ten days later, having heard nothing fuher,
Y ouTube' s counsel placed repeated calls and emails to Universal's counsel, with no response.

Then, on October 25,2007, YouTube's counsel received an email promising comments on the
draft by close of

business the next day, October 26,2007. No such response was forthcoming.

Finally, late yesterday afternoon, YouTube's counsel received an email from Universal's counsel

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Case 3:06-cv-02628-JGC

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rejecting Y ouTube' s draft proposal, but refusing to provide any counterproposal, and suggesting

that we ask the Court for additional time.
Meanwhile, Universal continues to mislead consumers by using the "YouTube';

trademark on its website, and continues to profit from that infringement. It appears that Plaintiff
is quite happy with the current state of affairs, and intends neither to settle nor to prosecute this

matter, instead seeking to string out the status quo as long as possible. Accordingly, Y ouTube

asks that the Cour order the parties to exchange Rule 26 disclosures within 30 days, and set a
case management schedule leading to trial at the Cour's earliest convenience. Y ouTube submits
that, unless Universal voluntarily suspends its use of the Y ouTube mark pending trial, the trial

should be set at the earliest reasonable date, sometime in the Spring or early Sumer of 2008.
Counsel for Y ouTube is available to discuss this matter fuher at the Court's
convenience.

Dated: October 31, 2007 Respectfully Submitted
By: Isl Matthias A. Kamber

Hary D. Cornett, Jr. (0013 1 79) Benjamin C. Sassé (0072856) TUCKER ELLIS & WEST LLP 925 Euclid Avenue, Suite 1150
Cleveland,OH 44115-1414

Tel: [phone] Fax: [phone]
E-mail: harry.comett(0tuckerells.com
beni amin. sasse(0tuckerells. com

Michael H. Page (pro hac vice) Mark A. Lemley (pro hac vice) Matthias A. Kamber (pro hac vice) KEKER & V AN NEST, LLP 710 Sansome St. San Francisco, CA 94111
Telephone: [phone] Facsimile: 415.397.7188

E-mail: mpage(0kvn.com

mlemlev(0kvn.com mkamber(0kvn.com
Attornevs for Defendant YouTube, Inc.

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Case 3:06-cv-02628-JGC

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Certificate of Service
I hereby certify that on October 31,2007, a copy of YOUTUBE INC.'S STATUS REPORT was filed electronically. Notice of

foregoing DEFENDANT

this fiing wil be

the Court's electronic fiing system to all paries indicated on the electronic sent by operation of filing receipt. All other parties wil be served by regular U.S. maiL. Paries may access this fiing through the Cour's system.
Isl Matthias A. Kamber MATTHIAS A. KAMBER Keker & Van Nest LLP 710 Sansome St
San Francisco, CA, 941 i 1 Phone: [phone]

Fax: [phone] E-mail: mkamber(0kvn.com

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