CNG Financial Corporation v. Google Inc

Filing 27

MOTION for Leave to File Additional Authority in Support of its Response to Google's Motion for Judgment on the Pleadings by Plaintiff CNG Financial Corporation, Counter Defendant CNG Financial Corporation. (Attachments: # 1 Exhibit 800-JR Cigar, Inc. v. GoTo.com, Inc.)(Hunter, Barry)

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Case 1:06-cv-00040-SSB-TSB Document 27 Filed 08/10/2006 Page 1 of 3 UNITED STATES DISTRICT COURT OHIO WESTERN DIVISION SOUTHERN DISTRICT OF CNG FINANCIAL CORPORATION Case NO. 1 :06-cv-040 Plaintiff/Counterc1aimDefendant vs. Chief Judge Sandra S. Beckwith Magistrate Timothy S. Black CNG' S MOTION FOR LEAVE TO FILE ADDITIONAL AUTHORITY IN SUPPORT OF ITS RESPONSE TO GOOGLE' S MOTION FOR JUDGMENT ON THE PLEADINGS GOOGLE INC. Defendant/Counterc1aim- : Plaintiff. Plaintiff/Counter Defendant, CNG Financial Corporation ("CNG"), moves the Court for leave to file additional authority in support of its Response to Google ' s the Pleadings. The case LEXIS 48279 (D. , July 17 2006), 800-JR Cigar, Inc. v. Go To. com, Inc. , 2006 U.S. Dist. is attached. This case, which holds that search engine which is materially trademark use see id at * 17- *27 , was not available until after CNG had filed its Google s Motion. Respectfully submitted /s/ Barry D. Hunter Ann Gallagher Robinson Frost Brown Todd, LLC 2200 PNC Center 201 East Fifth Street Cincinnati OH 45202-4182 Tel.: (513) Fax: (513) 651-6800 651- 6981 Dockets.Justia.co Case 1:06-cv-00040-SSB-TSB Document 27 Filed 08/10/2006 Page 2 of 3 Barry D. Hunter Medrith Lee Norman Frost Brown Todd LLC 250 West Main Street, Suite 2700 Lexington , Kentucky 40507 (859) 231-0000 (859) 231-0011-fax Attorneys for CNG FINANCIAL CORPORATION Case 1:06-cv-00040-SSB-TSB Document 27 Filed 08/10/2006 Page 3 of 3 CERTIFICA TE OF SERVICE I certify that a copy of the foregoing was electronically filed with the Clerk using the CM/ECF, system which will send notification of such filing to the following, this 10th day of August, 2006: Kenneth F. Seibel, Esq. Jacobs , Kleinman, Seibel & McNally 2300 Kroger Building 1014 Vine Street Cincinnati , OH 45202 Michael H. Page, Esq. Klaus H. Hamm, Esq. Keker & Van Nest LLP 710 Sansome Street San Francisco , CA 94107 /s/ Barry D. Hunter Attorney for Plaintiff/Counter Defendant LEXLibrary 0102393. 0533475 308214v.

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