CNG Financial Corporation v. Google Inc

Filing 29

MOTION for Leave to File Additional Authority in Support of its Motion for Judgment on the Pleadings by Counter Claimant Google Inc, Defendant Google Inc. (Attachments: # 1 Attachment)(Seibel, Kenneth)

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CNG Financial Corporation v. Google Inc Doc. 29 Case 1:06-cv-00040-SSB-TSB Document 29 Filed 09/28/2006 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION CNG FINANCIAL CORPORATION, Plaintiff/Counterclaim-Defendant, v. GOOGLE INC., Defendant/Counterclaim-Plaintiff. Case No. 1:06cv040 Chief Judge Sandra S. Beckwith Magistrate Timothy S. Black GOOGLE INC.'S MOTION FOR LEAVE TO FILE ADDITIONAL AUTHORITY IN SUPPORT OF ITS MOTION FOR JUDGMENT ON THE PLEADINGS Defendant and Counterclaim-Plaintiff Google Inc. moves the Court for leave to file additional authority in support of its Motion for Judgment on the Pleadings. The case in question, Rescuecom Corp. v. Google Inc., Case No. 5:04-CV-1055 (N.D.N.Y. Sept. 28, 2006), is attached. In granting a motion to dismiss a complaint against Google, the opinion holds that the triggering of a Sponsored Link on Google with a trademark does not constitute trademark use under the Lanham Act, even if the activity is unauthorized by the trademark owner. Because this opinion issued today, it was not previously available. Dated: September 28, 2006. Of Counsel: Michael H. Page (pro hac vice) Klaus H. Hamm (pro hac vice) Keker & Van Nest LLP 710 Sansome Street San Francisco, CA 94107 (415) 391-5400 /s/ Kenneth F. Seibel Kenneth F. Seibel (0025168) Jacobs, Kleinman, Seibel and McNally 1014 Vine Street, Suite 2300 Cincinatti, OH 45202 (513) 281-6600 _ Attorneys for Defendant and Counterclaim-Plaintiff Google Inc. 381354.01 Dockets.Justia.com Case 1:06-cv-00040-SSB-TSB Document 29 Filed 09/28/2006 Page 2 of 2 CERTIFICATE OF SERVICE I hereby certify that on September 28, 2006, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: Barry D. Hunter, Medrith Lee Norman, and Ann Gallagher Robinson, Attorneys for Plaintiff/Counterclaim-Defendant. /s/ Kenneth F. Seibel Kenneth F. Seibel (0025168) 381354.01

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