CNG Financial Corporation v. Google Inc

Filing 33

MOTION for Leave to File Additional Authority in Support of its Response by Plaintiff CNG Financial Corporation, Counter Defendant CNG Financial Corporation. (Attachments: # 1 Exhibit Buying for the Home, LLC v. Humble Abode, LLC)(Hunter, Barry)

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CNG Financial Corporation v. Google Inc Doc. 33 Case 1:06-cv-00040-SSB-TSB Document 33 Filed 11/02/2006 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION CNG FINANCIAL CORPORATION Case No. 1 :06-cv-040 Plaintiff/Counterclaim - Defendant, vs. Chief Judge Sandra S. Beckwith Magistrate Timothy S. Black GOOGLE INe. Defendant/Counterclaim- : Plaintiff. CNG'S MOTION FOR LEAVE TO FILE ADDITIONAL AUTHORITY IN SUPPORT OF ITS RESPONSE TO GOOGLE'S MOTION FOR JUDGMENT ON THE PLEADINGS Plaintiff/Counter Defendant, CNG Financial Corporation ("CNG"), moves the Court for leave to file additional authority in support of its Response to Google's Motion for Judgment on the Pleadings. The case in question, Buying for the Home, LLC v. Humble Abode, LLC, No. 03cv-2783 (JAP), 2006 WL 3000459 (D.N.J. Oct. 20, 2006), is attached. This case, which holds that the purchase of a trademark to trigger a Google sponsored link constitutes a "use in commerce" under the Lanham Act, see id. at *5-*8, was not available until after CNG had fied its Response to Google's Motion. Respectfully submitted, /s/ Barrv D. Hunter An Gallagher Robinson Frost Brown Todd, LLC 2200 PNC Center 201 East Fifth Street Cincinnati, OH 45202-4182 TeL.: (513) 651-6800 Fax: (513) 651-6981 Dockets.Justia.com Case 1:06-cv-00040-SSB-TSB Document 33 Filed 11/02/2006 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 2 Case 1:06-cv-00040-SSB-TSB Document 33 Filed 11/02/2006 Page 3 of 3 CERTIFICATE OF SERVICE I certify that a copy of the foregoing was electronically filed with the Clerk of the Courts using the CMlECF, system which wil send notification of such fiing to the following, this 2nd day of November, 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 Isl Barry D. Hunter Attorney for Plaintiff/Counter Defendant LEXLibrary 0102393.0533475 316620v.1 3

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