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)
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
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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
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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
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