CNG Financial Corporation v. Google Inc

Filing 64

RESPONSE OPPOSING 63 MOTION for Leave to File Additional Authority In Support of Motion for Summary Judgment filed by Plaintiff. (Hunter, Barry) Modified on 7/5/2007 - To modify docket text (tt1, ).

CNG Financial Corporation v. Google Inc

Doc. 64

Case 1:06-cv-00040-SSB-TSB

Document 64

Filed 07/03/2007

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

CNG FINANCIAL CORPORATION
Case No. 1 :06-cv-040

Plaintiff/CounterclaimDefendant,
vs.

Chief Judge Sandra S. Beckwith Magistrate Timothy S. Black

GOOGLE INC.
Defendant/Counterclaim- :

CNG'S RESPONSE TO GOOGLE'S MOTION FOR LEA VE TO FILE ADDITIONAL AUTHORITY

Plaintiff.

In response to Google's Motion Plaintiff, CNG Financial Corporation, states that there is
no need for this Court to consider the unpublished case of FragranceNet. com, Inc. v.

FragranceXcom, Inc. as additional authority in support of Google's Motion for Summary
Judgment. FragranceNet.com is an opinion from a New York district court. Google has already

cited two decisions from New York in support of its position in this case. Moreover, as the
FragranceNet.com court itself acknowledged (at p.11), the question of whether triggering a
sponsored link with a trademarked keyword or a trademarked metatag constitutes a trademark
use has been resolved differently by the New York courts than by every other court to address the

issue throughout the country, including by the Court from the Eastern Division of this District in

TData Inc. v. Aircraft Technical Publishers, 411 F.Supp.2d 901, 911 (S.D.Ohio 2006).
Accordingly, the case supplies no new analysis which would be helpful to the Court.

Dockets.Justia.com

Case 1:06-cv-00040-SSB-TSB

Document 64

Filed 07/03/2007

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Respectfully submitted,

Isl Barry D. Hunter Ann Gallagher Robinson Frost Brown Todd, LLC 2200 PNC Center 201 East Fifth Street
Cincinnati,OH 45202-4182
Tel. [phone]
Fax: [phone]

Barry D. Hunter Medrith Lee Norman Frost Brown Todd LLC 250 West Main Street, Suite 2700 Lexington, Kentucky 40507 [phone]
(859) 231-001 1-fax

Attorneys for CNG FINANCIAL CORPORATION

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Case 1:06-cv-00040-SSB-TSB

Document 64

Filed 07/03/2007

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CERTIFICA TE OF SERVICE

I certify that a copy of the foregoing was electronically fied with the Clerk of the Courts
using the CM/CF, system which will send notification of such fiing to the following, this 3rd
day of July, 2007:

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

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