International Information Systems Security Certifications Consortium v. Degraphenreed et al

Filing 22

International Information Systems Security Certifications Consortium v. Degraphenreed et al

Doc. 22

Case 2:07-cv-01195-ALM-NMK

Document 22

Filed 01/10/2008

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION International Information Systems Security Certifications Consortium Plaintiff, v. Miko Degraphenreed, et al. Defendants. : : : : : : : : : :

Case No.: 2:07-cv-1195 Judge Marbley Magistrate Judge King

MOTION TO DISMISS DEFENDANT GOOGLE, INC. Pursuant to Rule 41(a)(2), Plaintiff International Information Systems Security Certifications Consortium, moves this Court for an Order dismissing all claims against Defendant Google, Inc., with prejudice. A brief memorandum in support of this motion is attached. A proposed order will be separately forwarded to the Court's chambers. Respectfully submitted, s/Craig R. Carlson by Joshua A. Kimsey Craig R. Carlson (0055415) Porter, Wright, Morris & Arthur, LLP 41 South High Street Columbus, OH 43215 Phone: [phone] Fax: [phone] E-mail: [e-mail] Trial Attorney for Plaintiff International Information Systems Security Certifications Consortium

Dockets.Justia.com

Case 2:07-cv-01195-ALM-NMK

Document 22

Filed 01/10/2008

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Of Counsel Joshua A. Kimsey (0080668) Porter, Wright, Morris & Arthur, LLP 41 South High Street Columbus, OH 43215 Phone: [phone] Fax: [phone] E-mail: [e-mail] Counsel for Plaintiff International Information Systems Security Certifications Consortium

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Case 2:07-cv-01195-ALM-NMK

Document 22

Filed 01/10/2008

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MEMORANDUM IN SUPPORT The present action alleges that Defendants Degraphenreed and Degrapheinread Information Systems Security Corporation (DISS Corp.) have been and are engaged in activities that infringe Plaintiff's federally-registered trademark. The Complaint asserts trademark infringement, unfair competition and false designation, dilution, and other claims against Degraphenreed and DISS Corp. The Complaint also alleges that Defendants Google, Inc. and Yahoo!, Inc. contributed to Degraphenreed's and DISS Corp.'s infringement by providing the method and platform for publication of infringing materials on the Internet. Plaintiff sought only injunctive relief against Defendants Google and Yahoo, requiring the removal of existing infringing material from the Internet and prevention of posting of future infringing material. Plaintiff does not seek direct damages from Google or Yahoo. During the period since this action was filed on November 16, 2007, the infringing material contained on websites hosted or published by Defendant Google has been removed. Because the material that Plaintiff alleged constituted contributory infringement by Google is no longer on the Internet, there is no need for this action to proceed against Google. Therefore, Plaintiff seeks to dismiss its claims against Google with prejudice, while proceeding against the remaining Defendants.1

Counsel for Plaintiff contacted counsel for Defendant Yahoo regarding this motion. Yahoo's counsel responded that it has no objection to the dismissal of Google from this action.

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Case 2:07-cv-01195-ALM-NMK

Document 22

Filed 01/10/2008

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CERTIFICATE OF SERVICE The undersigned hereby certifies that a true copy of the foregoing was duly served by ordinary U.S. mail, first class postage prepaid, or electronically through the Court' s ECF System at the email addresses registered with the Court, upon the following parties this 10th day of January, 2007: s/Craig R. Carlson by Joshua A. Kimsey Craig R. Carlson Benjamin C. Sasse A. Michael Anderton Robert J. Hanna TUCKER ELLIS & WEST, LLP 925 Euclid Avenue, Suite 1150 Cleveland, OH 44115-1475 Attorneys for Defendant Google, Inc. Michael H. Page KEKER & VAN NEST, LLP 710 Sansome Street San Francisco, CA 94111-1704 Attorney for Defendant Google, Inc. Howard S. Michael David S. Fleming BRINKS HOFER GILSON & LIONE 455 N. Cityfront Plaza Drive, Suite 3600 Chicago, IL 60611-5599 Attorney for Defendant Yahoo!, Inc. Douglas L. Rogers VORYS, SATER, SEYMOUR & PEASE, LLP 52 East Gay Street Columbus, OH 43216-1008 Attorney for Defendant Yahoo!, Inc.

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