CollegeNET, Inc. v. A.C.N., Inc.

Filing 13

CollegeNET, Inc. v. A.C.N., Inc.

Doc. 13

J. PETER STAPLES, OSB NO. 79404 Email: [e-mail] CHERNOFF, VILHAUER, MCCLUNG & STENZEL, LLP 1600 ODS Tower 601 SW Second Avenue Portland, OR 97204-3157 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant

IN THE UNITED STATES DISTRICT COURT DISTRICT OF OREGON

COLLEGENET, INC., a Delaware corporation Plaintiff, v. ACN, INC., d/b/a ANYCOLLEGE.NET, a Minnesota corporation Defendant.

Case No. 3:06 CV 00663 PK

ACN'S REPLY IN SUPPORT OF MOTION FOR EXTENSION Trademark Case

This is basically a trademark infringement case. As acknowledged in CollegeNET's brief, ACN, Inc. ("ACN") has already addressed one issue by adjusting its web presence and providing written assurances that the inadvertent situation would not reoccur. ACN filed its motion for extension upon receipt of an email from CollegeNET's attorneys that there was no understanding or agreement about extensions. Only after ACN filed its motion did CollegeNET confirm its offer of a one-week extension. CollegeNET's reason for opposing ACN's request for extension is that ACN's use of ANYCOLLEGE.NET is damaging CollegeNET on a daily basis. CollegeNET does not inform

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A.C.N.'S REPLY IN SUPPORT OF MOTION FOR EXTENSION

Chernoff, Vilhauer, McClung & Stenzel, LLP 1600 ODS Tower 601 S.W. Second Avenue Portland, OR 97204-3157

Dockets.Justia.com

the Court that it has known of ACN's use of ANYCOLLEGE.NET for almost six years without taking action. The elements of laches are unreasonable delay by the senior user and prejudice to the junior user. Under prevailing law, a six-year delay is presumptively unreasonable and CollegeNET's claim of daily damage is either hyperbole or an indictment of its six-year delay. CollegeNET's unreasonable delay undercuts its objection to the modest extension of time requested by ACN. DATED June 7, 2006. Respectfully submitted, CHERNOFF, VILHAUER, McCLUNG & STENZEL, L.L.P.

/s/ J. Peter Staples J. Peter Staples, OSB No. 79404 Of Attorneys for Defendants

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A.C.N.'S REPLY IN SUPPORT OF MOTION FOR EXTENSION

Chernoff, Vilhauer, McClung & Stenzel, LLP 1600 ODS Tower 601 S.W. Second Avenue Portland, OR 97204-3157