John Beck Amazing Profits, LLC v. Google Inc. et al

Filing 59

Opposed MOTION to Certify Class by John Beck Amazing Profits, LLC, The Rodney A. Hamilton Living Trust. (Attachments: # 1 Affidavit of David Whittlesey, # 2 Text of Proposed Order)(Fenster, Marc)

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John Beck Amazing Profits, LLC v. Google Inc. et al Doc. 59 Att. 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION THE RODNEY A. HAMILTON LIVING TRUST and JOHN BECK AMAZING PROFITS, LLC, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. (1) GOOGLE, INC.; AND (2) AOL, LLC; Defendants. Civil Action No. 2:09-cv-00151 CLASS ACTION COMPLAINT JURY TRIAL DEMANDED ORDER GRANTING MOTION FOR CLASS CERTIFICATION The Court, having considered said motion, finds that it is well taken and should be granted. IT IS, THEREFORE, ORDERED that Plaintiffs The Rodney Hamilton Living Trust and John Beck Amazing Profits, LLC ("Plaintiffs") motion to certify this case as a class action, name The Rodney Hamilton Living Trust and John Beck Amazing Profits, LLC as class representatives, and appoint counsel Marc Fenster of Russ, August & Kabat, David Whittlesey of Andrews Kurth LLP, Andrew W. Spangler and David M. Pridham jointly as class counsel is hereby granted. The following class is certified in the above captioned action: Any and all individuals and/or entities (excluding governmental entities Defendants, and Defendants' parents, predecessors, subsidiaries, affiliates, and agents) domiciled in the United States that own a mark that has been registered with the United States Patent and Trademark Office ("USPTO") that has been sold by defendant Google as a keyword and/or an Adword during the period May 14, 2005 through the present. 3092-001 100917 PO MT Class Certification.doc Dockets.Justia.com 3092-001 100917 PO MT Class Certification.doc 2

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