Rosetta Stone LTD v. Google Inc.

Filing 108

Declaration re 103 MOTION for Partial Summary Judgment of Jeanne May by Rosetta Stone LTD. (Attachments: # 1 Exhibit 1 - 6)(Allen, Warren)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION

____________________________________
ROSETTA STONE LTD.,
)
)
Plaintiff,
)
)
vs.
)
)
GOOGLE INC.,
)
)
Defendant.
)
____________________________________)

Case No. 1:09-cv-00736 (GBL/TCB)

DECLARATION OF JEANNE B. MAY IN SUPPORT OF ROSETTA STONE LTD.’S
MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO LIABILITY

I, Jeanne B. May, declare and state as follows:
1.

I am a manager in the legal department of Rosetta Stone Ltd. (“Rosetta

Stone”). In that capacity, I am responsible for maintaining documents associated with Rosetta
Stone’s trademark filings and registrations. I make this Declaration based on my own personal
knowledge, and if called upon to do so, I could and would testify competently thereto.
2.

The mark ROSETTA STONE is registered with the United States Patent

and Trademark Office (the “USPTO”) for “computer software for teaching foreign languages”
and “computer software for learning foreign languages” under Registration Number 2,761,492.
Attached hereto as May Exhibit 1 are true and correct copies of the USPTO Certificate of
Registration for the mark ROSETTA STONE and the Combined Declaration of Use and
Incontestability Under Sections 8 and 15.
3.

The mark ROSETTA STONE LANGUAGE LEARNING SUCCESS is

registered with the USPTO for “computer software for language learning” under Registration
Numbers 2,781,324. Attached hereto as May Exhibit 2 is a true and correct copy of the USPTO
Certificate of Registration for the mark ROSETTA STONE LANGUAGE LEARNING
SUCCESS.
4.

The mark ROSETTASTONE.COM is registered with the USPTO for

“computer software for teaching foreign languages” and “computer software for learning foreign
languages” under Registration Number 3,454,358. Attached hereto as May Exhibit 3 is a true
and

correct

copy

of

the

USPTO

Certificate

of

Registration

for

the

mark

ROSETTASTONE.COM.
5.

The mark ROSETTA WORLD is registered with the USPTO for

“computer software for teaching foreign languages” and “computer software for learning foreign

languages" under Registration Number 3,514,220. Attached hereto as May Exhibit 4 is a true
and correct copy of the USPTO Certificate of Registration for the mark ROSETTA WORLD.

6.

Attached hereto as May Exhibit 5 is a true and correct copy of the

Commonwealth of Virginia Certificate of Registration for the mark ROSETTA STONE.
7.

Attached hereto as May Exhibit 6 is a true and correct copy of a

Certificate of Amendment dated April 16, 2007, changing the name of a Virginia Stock
Corporation from Fairfield & Sons, Ltd. to Rosetta Stone Ltd.

I declare under penalty of perjury under the laws of the United States of America
that the foregoing is true and correct.
Executed on March 25,2010, at Harrisonburg, Virginia.

CERTIFICATE OF SERVICE
I hereby certify that on March 26, 2010, I will electronically file the foregoing
with the Clerk of Court using the CM/ECF system, which shall send notification of such filing
(NEF) to the following:
Jonathan D. Frieden
ODIN, FELDMAN & PETTLEMAN, P.C.
9302 Lee Highway, Suite 1100
Fairfax, VA 22031
[e-mail]
Counsel for Defendant, Google Inc.
Respectfully submitted,
March 26, 2010
Date

/s/
Warren T. Allen II (Va. Bar No. 72691)
Attorney for Rosetta Stone Ltd.
Skadden, Arps, Slate, Meagher & Flom LLP
1440 New York Avenue, N.W.
Washington, D.C. 20005-2111
Telephone: [phone]
Facsimile: [phone]
[e-mail]