Plaintiff The Weather Underground, Inc. alleges Defendants Navigation Catalyst Systems Inc., Basic Fusion Inc., Connexus Corporation, and Firstlook Inc. used an automated process to register and use domain names that are confusingly similar to famous or distinctive trademarks owned by the Plaintiff.
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Date Filed
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Docket Text
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| February 27, 2009 |
1
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COMPLAINT filed by The Weather Underground, Incorporated against all defendants with Jury Demand. Plaintiff requests summons issued. Receipt No:
06450000000001890467 - Fee: $ 350. County of 1st Plaintiff: Washtenaw - County Where Action Arose: Washtenaw - County of 1st Defendant: Out of State. [Previously dismissed case: No] [Possible companion case(s): None]
(Attachments: # 1 Exhibit Wunderground's Blog Directory, # 2
Exhibit Printout of wunderground.com, # 3 Exhibit Quantcast Results for wunderground.com, # 4 Exhibit Printout of Display on Third Party Web Site, # 5 Exhibit
Printout of Wunderground's Web Site After User Clicked on Display, # 6 Exhibit List of Domains Owned by Wunderground, #
7 Exhibit True Copy of US Reg No 2,297,683, # 8 Exhibit True Copy
of Secs 8 and 15 for US Reg No 2,297.683, # 9 Exhibit True Copy of US REg No 2,324,272, # 10 Exhibit True Copy of Secs 8 and 15 for US Reg No 2,324,272, # 11
Exhibit True Copy of US Reg No 2,281,088, # 12 Index of Exhibits True Copy of Secs 8 and 15 for US Reg No 2,281,088, #
13 Exhibit True Copy of US Reg No 2,447,954, # 14 Exhibit True
Copy of Secs 8 and 15 for US Reg No 2,447,954, # 15 Exhibit True Coyp of US Reg No 3,527,030, # 16 Exhibit Prinout of Serial No. 77-631,410, # 17 Exhibit Printout of
qwunderground.com, # 18 Exhibit Table of Domain Names Registered to Navigation Catalyst Systetms, # 19 Exhibit Prinout of udergroundweather.com, # 20 Exhibit Prinout of
Links fro udergroundweather.com, # 21 Exhibit WHOIS for wunderphotos.com, # 22 Exhibit Printout of Web Site fro wunderphotos.com) (Schaefer, Craig) (Entered: February 27, 2009)
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| February 27, 2009 |
2
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NOTICE of Appearance by Craig E. Schaefer on behalf of The Weather Underground, Incorporated. (Schaefer, Craig) (Entered: February 27, 2009)
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| February 27, 2009 |
3
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Trademark Report Sent To Washington (Schaefer, Craig) (Entered: February 27, 2009)
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| February 27, 2009 |
4
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SUMMONS Issued for *Basic Fusion, Incorporated* (LBeh) (Entered: February 27, 2009)
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| February 27, 2009 |
5
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SUMMONS Issued for *Connexus Corporation* (LBeh) (Entered: February 27, 2009)
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| February 27, 2009 |
6
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SUMMONS Issued for *Firstlook, Incorporated* (LBeh) (Entered: February 27, 2009)
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| February 27, 2009 |
7
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SUMMONS Issued for *Navigation Catalyst Systems, Incorporated* (LBeh) (Entered: February 27, 2009)
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| March 3, 2009 |
8
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NOTICE of Appearance by Anthony P. Patti on behalf of Weather Underground, Incorporated. (Patti, Anthony) (Entered: March 3, 2009)
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| March 5, 2009 |
9
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NOTICE of Appearance by Brian A. Hall - NOT SWORN on behalf of Weather Underground, Incorporated. (Hall - NOT SWORN, Brian) (Entered: March 5, 2009)
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| March 9, 2009 |
10
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CERTIFICATE of Service/Summons Returned Executed. Connexus Corporation served on 3/5/2009, answer due 3/25/2009. (Schaefer, Enrico) (Entered: March 9, 2009)
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| March 9, 2009 |
11
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CERTIFICATE of Service/Summons Returned Executed. Firstlook, Incorporated served on 3/5/2009, answer due 3/25/2009. (Schaefer, Enrico) (Entered: March 9, 2009)
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| March 12, 2009 |
12
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CERTIFICATE of Service/Summons Returned Executed. Basic Fusion, Incorporated served on 3/9/2009, answer due 3/30/2009. (Hall - NOT SWORN, Brian) (Entered: March 12, 2009)
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| March 12, 2009 |
13
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CERTIFICATE of Service/Summons Returned Executed. Navigation Catalyst Systems, Incorporated served on 3/9/2009, answer due 3/30/2009. (Hall - NOT SWORN, Brian) (Entered: March 12, 2009)
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| April 15, 2009 |
14
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ATTORNEY APPEARANCE: John P. Jacobs appearing on behalf of Connexus Corporation as Local Counsel (Jacobs, John) Modified on 4/15/2009 (PMil).[APPEARANCE ALSO FILED ON BEHALF OF
NAVIGATION CATALYST SYSTEMS, INC., BASIC FUSION AND FIRSTLOOK, INCORPORATED] (Entered: April 15, 2009)
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| April 15, 2009 |
15
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MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(2) Or, In The Alternative, Transfer by Navigation Catalyst Systems, Incorporated, Basic Fusion, Incorporated, Connexus
Corporation, Firstlook, Incorporated. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit A-Judicial Caseload Profile Report for the Central District of California, # 3 Exhibit Exhibit B-Judicial Caseload Profile Report for the Eastern District of Michigan, # 4 Exhibit Exhibit C-Printouts of Plaintiff's Website, # 5 Exhibit Exhibit
D-Printouts of Cases in Support of Motion to Dismiss) (Jacobs, John) (Entered: April 15, 2009)
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| April 16, 2009 |
16
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NOTICE of hearing on 15 MOTION to Dismiss Pursuant to Fed. R. Civ. P.
12(B)(2) Or, In The Alternative, Transfer MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(2) Or, In The Alternative, Transfer MOTION to Dismiss Pursuant to Fed. R. Civ.
P. 12(B)(2) Or, In The Alternative, Transfer. Responses due by 5/15/2009 Replies due by 6/1/2009 Motion Hearing set for 7/8/2009 02:00 PM before District Judge Marianne O Battani. (CMot) (Entered: April 16, 2009)
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| April 21, 2009 |
17
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EXHIBIT "A" to Declaration of Seth Jacoby re 15 MOTION to Dismiss
Pursuant to Fed. R. Civ. P. 12(B)(2) Or, In The Alternative, Transfer MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(2) Or, In The Alternative, Transfer MOTION to
Dismiss Pursuant to Fed. R. Civ. P. 12(B)(2) Or, In The Alternative, Transfer by Navigation Catalyst Systems, Incorporated, Basic Fusion, Incorporated, Connexus Corporation,
Firstlook, Incorporated (Attachments: # 1 Exhibit Exhibit A to Declaration of Seth Jacoby) (Jacobs, John) (Entered:
04/21/2009)
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| May 15, 2009 |
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Reset Deadlines as to 15 MOTION to Dismiss Pursuant to Fed. R. Civ. P.
12(B)(2) Or, In The Alternative, Transfer MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(2) Or, In The Alternative, Transfer MOTION to Dismiss Pursuant to Fed. R. Civ.
P. 12(B)(2) Or, In The Alternative, Transfer. Motion Hearing reset for 7/22/2009 03:00 PM before District Judge Marianne O Battani (CMot) (Entered:
05/15/2009)
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| May 15, 2009 |
18
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RESPONSE to 15 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(2) Or, In
The Alternative, Transfer MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(2) Or, In The Alternative, Transfer MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(2) Or,
In The Alternative, Transfer filed by Weather Underground, Incorporated. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit) (Schaefer, Enrico) (Entered: May 15, 2009)
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| May 20, 2009 |
19
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AFFIDAVIT of Jeff Ferguson re 18 Response to Motion,, by Weather Underground,
Incorporated (Patti, Anthony) (Entered: May 20, 2009)
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| May 27, 2009 |
20
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REPLY to Response re 15 MOTION to Dismiss Pursuant to Fed. R. Civ. P.
12(B)(2) Or, In The Alternative, Transfer Reply Memorandum In Support filed by Navigation Catalyst Systems, Incorporated, Basic Fusion, Incorporated, Connexus Corporation,
Firstlook, Incorporated. (Jacobs, John) Modified on 5/27/2009 (PMil). (Entered: May 27, 2009)
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| July 22, 2009 |
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Minute Entry -Motion Hearing held on 7/22/2009 re 15 MOTION to Dismiss
Pursuant to Fed. R. Civ. P. 12(B)(2) Or, In The Alternative, Transfer MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(2) Or, In The Alternative, Transfer MOTION to
Dismiss Pursuant to Fed. R. Civ. P. 12(B)(2) Or, In The Alternative, Transfer filed by Firstlook, Incorporated, Connexus Corporation, Basic Fusion, Incorporated, Navigation
Catalyst Systems, Incorporated before District Judge Marianne O Battani. (Court Reporter Allen Burnham) (CMot) (Entered: July 22, 2009)
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| November 13, 2009 |
21
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OPINION AND ORDER granting in part and denying in part 15 Motion to Dismiss.
The Court dismisses Connexus, Basic Fusion, and First Look. Further, the Court denies Defendants' request for transfer.. Signed by District Judge Marianne O Battani. (BThe) (Entered:
11/13/2009)
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| November 25, 2009 |
22
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MOTION for Reconsideration of November 13, Opinion And Order by Navigation Catalyst Systems, Incorporated. (Jacobs, John) (Entered: November 25, 2009)
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| December 2, 2009 |
23
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NOTICE TO APPEAR: Scheduling Conference set for 1/11/2010 03:30 PM before District Judge Marianne O Battani (REFER TO IMAGE FOR FURTHER DETAILS). (BThe)
(Entered: December 2, 2009)
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| December 15, 2009 |
24
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NOTICE of Appearance by William A Delgado on behalf of Navigation Catalyst Systems, Incorporated, Basic Fusion, Incorporated, Connexus Corporation, Firstlook, Incorporated. (Delgado,
William) (Entered: December 15, 2009)
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| January 5, 2010 |
25
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DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Attachments: # 1 Exhibit A - 01-02-10 email
from Delgado, # 2 Exhibit B - 01-04-10 email and letter to Delgado, # 3 Exhibit C - 01-04-10 ltr from Delgado) (Schaefer, Enrico) (Entered: January 5, 2010)
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| January 6, 2010 |
26
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NOTICE of Appearance by Benjamin K. Steffans on behalf of Navigation Catalyst Systems, Incorporated. (Steffans, Benjamin) [INCORRECT CASE NUMBER LISTED ON DOCUMENT] Modified on 1/6/2010
(DEld). (Entered: January 6, 2010)
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| January 6, 2010 |
27
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DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Delgado, William) (Entered: January 6, 2010)
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| January 8, 2010 |
28
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STIPULATED ORDER for Substitution of Counsel. Signed by District Judge Marianne O Battani. (CGre) (Entered: January 8, 2010)
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| January 11, 2010 |
29
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MOTION to Compel Disclosures and for Sanctions by Weather Underground, Incorporated. (Attachments: # 1 Exhibit A -
Plaintiff's Initial Disclosures, # 2 Exhibit B - Defendant's Initial Disclosures) (Schaefer, Enrico) (Entered: January 11, 2010)
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| January 11, 2010 |
30
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ORDER denying 22 Motion for Reconsideration. Signed by District Judge Marianne
O Battani. (BThe) (Entered: January 11, 2010)
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| January 11, 2010 |
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Minute Entry - Scheduling Conference held on 1/11/2010 before District Judge Marianne O Battani. (Court Reporter Rob L. Smith) (CMot) (Entered: January 12, 2010)
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| January 13, 2010 |
31
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SCHEDULING ORDER: Status Conference set for 5/12/2010 02:30 PM before District Judge Marianne O Battani Discovery due by
7/12/2010 Signed by District Judge Marianne O Battani. (Refer to image for additional dates) (CMot) (Entered: January 13, 2010)
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| January 14, 2010 |
32
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ORDER REFERRING MOTION to Magistrate Judge Virginia M Morgan: 29 MOTION to
Compel Disclosures and for Sanctions filed by Weather Underground, Incorporated. Signed by District Judge Marianne O Battani. (BThe) (Entered: January 14, 2010)
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| January 22, 2010 |
33
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ANSWER to Complaint with Affirmative Defenses with Jury Demand by Navigation Catalyst Systems, Incorporated. (Delgado, William) (Entered: January 22, 2010)
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| January 25, 2010 |
34
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RESPONSE to 29 MOTION to Compel Disclosures and for Sanctions filed by
Navigation Catalyst Systems, Incorporated. (Delgado, William) (Entered: January 25, 2010)
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| January 28, 2010 |
35
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NOTICE of hearing on 29 MOTION to Compel Disclosures and for Sanctions.
Resolved/Unresolved Issues due by 2/5/2010 Motion Hearing set for 2/10/2010 09:30 AM before Magistrate Judge Virginia M
Morgan. (JJoh) (Entered: January 28, 2010)
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