American Blind and Wallpaper Factory, Inc. v. Google, Inc. et al

Plaintiff:American Blind and Wallpaper Factory, Inc.
Defendant:Google, Inc., America Online, Inc., Netscape Communications Corporation, Compuserve Interactive Services, Inc., Ask Jeeves, Inc. and Earthlink, Inc.
 
Case Number:1:2004cv00642
Filed:January 27, 2004
 
Court:New York Southern District Court
Office:Foley Square Office [ Court Info ]
County:XX Out of State
 
Nature of Suit:Intellectual Property - Trademark
Cause:15:1114 Trademark Infringement
Jurisdiction:Federal Question
Jury Demanded By:Plaintiff

Date Filed

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Docket Text

January 27, 2004 1 COMPLAINT against America Online, Inc., Ask Jeeves, Inc., Compuserve Interactive Services, Inc., Earthlink, Inc., Google, Inc., Netscape Communications Corporation. (Filing Fee $ 150.00, Receipt Number 497473)Document filed by American Blind and Wallpaper Factory, Inc..(gmo, ) (Entered: January 30, 2004)
January 27, 2004 2 RULE 7.1 DISCLOSURE STATEMENT. Document filed by American Blind and Wallpaper Factory, Inc..(gmo, ) (Entered: January 30, 2004)
January 27, 2004   Magistrate Judge James C. Francis is so designated. (gmo, ) (Entered: January 30, 2004)
February 9, 2004 3 ORDER: Initial Conference set for 5/7/2004 12:30 PM before Judge Louis L. Stanton in room 21C. (Signed by Judge Louis L. Stanton on 2/6/04) (kw, ) (Entered: February 13, 2004)
February 24, 2004 4 AFFIDAVIT OF SERVICE of Summons and Complaint,. Google, Inc. served on 2/11/2004, answer due 3/2/2004. Service was accepted by overnight mail. Document filed by American Blind and Wallpaper Factory, Inc.. (cd, ) (Entered: February 25, 2004)
February 24, 2004 5 AMENDED COMPLAINT amending [1] Complaint, against America Online, Inc., Ask Jeeves, Inc., Compuserve Interactive Services, Inc., Earthlink, Inc., Google, Inc., Netscape Communications Corporation.Document filed by American Blind and Wallpaper Factory, Inc.. Related document: [1] Complaint, filed by American Blind and Wallpaper Factory, Inc..(dle, ) (Entered: February 25, 2004)
February 27, 2004 6 AFFIDAVIT OF SERVICE of Summons and Amended Complaint, Complaint. America Online, Inc. served on 2/24/2004, answer due 3/15/2004. Service was accepted by Nikki Chapple. Document filed by American Blind and Wallpaper Factory, Inc.. (sac, ) (Entered: March 1, 2004)
February 27, 2004 7 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Netscape Communications Corporation served on 2/24/2004, answer due 3/15/2004. Service was accepted by Nikki Chapple, service of process representative. Document filed by American Blind and Wallpaper Factory, Inc. (djc, ) (Entered: March 1, 2004)
February 27, 2004 8 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Ask Jeeves, Inc. served on 2/24/2004, answer due 3/15/2004. Service was accepted by Nikki Chapple. (sb, ) (Entered: March 2, 2004)
March 1, 2004 9 STIPULATION AND ORDER that the time for the Defendant Google, Inc to answer, move or otherwise respond to the Complaint is extended until 4/8/2004. (Signed by Judge Louis L. Stanton on 2/26/2004) (jsa, ) (Entered: March 3, 2004)
March 1, 2004   Set Answer Due Date purs. to [9] Stipulation and Order as to Google, Inc. answer due on 4/8/2004. (jsa, ) (Entered: March 3, 2004)
March 3, 2004 10 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Earthlink, Inc. served on 2/24/2004, answer due 3/15/2004. Service was accepted by Monique Jobes. Document filed by American Blind and Wallpaper Factory, Inc. (jco, ) (Entered: March 5, 2004)
March 8, 2004 11 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Compuserve Interactive Services, Inc. served on 2/25/2004, answer due 3/16/2004. Service was accepted by Adam Broz. Document filed by American Blind and Wallpaper Factory, Inc. (yv, ) (Entered: March 11, 2004)
March 16, 2004 12 STIPULATION AND ORDER; that the time for Defendants Earthlink, Inc. and Ask Jeeves, Inc. to answer, move or otherwise respond to the Complaint is extended until 4/8/04. (Signed by Judge Louis L. Stanton on 3/16/04) (sac, ) (Entered: March 19, 2004)
March 16, 2004   Set Answer Due Date purs. to [12] Stipulation and Order as to Ask Jeeves, Inc. answer due on 4/8/2004; Earthlink, Inc. answer due on 4/8/2004. (sac, ) (Entered: March 19, 2004)
March 22, 2004 13 STIPULATION AND ORDER. The time for defendants America Online, Inc., Netscape Communications Corporation and Compuserve Interactive Services, Inc. to answer, move or otherwise respond to the complaint is extended until 4/8/04. (Signed by Judge Louis L. Stanton on 3/22/04) (yv, ) (Entered: March 25, 2004)
March 22, 2004   Set Answer Due Date purs. to [13] Stipulation and Order, as to America Online, Inc. answer due on 4/8/2004; Compuserve Interactive Services, Inc. answer due on 4/8/2004; Netscape Communications Corporation answer due on 4/8/2004. (yv, ) (Entered: March 25, 2004)
March 24, 2004 14 NOTICE OF MOTION (FILED ON SERVICE DATE) for Susan Greenspon and David A. Rammelt to Appear Pro Hac Vice.with attached declaration of Paul W. Garriety and affdvts of Susan Greenspon and David A. Rammelt in support. (accepted for filing LLS 3/29/04) Document filed by American Blind and Wallpaper Factory, Inc.. (pa, ) (Entered: March 31, 2004)
April 5, 2004 15 NOTICE OF MOTION (FILED ON SERVICE DATE) for Michael H. Page to Appear Pro Hac Vice with attached delcaration of Christina Y. Song in support. (nite dep. box) Document filed by Google, Inc.. (pa, ) (Entered: April 8, 2004)
April 5, 2004 16 NOTICE OF MOTION (FILED ON SERVICE DATE) for Ravind S. Grewal to Appear Pro Hac Vice with attached declaration of Christina Y. Song in support. (nite dep. box). Document filed by Google, Inc.. (pa, ) (Entered: April 8, 2004)
April 9, 2004 17 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Google, Inc. (jco, ) Modified on 4/12/2004 (jco, ). (Entered: April 12, 2004)
April 9, 2004 18 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Earthlink, Inc. (jco, ) (Entered: April 12, 2004)
April 9, 2004 19 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Ask Jeeves, Inc. (jco, ) (Entered: April 12, 2004)
April 9, 2004 20 RULE 7.1 DISCLOSURE STATEMENT. Document filed by America Online, Inc. (jco, ) (Entered: April 12, 2004)
April 9, 2004 21 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Netscape Communications Corporation.(jco, ) (Entered: April 12, 2004)
April 9, 2004 22 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Compuserve Interactive Services, Inc.(jco, ) (Entered: April 12, 2004)
April 9, 2004 23 MOTION (FILED ON SERVICE DATE) for an Order dismissing this case, or in the alternative, MOTION (FILED ON SERVICE DATE) transferring this case, on the ground that plaintiff American Blind and Wallpaper Factory, Inc. filed its claims against defendants in the improper venue. Document filed by Ask Jeeves, Inc., Earthlink, Inc., Google, Inc. (jco, ) (Entered: April 12, 2004)
April 9, 2004 24 NOTICE OF JOINDER to join re: [23] MOTION (FILED ON SERVICE DATE) to Dismiss. MOTION (FILED ON SERVICE DATE) to Transfer Case. MOTION (FILED ON SERVICE DATE) to Transfer Case. Document filed by America Online, Inc., Compuserve Interactive Services, Inc., Netscape Communications Corporation.(jco, ) (Entered: April 12, 2004)
April 9, 2004 25 MEMORANDUM OF LAW in Support re: [23] MOTION (FILED ON SERVICE DATE) to Dismiss. MOTION (FILED ON SERVICE DATE) to Transfer Case. MOTION (FILED ON SERVICE DATE) to Transfer Case. Document filed by Ask Jeeves, Inc., Earthlink, Inc., Google, Inc. (jco, ) (Entered: April 12, 2004)
April 9, 2004 26 DECLARATION of Rose A. Hagan in Support re: [23] MOTION (FILED ON SERVICE DATE) to Dismiss. MOTION (FILED ON SERVICE DATE) to Transfer Case. MOTION (FILED ON SERVICE DATE) to Transfer Case. (jco, ) (Entered: April 12, 2004)
April 9, 2004 27 DECLARATION of Ravind S. Grewal in Support re: [23] MOTION (FILED ON SERVICE DATE) to Dismiss. MOTION (FILED ON SERVICE DATE) to Transfer Case. MOTION (FILED ON SERVICE DATE) to Transfer Case. (jco, ) (Entered: April 12, 2004)
April 13, 2004 28 NOTICE OF MOTION (FILED ON SERVICE DATE) for Michael H. Page to Appear Pro Hac Vice.(nite dep. box) Document filed by Ask Jeeves, Inc., Earthlink, Inc.. (pa, ) (Entered: April 15, 2004)
April 13, 2004 29 NOTICE OF MOTION (FILED ON SERVICE DATE) for Ravind s. Grewal to Appear Pro Hac Vice.(nite dep. box) Document filed by Ask Jeeves, Inc., Earthlink, Inc.. (pa, ) (Entered: April 15, 2004)
April 28, 2004 30 STIPULATION AND ORDER; that the time for plaintiff American Blind and Wall Paper Factory, Inc. to respond to dfts motion to dismiss is extended until 5/26/04. (Signed by Judge Louis L. Stanton on 4/27/04) (pl, ) (Entered: April 29, 2004)
April 28, 2004   Set/Reset Scheduling Order Deadlines: Responses due by 5/26/2004 (pl, ) (Entered: April 29, 2004)
May 26, 2004 31 RESPONSE in Opposition re: [23] MOTION (FILED ON SERVICE DATE) to Dismiss. MOTION (FILED ON SERVICE DATE) to Transfer Case. MOTION (FILED ON SERVICE DATE) to Dismiss. MOTION (FILED ON SERVICE DATE) to Transfer Case.. Document filed by American Blind and Wallpaper Factory, Inc.. Received in the night deposit box on 5/26/04 at 6:19 P.M. (sac, ) (Entered: May 27, 2004)
May 26, 2004 32 DECLARATION of Paul W. Garrity in Opposition re: [23] MOTION (FILED ON SERVICE DATE) to Dismiss. MOTION (FILED ON SERVICE DATE) to Transfer Case. MOTION (FILED ON SERVICE DATE) to Dismiss. MOTION (FILED ON SERVICE DATE) to Transfer Case.. Document filed by American Blind and Wallpaper Factory, Inc.. (sac, ) (Entered: May 27, 2004)
June 7, 2004 33 REPLY MEMORANDUM OF LAW in Support re: [23] MOTION (FILED ON SERVICE DATE) to Dismiss. MOTION (FILED ON SERVICE DATE) to Transfer Case. MOTION (FILED ON SERVICE DATE) to Transfer Case. Document filed by Ask Jeeves, Inc., Earthlink, Inc., Google, Inc.. (sac, ) (Entered: June 8, 2004)
June 7, 2004 34 JOINDER to join re: [33] Reply Memorandum of Law in Support of Motion,. Document filed by America Online, Inc., Compuserve Interactive Services, Inc., Netscape Communications Corporation.(sac, ) (Entered: June 8, 2004)
June 25, 2004   Minute Entry for proceedings held before Judge Louis L. Stanton : Interim Pretrial Conference held on 6/25/2004. Judge's decision: Judge will dismiss case w/o prejudice. (db, ) (Entered: 06/29/2004)
June 28, 2004   ORDER granting [23] Motion to Dismiss.. (Signed by Judge Louis L. Stanton on 6/25/2004) (jp, ) (Entered: June 29, 2004)
June 28, 2004   Transmission to Judgments and Orders Clerk. Transmitted re: Order on Motion to Dismiss, Order on Motion to Transfer Case, to the Judgments and Orders Clerk for preparation of Judgment. (jp, ) (Entered: June 29, 2004)
June 30, 2004 35 CLERK'S JUDGMENT granting defendants' motion and dismissing the complaint without prejudice. (Signed by J. Michael McMahon, clerk on 6/30/04) (ml, ) (Entered: June 30, 2004)
July 8, 2004   Mailed notice of Right to Appeal to Attorney(s) of Record: Paul Wendell Garrity, Brian V Otero, Christina Y Song. (snu, ) (Entered: July 8, 2004)
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Plaintiff: American Blind and Wallpaper Factory, Inc.
Represented By: Paul Wendell Garrity
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Defendant: Google, Inc.
Represented By: Christina S. Kim, Brian V Otero
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Defendant: America Online, Inc.
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Defendant: Netscape Communications Corporation
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Defendant: Compuserve Interactive Services, Inc.
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Defendant: Ask Jeeves, Inc.
Represented By: Christina S. Kim, Brian V Otero
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Defendant: Earthlink, Inc.
Represented By: Brian V Otero, Christina S. Kim
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