Craigslist v. Dealercmo - CraigsMax

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  • 8/19/2019 Craigslist v. Dealercmo - CraigsMax trademark.pdf

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     ATTORNEYS  AT L AW  

    S AN FRANCISCO 

    OC\2200066.2 COMPLAIN

     

    LATHAM & WATKINS LLP Perry J. Viscounty (Bar No. 132143)

     perry.viscounty@lw.com 140 Scott Drive Menlo Park, CA 94025 (650) 328-4600 / (650) 463-2600 Fax

    LATHAM & WATKINS LLPJennifer L. Barry (Bar No. 228066)  jennifer.barry@lw.com 12670 High Bluff Drive San Diego, CA 92130 (858) 523-5400 / (858) 523-5450 Fax

    Attorneys for Plaintiff craigslist, Inc.

    UNITED STATES DISTRICT COURT

     NORTHERN DISTRICT OF CALIFORNIA

    SAN FRANCISCO DIVISION

    CRAIGSLIST, INC., a Delaware corporation,

    Plaintiff,

    v.

    DEALERCMO, INC., a California

    corporation; and Does 1 through 10, inclusive,

    Defendants.

    Case No.

    COMPLAINT FOR:

    (1) Federal Trademark Infringement (2) Federal False Designation of Origin (3) Federal Dilution of a Famous Mark (4) Cybersquatting

    (5) Common Law Unfair Competition

    DEMAND FOR JURY TRIAL

    Case 3:16-cv-01451 Document 1 Filed 03/23/16 Page 1 of 14

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     ATTORNEYS  AT L AW  

    S AN FRANCISCO 

    OC\2200066.2 1  COMPLAIN

     

    For its Complaint against Defendants DealerCMO, Inc. and Does 1-10, craigslist, Inc.

    (“craigslist”) alleges as follows:

    INTRODUCTION

    1.  craigslist provides local community classifieds, largely without charge and free

    from third-party advertising and marketing. Many tens of millions of users rely on these unique

    marketplaces for finding and/or offering basic necessities in their local areas, such as

    employment, housing, transportation, used goods, services, romance, friendship, and community

    information.

    2.  The craigslist trademark is indisputably famous. Indeed, the defendants opted to

    trade off of the fame of that name rather than create their own brand by launching an auto

     posting company called “CraigsMax.” This unauthorized use of a confusingly similar mark

    improperly and unfairly infringes craigslist’s valuable trademark rights.

    3.  By this action, craigslist seeks to put a stop to the defendants’ unlawful conduct

    and obtain compensation for the violations that have occurred thus far.

    JURISDICTION AND VENUE

    4.  This is a civil action alleging trademark infringement, false designation of origin

    and unfair competition, dilution, and cyberpiracy under the Lanham Act, 15 U.S.C. §§ 1114,

    1125.

    5.  Pursuant to 15 U.S.C. § 1121 and 28 U.S.C. § 1338(a), this Court has subject

    matter jurisdiction over craigslist’s claims for relief for violation of the federal trademark and

    unfair competition statutes. Pursuant to 28 U.S.C. § 1338(b), this Court has supplemental

     jurisdiction over craigslist’s state law claim because the claim is joined with substantial and

    related claims under the Lanham Act. This Court also has supplemental jurisdiction over the

    state law claim pursuant to 28 U.S.C. § 1367(a) because all of craigslist’s claims arise out of a

    common nucleus of operative facts.

    6.  This Court has personal jurisdiction over the defendants because they reside and

    maintain offices in this State.

    7.  Venue is proper in this District under 28 U.S.C. § 1391, because a substantial part

    Case 3:16-cv-01451 Document 1 Filed 03/23/16 Page 2 of 14

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     ATTORNEYS  AT L AW  

    S AN FRANCISCO 

    OC\2200066.2 2 COMPLAI

     

    of the events or omissions giving rise to the claims occurred in this District.

    8.  This is an intellectual property action to be assigned on a district-wide basis under

    Civil Local Rule 3-2. This case may also be assigned to the San Francisco Division, as a

    substantial part of the events giving rise to the alleged claims occurred in San Francisco County.

    THE PARTIES

    9.  craigslist, Inc. is a Delaware corporation, with its principal place of business in

    San Francisco, California.

    10.  DealerCMO, Inc. is a California corporation, with its principal place of business

    in San Jose, California.

    11.  Does 1-10 are persons or entities responsible in whole or in part for the

    wrongdoing alleged herein (“Doe Defendants”). craigslist is informed and believes, and based

    thereon, alleges that each of the Doe Defendants participated in, ratified, endorsed, or was

    otherwise involved in the acts complained of, and that they have liability for such acts. craigslist

    will amend this Complaint if and when the identities of such persons or entities and/or the scope

    of their actions become known.

    12.  DealerCMO, Inc. and the Doe Defendants, and their agents, affiliates, and other

    co-conspirators are collectively referred to as “Defendants.”

    FACTS

    A.  craigslist and Its Trademarks.

    13.  Founded in San Francisco, California in 1995 by Craig Newmark, craigslist began

    as an email list for friends and co-workers to share information about events in and around the

    San Francisco Bay Area. It grew over time in size and scope, and became the world’s largest

    online forum for local classified advertising and community discussions. craigslist continues to

    maintain its headquarters in San Francisco.

    14.  Today craigslist is one of the most visited sites on the internet, with hundreds of

     billions of page views served annually. More than 60 million Americans visit craigslist each

    month, and they collectively post several hundred million classified ads each year.

    15.  craigslist is the owner of the CRAIGSLIST ®

     mark and the following U.S. Federal

    Case 3:16-cv-01451 Document 1 Filed 03/23/16 Page 3 of 14

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     ATTORNEYS  AT L AW  

    S AN FRANCISCO 

    OC\2200066.2 3 COMPLAI

     

    Registrations (the “Registrations”):

    a.   No. 2,395,628 for the CRAIGSLIST ®

     mark in Classes 35 and 38. This

    registration is incontestable.

     b.   No. 2,905,107 for the CRAIGSLIST ®

     mark in Class 38. This registration

    is incontestable.

    c.   No. 2,985,065 for the CRAIGSLIST ®  mark in Class 35. This registration

    is incontestable.

    d.   No. 3,008,562 for the CRAIGSLIST ®

     mark in Classes 36 and 42. This

    registration is incontestable.

    2.  craigslist has also registered the CRAIGSLIST ®

     mark in many other countries

    throughout the world.

    3.  craigslist has used the CRAIGSLIST ®  mark in commerce since 1995. craigslist’s

    use has been substantially continuous and exclusive. craigslist therefore owns longstanding

    common law rights in the CRAIGSLIST ®

     mark.

    4.  craigslist has attained strong name recognition in the CRAIGSLIST ®

     mark. The

    mark has come to be associated with craigslist and identifies craigslist as the source of

    advertising, information, bulletin board, database, and other services offered in connection with

    the mark.

    5.  The CRAIGSLIST ®

     mark appears repeatedly in every single craigslist post, and

    throughout nearly every page on its websites, worldwide.

    6.  craigslist has also developed substantial goodwill in the CRAIGSLIST ®

     mark.

    7.  There can be little doubt that the CRAIGSLIST ®

     mark is famous in the United

    States. Not only is the craigslist website visited by more than 60 million Americans each month,

     but the CRAIGSLIST® mark is regularly referenced across the American pop culture spectrum,

    in television shows, movies, books, magazines and press articles. Indeed, the CRAIGSLIST ®  

    mark, and its associated services, are ubiquitous in, and integral parts of, American society and

    culture.

    8.  The CRAIGSLIST ®

     mark is among craigslist’s most important and valuable

    Case 3:16-cv-01451 Document 1 Filed 03/23/16 Page 4 of 14