Anda di halaman 1dari 4

Case: 1:11-cv-03052 Document #: 20 Filed: 06/15/11 Page 1 of 4 PageID #:161

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION FACEBOOK, INC., Plaintiff, Case No. 11-cv-03052 v. TEACHBOOK.COM LLC. Defendant. Honorable Marvin E. Aspen Magistrate Young B. Kim

Case: 1:11-cv-03052 Document #: 20 Filed: 06/15/11 Page 2 of 4 PageID #:162

MOTION TO DISMISS Defendant Teachbook.com LLC hereby moves this honorable court to dismiss the unfounded Complaint filed by Plaintiff Facebook, Inc. in this matter. The grounds for this Motion, as more fully set forth in the Memorandum of Law, Declaration of Michael Rodenbaugh, Exhibits, Reply Brief and at oral argument, are summarized as follows: 1. Since the marks bear no distinctive resemblance in sight, sound or commercial impression,
there is no likelihood of confusion.

2. This Court cannot accept as true Facebooks conclusory allegation that these two marks are
substantially similar since the allegation is belied by a mere glance at the marks themselves. Facebooks bare allegation that Teachbooks use of the word BOOK usurps a distinctive part of the FACEBOOK Marks is contradicted, not only by the stark dissimilarity of the whole marks, but by voluminous and indisputable records of the USPTO.

3. Facebooks Complaint is directly contradicted by the admissions it made just two months after
originally filing suit against Teachbook in California.

4. Facebook has never claimed distinctive rights to the word BOOK by filing a U.S. trademark
application or using such mark in commerce.

5. The word BOOK has never been registered as a trademark on the Principal Register of the
USPTO, and thus has never been registered as distinctive of any good or service of any company, ever. (Id., Ex. XX.)

6. Dictionary definitions and Facebooks own website indicate that book is generic for
Facebooks core directory services.

7. Teachbooks and Facebooks services are not similar, and are offered to different audiences. Teachbooks audience is sophisticated and unlikely to be confused. 8. Facebook has not made any allegation of actual confusion.

Case: 1:11-cv-03052 Document #: 20 Filed: 06/15/11 Page 3 of 4 PageID #:163

9. Facebook has not made any factual allegation of Teachbooks intent to trade off of Facebooks reputation. 10. Facebooks complete failure to allege any facts or specific characteristics of the competing
marks which could possibly lead to confusion amongst consumers necessitates dismissal of the Complaint.

11. Because the marks are so dissimilar, Facebook cannot possibly prove any trademark claim against Teachbook.

TEACHBOOK.COM LLC. By: /s/

Michael L. Rodenbaugh

One of Their Attorneys Michael L. Rodenbaugh pro hac vice - California Bar No. 179059 RODENBAUGH LAW 548 Market Street, Box #55819 San Francisco, CA 94104 415-738-8087
Anthony L. Abboud (ARDC # 6224356) ABBOUD LEGAL, LLC 1363 Shermer Road, Suite 219 Northbrook, Il 60062 (tel) (847) 239-7165 (fax) (847) 239-7202

CERTIFICATE OF SERVICE I, Michael L. Rodenbaugh, an attorney, hereby certify that I served true and correct copies of t h e NOTICE OF MOTION, in connection with Defendants Motion for Dismissal upon opposing counsel by electronically filing same with the Pacer/ECF system on this 15th day of June 2011.

Case: 1:11-cv-03052 Document #: 20 Filed: 06/15/11 Page 4 of 4 PageID #:164

/s/ Michael L. Rodenbaugh Michael L. Rodenbaugh