555-1212.Com, Inc. v. Communication House International, Inc.
Opinion
Opinion
Jensen, J.
ORDER
On March 23, 2001, the Court heard argument on plaintiffs motion for summary judgment and defendant’s cross-motion for summary judgment. John P. Sutton appeared on behalf of plaintiff; Pauline E. Calande appeared for defendant. Having considered the arguments of counsel, the papers submitted, the applicable law, and the record in this case, the Court hereby GRANTS summary judgment for defendant.
I. BACKGROUND
A. Factual Background and Procedural History
Plaintiff 555-1212.com, Inc. (“555-1212.-com”) owns the domain name 555-1212.-com. On August 25, 1998, plaintiff received a federal trademark registration on “555-1212.com” from the United States Patent and Trademark Office (“PTO”) for use in “providing databases featuring telephone and directory information accessible via electronic communication networks.”
Defendant Communication House, Int’l (“Communication House”) owns the domain name 555-1212.com. After extensive settlement negotiations, the parties are unable to reach a settlement. Plaintiff now moves this Court for summary judgment in its favor on both the issues of validity of the mark and likelihood of confusion. Defendant opposes summary judgment for plaintiff…