Hanginout, Inc. v. Google, Inc.

Good Law
54 F. Supp. 3d 1109·2014 WL 5113601·111 U.S.P.Q. 2d (BNA) 1931·2014 U.S. Dist. LEXIS 138893
United States District Court, Southern District of CaliforniaMay 13, 2014Case No. 13cv2811 AJB (NLS)California12,216 words

Opinion

Lead Opinion

Battaglia, J.

ORDER:

(1) DENYING HANGINOUT’S MOTION FOR PRELIMINARY INJUNCTION, (Doc. No. 12); and

(2) DENYING GOOGLE’S MOTION TO DISMISS THE FIRST AMENDED COMPLAINT, (Doc. No. 23).

On November 26, 2013, Hanginout, Inc. (“Hanginout”) filed this action against Google, Inc. (“Google”) alleging trademark infringement, federal unfair competition, and California statutory and common law unfair competition. 1 (Doc. No. 1.) In the First Amended Complaint, Hanginout alleges that it has used the HANGINOUT mark in commerce to market its interactive video-response platform since at least March 2010, and that Google’s use of the HANGOUTS mark to market its video-response platform, which is substantially similar if not identical to Hanginout’s product, infringes on Hanginout’s common law trademark rights. (Doc. No. 14.)

Currently before the Court are Hangin-out’s motion for preliminary injunction filed on January 22, 2014, (Doc. No. 12), and Google’s motion to dismiss the First Amended Complaint filed on February 28, 2014, (Doc. No. 23). Hanginout’s motion for preliminary injunction seeks to enjoin Google from using the HANGOUTS mark on the Internet in connection with its social media platform, either…

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