LiveRamp, Inc. v. Kochava, Inc.

I. BACKGROUND

23 According to its court filings, “LiveRamp is a global technology company with a vision to 24 power a world where connected data makes every experience exceptional. LiveRamp offers for 25 sale in commerce an identity resolution service leveraged by brands and their partners to deliver 26 innovative marketing and exceptional experiences across marketing channels.” Compl. (dkt. 1) 27 ¶ 3. Kochava is a “digital advertising analytics company” that sells services related to video 1 gaming and fraud prevention. Id. ¶ 4. 2 This dispute revolves around the mark IDENTITYLINK. According to Kochava, it has 3 used the IDENTITYLINK mark to describe “online software services for identifying consumers 4 across marketing channels and improving the effectiveness of marketing efforts” since at least 5 August 17, 2012. Counterclaims (dkt. 74) ¶ 7. Kochava alleges that it has used the 6 IDENTITYLINK mark continuously since that time, investing substantial resources in the mark 7 and the services it describes. Id. ¶¶ 8–9. And it alleges that the mark and its associated services 8 have been featured in mobile marketing industry publications. Id. ¶ 10. 9…