Gearsource Holdings, LLC v. Google LLC

BACKGROUND

23 On September 29, 2016, Google rebranded its suite of productivity and collaboration 24 software under the new brand “G SUITE.” See Dkt. No. 153-1, Declaration of Jane van Benten 25 (“JvB Decl.”) Ex. 22 at No. 6. Composed of individual applications known as Gmail, Docs, 26 Drive, Calendar, and Hangouts, G SUITE combines email, calendaring, document creation, file 27 sharing, videoconferencing, and chat tools, for which businesses pay a monthly subscription. Id. Ex. 28 (Dep. of Jeremiah Dillon) at 46:3-9, 47:21-23, 58:16-59:14, 62:15-19, 109:17-110:1. It is undisputed that Google has used the G SUITE mark in commerce to identify this suite of software since September 29, 2016. See Dkt. No. 126-26. Previously, on June 9, 2016, Google applied to register the G SUITE mark in Tonga, a foreign jurisdiction. JvB Decl. Ex. 34. On November 28, 2016, Google filed a corresponding trademark application for G SUITE in the United States (Serial No. 87/249,405) (the “‘405 Application”). See id. Ex. 36. The U.S. Patent and Trademark Office (“PTO”) subsequently entered Google’s claim of foreign priority under Section 44(d) of the Lanham…