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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF INDIANAINDIANAPOLIS DIVISIONANGIE’S LIST, INC., ))Plaintiff, )) Cause No.: 1:12-cv-755-SEB-TABv. ))SERVICEMAGIC, INC., ))Defendant. )
DEFENDANT SERVICEMAGIC, INC.’S ANSWER, AFFIRMATIVEDEFENSES AND COUNTERCLAIMS
Defendant ServiceMagic, Inc. (“ServiceMagic”), through counsel, answers Plaintiff Angie’s List, Inc.’s (“Angie’s List”) Complaint as follows:ServiceMagic restates the titles utilized in Angie’s List Complaint for ease of reference,but does not admit any assertion expressed or implied by such titles. ServiceMagic denies eachand every allegation stated in the Complaint that is not expressly admitted herein.
THE PARTIES
1.
ServiceMagic is without sufficient information and knowledge to admit or denythe allegations of paragraph 1 of the Complaint and, therefore, denies such allegations.2.
ServiceMagic admits the allegations of paragraph 2 of the Complaint.
JURISDICTION AND VENUE
3.
ServiceMagic admits that Angie’s List purports to assert subject matter jurisdiction on various grounds, but otherwise denies the allegations contained in paragraph 3 of the Complaint.
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24.
ServiceMagic admits that Angie’s List purports to assert personal jurisdictionover Defendant on various grounds, but otherwise denies the allegations contained in paragraph4 of the Complaint.5.
ServiceMagic denies the allegations of paragraph 5 of the Complaint.6.
ServiceMagic is without sufficient information and knowledge to admit or denythe allegations of paragraph 6 of the Complaint and, therefore, denies such allegations.7.
ServiceMagic is without sufficient information and knowledge to admit or denythe allegations of paragraph 7 of the Complaint and, therefore, denies such allegations.8.
ServiceMagic is without sufficient information and knowledge to admit or denythe allegations of paragraph 8 of the Complaint and, therefore, denies such allegations.9.
ServiceMagic is without sufficient information and knowledge to admit or denythe allegations of paragraph 9 of the Complaint and, therefore, denies such allegations.10.
ServiceMagic is without sufficient information and knowledge to admit or denythe allegations of paragraph 10 of the Complaint and, therefore, denies such allegations.
ANGIE’S LIST’S TRADEMARKS
11.
ServiceMagic is without sufficient information and knowledge to admit or denythe allegations of paragraph 11 of the Complaint and, therefore, denies such allegations.12.
ServiceMagic is without sufficient information and knowledge to admit or denythe allegations of paragraph 12 of the Complaint and, therefore, denies such allegations.13.
ServiceMagic is without sufficient information and knowledge to admit or denythe allegations of paragraph 13 of the Complaint and, therefore, denies such allegations.14.
ServiceMagic is without sufficient information and knowledge to admit or denythe allegations of paragraph 14 of the Complaint and, therefore, denies such allegations.
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315.
ServiceMagic admits that Exhibit A appears to be a copy of certain United Statestrademark registrations, lacks sufficient information and knowledge to admit or deny Angie’sList’s allegations regarding usage of the mark and therefore denies such allegations, and deniesthe remaining allegations contained in paragraph 15 of the Complaint.16.
ServiceMagic is without sufficient information and knowledge to admit or denythe allegations of paragraph 16 of the Complaint and, therefore, denies such allegations.17.
ServiceMagic is without sufficient information and knowledge to admit or denythe allegations of paragraph 17 of the Complaint and, therefore, denies such allegations.18.
ServiceMagic is without sufficient information and knowledge to admit or denythe allegations of paragraph 18 of the Complaint and, therefore, denies such allegations.19.
ServiceMagic is without sufficient information and knowledge to admit or denythe allegations of paragraph 19 of the Complaint and, therefore, denies such allegations.20.
ServiceMagic denies the allegations of paragraph 20 of the Complaint.
THE PRESENT DISPUTE
21.
ServiceMagic is without sufficient information and knowledge to admit or denythe allegations of paragraph 21 of the Complaint and, therefore, denies such allegations.22.
ServiceMagic admits that it is a competitor of Angie’s List and operates awebsite to help homeowners find reliable contractors/service providers, but denies the remainingallegations of paragraph 22 of the Complaint.23.
ServiceMagic admits that it has purchased sponsored links from Google, butServiceMagic denies the remaining allegations of paragraph 23 of the Complaint.24.
ServiceMagic admits that it has purchased sponsored links from Google, butdenies the remaining allegations of paragraph 24 of the Complaint.
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