MOTION TO DISMISS
Defendant Teachbook.com LLC hereby moves this honorable court to dismiss theunfounded Complaint filed by Plaintiff Facebook, Inc. in this matter. The grounds for thisMotion, as more fully set forth in the Memorandum of Law, Declaration of MichaelRodenbaugh, Exhibits, Reply Brief and at oral argument, are summarized as follows:1.
e marks bear no distinctive resemblance in sight, sound or commercial impression,there is no likelihood of confusion.
This Court cannot accept as true Facebook‟s conclusory allegation that these two
“substantially similar” since the allegation is belied by a mere glance at the marks themselves.Facebook‟s bare allegation that Teachbook‟s use of the word “BOOK” usurps a “distinctive part of the FACEBOOK Marks” is contradicted, not only by th
e stark dissimilarity of thewhole marks, but by voluminous and indisputable records of the USPTO.
Facebook‟s Complaint is directly contradicted by the
admissions it made just two months afteroriginally filing suit against Teachbook in California.
Facebook has never claimed distinctive rights to the word BOOK by filing a U.S. trademark application or using such mark in commerce.
The word BOOK has never been registered as a trademark on the Principal Register of theUSPTO, and thus has never been registered as distinctive of
good or service of
company, ever. (Id., Ex. XX.)
Dictionary definitions and Facebook‟s own website indicate that „book‟ is generic for Facebook‟s core directory services.
Teachbook‟s and Facebook‟s services are not
similar, and are offered to different
audiences. Teachbook‟s audience is sophisticated an
d unlikely to be confused.8.
Facebook has not made any allegation of actual confusion.
Case: 1:11-cv-03052 Document #: 20 Filed: 06/15/11 Page 2 of 4 PageID #:162