Plaintiff’s remote file storage services allow its customers to utilize high transfer speeds to upload computer data files to Plaintiff’s remote servers for sharing and access bymultiple users.9.
Plaintiff’s services have been utilized by a multitude of significant corporatecustomers and have been featured in numerous publications such as CBS MarketWatch, theDallas Morning News, PC Magazine, Forbes.com, and Yahoo! Finance.10.
As a result, Plaintiff has a long and distinguished reputation for quality services.11.
Plaintiff began using the DROPBOX and FILE DROPBOX marks at least as earlyas 2004, and the DROPBOX LINKS mark and Plaintiff’s Design at least as early as 2006, andhas continuously used these marks thereafter.12.
Plaintiff devotes substantial effort, time, and resources to ensuring the highquality of their services, including those associated with Plaintiff’s Marks and Plaintiff’s Design.13.
The use of Plaintiff’s Marks and Plaintiff’s Design distinguishes Plaintiff’sservices from the services of other sellers, and consumers have come to recognize Plaintiff’sMarks and Plaintiff’s Design and the related services as originating with Plaintiff.Defendant’s Unlawful Activities14.
According to its website, Defendant provides a service “that lets you bring your photos, docs, and videos anywhere and share them easily.”
http://www.dropbox.com/about.Defendant was allegedly founded in 2007.
On or about September 1, 2009, Defendant filed Application No. 77/817,716 withthe USPTO seeking registration of the Infringing Mark for various categories including remotefile storage services. The claimed categories are essentially identical to the services provided byPlaintiff in connection with Plaintiff’s Marks.
Case 3:11-cv-01448-L Document 1 Filed 06/30/11 Page 3 of 10 PageID 3