Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Specialized Bicycle Components, Hrl Inc v. David Barton

January 5, 2010

SPECIALIZED BICYCLE COMPONENTS, HRL INC., PLAINTIFF,
v.
DAVID BARTON, D/B/A/ BUZZBOYSALES,
DEFENDANT.



The opinion of the court was delivered by: Howard R. Lloyd United States Magistrate Judge

** E-filed January 5, 2010 **

NOT FOR CITATION

United States District Court For the Northern District of California

ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO CONDUCT IMMEDIATE DISCOVERY

[Re: Docket No. 7]

BACKGROUND

Plaintiff Specialized Bicycle Components, Inc. ("Specialized"), a maker of bicycles, cycling accessories, and apparel, owns and uses the trademark "Specialized" and a "Specialized S Logo." Docket No. 1 ("Complaint"), ¶ 11. Specialized filed suit against defendant "David Barton" ("Defendant"), the contact name for eBay, Inc. ("eBay") seller "buzzboysales," for trademark 22 counterfeiting, infringement, and dilution under the Lanham Act, 15 U.S.C. §§ 1051 et seq., and 23 other violations of state law. Id. at ¶ 1. Specialized claims that Defendant knowingly sold, offered 24 for sale, or otherwise contributed to the sale of counterfeit versions of cycling accessories and 25 apparel bearing Specialized's trademarks and that Defendant's alleged conduct resulted in consumer 26 confusion. Id.

Specialized discovered Defendant's sale of the allegedly counterfeit items on eBay in November 2010. Id at ¶ 25. Thereafter, it worked with law enforcement officials in Provo, Utah -where "buzzboysales" maintains a post office box - to determine the location and identity of 2 "David Barton." Docket No. 8 ("Love Decl."), ¶ 5. It turns out that the name "David Barton" 3 belongs only to one individual in the area, and the local law enforcement determined that he is not 4 the "David Barton" associated with "buzzboysales." Id. Thus, with the information currently 5 available to it and after investigation, Specialized has been unable to determine the identity and 6 location of Defendant. information it needs to properly carry out the instant action. Docket No. 7 ("Motion"). Specifically, Defendant's true name, address, telephone number, date of birth, and email address, as well as information about all sales of any good bearing the Specialized marks, including bank account information associated with the "buzzboysales" seller profile. Id.

The practice of suing Doe defendants is generally disfavored in the Ninth Circuit. However, in cases where the identity of the alleged defendant will not be known prior to the filing of a lawsuit, "'the plaintiff should be given an opportunity through discovery to identify the unknown 17 defendants, unless it is clear that discovery would not uncover the identities, or that the complaint 18 would be dismissed on other grounds.'" Wakefield v. Thompson, 177 F.3d 1160, 1163 (9th Cir. When an anonymous Internet user is a target defendant, limited discovery to identify the defendant may be permitted where a plaintiff: determine that defendant is a real person or entity who could be sued in federal court;

(3) establishes to the court's satisfaction that the lawsuit against defendant could withstand a motion to dismiss; and number of persons or entities upon whom discovery might be served and for which there is a Specialized now moves the Court for leave to conduct immediate discovery to determine the Specialized seeks leave to serve a subpoena on eBay that requests information concerning

United States District Court For the Northern District of California

LEGAL STANDARD

1999) (quoting Gillespie v. Civiletti, 629 F.2d 637, 642 (9th Cir. 1980)).

(1) identifies the missing party with sufficient specificity such ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.