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Specialized Bicycle Components, Inc., A California Corporation v. Initial Cmc: April 29

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


April 21, 2011

SPECIALIZED BICYCLE COMPONENTS, INC., A CALIFORNIA CORPORATION,
PLAINTIFF,
v.
INITIAL CMC: APRIL 29, 2011, 1:30 P.M. D. CAMPBELL, D/B/A US-CYCLIST AND D/B/A 17 HILLCRUSHER.COM, AN INDIVIDUAL, AND DOES 1-5, DEFENDANTS.

PLAINTIFF'S CASE MANAGEMENT CONFERENCE STATEMENT

Plaintiff's Case Management Statement Specialized Bicycle Components, Inc. v. D. Campbell, d/b/a us-cyclist and d/b/a hillcrusher.com, an individual, and Does 1-5 CV 11-0263 (JCS) dilution arising under the Lanham Act, 15 U.S.C. § 1051, et seq., as well as related state law claims 4 arising from Defendants' willful sale of counterfeit goods bearing the trademarks owned and used by Complaint, the Defendants knowingly sold, offered for sale, or otherwise contributed to the sale of 7 counterfeit versions of Plaintiff's cycling accessories and apparel, and are therefore liable for direct 8 and/or contributory infringement of Plaintiff's lawfully owned trademarks. Defendants' conduct has 9 produced and, unless enjoined by this Court, will continue to produce a likelihood of consumer 10 confusion and deception, to the irreparable injury of Plaintiff.

12 are aliases. Plaintiff is therefore currently in the process of attempting to identify and locate the 13

Defendants to complete service of process. With this Court's permission, Plaintiff conducted early 14 discovery in an effort to ascertain the true identity of the Defendants in this case and served a 15 subpoena on eBay, Inc. ("eBay"). eBay has responded with some information, and Plaintiff is in the 16 process of meeting and conferring with eBay to obtain the additional information necessary to 17 properly identify and serve the Defendants. Plaintiff is hopeful the information will be produced 18 without the need for motion practice. Under these circumstances, Plaintiff intends to seek an 19 extension of time to complete service of process if it is not able to do so within the time limit 20 imposed by the Federal Rules of Civil Procedure. 21

CMC statement. Plaintiff respectfully requests that the CMC be re-set for a date approximately 90 24 days from now, by which time Plaintiff believes it will have concluded its efforts to identify the

Defendants in order to complete service of process. 26 27 28

Plaintiff's Case Management Statement Specialized Bicycle Components, Inc. v. D. Campbell, d/b/a us-cyclist and d/b/a hillcrusher.com, an individual, and

Does 1-5

CV 11-0263 (JCS)

Plaintiff's Brief Case Management Statement

This is an action for trademark counterfeiting, trademark infringement, and trademark

Plaintiff Specialized Bicycle Components, Inc. ("Specialized"). As described more fully in the 6

The information available to Plaintiff suggests that the names used to sell counterfeit goods

Based on the procedural status of this matter, Plaintiff believes it is premature to hold a full

Case Management Conference at this time, or to address the various issues set forth in a standard 23

#58217 v1 saf

HOLME ROBERTS & OWEN LLP

By: /s Adam Brezine Adam Brezine Attorneys for Plaintiff Specialized Bicycle Components, Inc.

IT IS HEREBY ORDERED that the case management conference shall be continued to July 29,2011, at 1:30 p.m. Updated case management statement due by July 22, 2011. 10 11

IT IS SO ORDERED. ES DIST

T RI A CT

12

Dated: April 25,2011 S C

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N U A

15

I N

N Spero R

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O O

Judge Joseph C.

Plaintiff's Case Management Statement Specialized Bicycle Components, Inc. v. D. Campbell, d/b/a us-cyclist and d/b/a hillcrusher.com, an individual, and

Does 1-5 CV 11-0263 (JCS)

20110421

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