SSJR Successfully Defends Subpoena to Google Seeking Online Advertising Activity of Defendants in Trademark Action

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The U.S. District Court for the Southern District of New York dismissed a motion to quash a document subpoena issued by SSJR to non-party Google, Inc. The subpoena was related to a cybersquatting and trademark litigation brought by SSJR in federal district court in Illinois, under the Lanham Act. In the litigation, the defendant asserted counterclaims based on alleged trademark rights. The plaintiff, represented by SSJR members Fritz L. Schweitzer III and Andy I. Corea, asserted that the alleged marks of the defendant were generic and that defendant had not used the alleged marks in commerce. On behalf of the plaintiff, SSJR issued a subpoena to non-party Google, Inc. seeking information on all online keyword advertising activity of the defendant, and seeking advertising activity of any other parties using keywords similar to the alleged marks of the defendant. The defendant moved to quash the supoena issued to Google as being overbroad. The Court dimissed the motion to quash based on plaintiff’s position as asserted by SSJR (and defendant’s concession) that defendant intended to rely on its online keyword advertising activity with Google as evidence of commercial use of its alleged marks.