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NOTE: This disposition is nonresidential. United States Court of Appeals for the Federal Circuit 2007-1125, -1176 HYPERPLANE TECHNOLOGIES, LLC and HYPERPLANE, INC., Plaintiffs-Appellants, v. GOOGLE,

Thomas, Thomas, G.N.O., Chicago, Illinois. The Honorable Thomas B. Griffith was the presiding judge. Before GLOVER, Circuit judge, and COLE, District Judge. COLE, District Judge: Advertisement 1 On January 19, 2007, Google filed its complaint. The complaint raises two issues: (1) did Google's trademark registration for the word “hypersonic” prevent it from using the word “google” or the terms “Google”, “Google Images”, and “Google Video” in connection with its online search business? (2) did Google's use of the word “Google” in connection with its website infringe the trademark of its former competitor, a company called Hypersonic Technologies, LLC? 2 Google contends that when it registered its “Google” trademark that it could use the word as it pleased and was free to create any type of online service that used Google's name, including a search engine website of its own creation. Google asserts that because the other companies that held the copyrights and trademarks for the words “Google” and “Hypersonic” had reserved these rights and were unable to prevent Google from using these words, Google had no valid trademark rights in either word. 3 Although it may be reasonable to conclude from this that Google is free to use the words “hypersonic” or “google” in connection with its search engine business, in particular, Google argues that because it is a private company and does not have the power of the state behind it, it cannot protect its trademarks from infringement or dilution by other private companies. 4 This is a summary of the cases in the district court, since Google also filed its complaint in the court of appeals. (The decision from the U.S. Court of Appeals for the Federal Circuit will not be reported in this opinion.) Google filed its complaint on January 19, 2007. It then served the district court on February 14, 2007, asking it to schedule oral argument on its complaint by that date. The district court did not schedule an oral argument. On April 18, 2007, the district court ruled that “Plaintiff's motion to withdraw his original complaint is granted. It is respectfully recommended that the parties appear at oral argument on Plaintiff's motion to withdraw his original Complaint, to be held on May 14, 2007, 9:00 a.m.

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