Complaint State Bar of Wisconsin v. LexisNexis

8/4/2019 Complaint State Bar of Wisconsin v. LexisNexis

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Case: 3 :11-cv-00586 Document 1 Filed: 08/19/11 Page 1 of 11

U N I T E D STATED D I S T R I C T C O U RTW E S T E R N D I S T R I C T OF W I S C O N S I N

STATE B A R OF WISCONSIN,

Plaintiff,

v . Civil Action No. 11-CV-586

Jury Trial DemandedLEXISNEXIS

(a division o f Reed Elsevier, Inc.),

Defendant.

C O M P L A I N T FO R T R A D E M A R K I N F R I N G E M E N T

G O D F R E Y & KAHN, S.C.

James D. PetersonJennifer L. GregorOne East Main Street, Suite 500Post Office Box 2719

Madison,W I 53701-2719

Phone: 608-257-3911

Fax: 608-257-0609Email: [email protected]

[email protected]


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The plaintiff,State Bar o f Wisconsin, by and through its attorneys, Godfrey & Kahn,

S.C., brings the followingComplaint against the defendant, LexisNexis:

I N T R O D U C T I O N

This is a n action for infringement o f the State Bar's Pillar Icon trademark, shown

below:

V.The State Bar adopted the Pillar Icon after a careful screening for conflictingmarks, and it

applied for and received federal registrationo f

the Pillar Icon. The State Ba ru s e s

the Pillar Icon

in connection with all its services, which a re provided to lawyers and members o f the public for

the purnose o f improving the justice system and legal profession, and to facilitate the delivery o f

legal services and information to the public. A copy o f the certificate o f registration fo r the Pillar

Icon is attached as Exhibit A.

2. LexisNexis has recently adopted a mark strikinglysimilar to the Pillar Icon,

shown below:

eLexisNexis u s e s this mark in connection with its Lawyers.com website, which provides lawyer

finding tools and legal r e s o u r c e s to the public. LexisNexis has n o t sought or received

registrationo f its

infringingpillarmark.

Uponinformation and

belief,LexisNexis conducted n o

trademark screening before adopting its infringingpillar mark.

Consumer confusion is inevitable. If LexisNexis' infringement continues,

members o f the public and the legal profession wil l be confused into thinkinginconectlythat

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there is s o m e affiliation or relationship between the Lawyers.com services and the services

offered by the State Bar. To protect its own investment in the Pillar Icon, and to protect the

public and the legal profession from this inevitable confusion, the State Ba r seeks declaratory

and injunctive relief preventing LexisNexis from the continued us e o f its infringingpillar mark.

T H E PARTIES

4. The plaintiff State Bar o f Wisconsin is a Wisconsin professional association,

constituted by and operating under the auspices o f the Wisconsin Supreme C ourt. The State

Bars offices a re located at 5302 Eastpark Blvd., Madison, Wisconsin 53718.

5. The defendant LexisNexis provides legal and public records information

databases, serving customers in m o r e than 100 countries with m o r e than 15, 000 employees

worldwide. The principal offices o f LexisNexis a re located at 9443 Springboro Pike,

Miamisburg, Ohio 45342.

6. Upon information and belief, LexisNexis is a division o f Reed Elsevier, Inc.,

which is a Delaware corporation, registered to do business in Wisconsin. The principaloffices

o f Reed Elsevier, Inc. a re located at 2 Newton Place, Suite 350, Newton, Massachusetts 02458.

J U R I S D I C T I O N A N D V E N U E

7. This mat t e r arises under the laws o f the United States, specifically 15 U.S.C.

1114 and 1125. This Court therefore has originaljurisdiction o v e r this action pursuant to 28

U.S.C. 1331 and 1338. The Court has the authority to grant declaratory relief pursuant to 28

U. S. C. 2201 and 2202.

8. This Court has supplemental jurisdictiono v e r the State Bars state law claim

pursuant to 28 U.S.C. 1367 because that claim is s o related to the federal claims that they form

part o f the s am e c as e or controversy.

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9. The Court has personal jurisdictiono v e r LexisNexis pursuant to Wis. Stat.

801.05(1) because LexisNexis is engaged in substantial and n o t isolated activities in this state

and judicialdistrict, includingmaintaining offices and employees here. Personal jurisdiction

o v e r LexisNexis is also proper under Wis. Stat. 801.05(4) because the State Ba r ha s suffered

injurywithin this state and judicialdistrict while LexisNexis has carried o n solicitation and

service activities here. This Courts exercise o f personal jurisdictiono v e r LexisNexis comports

with the Due Process Clause o f the United States Constitution.

10. Venue is proper in this judicialdistrict pursuant to 28 U.S.C. 1391(b) because

the defendant LexisNexis is deemedto

reside in this judicialdistrict, and becausea

substantial

part o f the events giving rise to the State Bars claims occurred in this judicialdistrict.

FA C T U A L B A C K G R O U N D

The State B a r and It s Trademarks

11. The State Bar began as a voluntaryassociation o f Wisconsin lawyers in 1878. It

currently operates under the auspices o f the Wisconsin Supreme C ourt. The State Bars 24, 000

members include all attorneys licensed to practice law in Wisconsin. The State Bars

membership includes 7, 600 non-resident attorneys located throughout the United States and

beyond.

12. The mission o f the State Bar, as established in Wisconsin Supreme Court Rule

10.02(2), includes aiding the courts in the administration o f justice, fostering high ideals and

skills within theprofession, representing

theprofessional

interests o flawyers,

andserving

citizens by facilitatingthe delivery o f legal services and providing education and informed

discussion o f the law.

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13. The activities o f the State Ba r a re supported, in part, by dues paid by its members.

The majority o f the State Bars budget, however, is provided by sales o f a broad range o f

products and services, including its highly regarded books, seminars and publications.

14. The State Bar also provides a range o f services to the public. Among the mos t

significant o f these services is the LegalExplorer website, available at www.legalexplorer.com.

The State Bars LegalExplorer website provides lawyer-findingtools, information o n legal topics

and other legal r e s o u r c e s for the public. A copy o f the home page o f LegalExplorer is attached

as Exhibit B.

15. The State Bar maintainsa

portfolioo f

trademarks thatit u s e s to

promote and

distinguish its goods and services. The State Bars currently used and federally registered or

registration-pending marks include:

STATE B A R OF WISCONSINU. S. Registration No. 4005002

PINNACLEU.S. Registration No. 4013233

P I L L A R ICONU.S. Registration No. 3945835

REACH NEW HEIGHTS IN YOUR PRACTICEU.S. Registration No. 3952559

YOUR PRACTICE. OUR PURPOSE.U.S. Registration No. 4013234

LEADERS IN TH E LAW. ADVOCATES FOR JUSTICE.U. S. Registration approved; issue o f certificate pending

WISBARU.S. Registration No. 3741623

WISCONSIN LAWYERS EXPERT ADVISERS. SERVING YOU.U. S. Registration No. 2764231

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16. The Pillar Icon, at issue in this case, w a s selected and adopted by the State Ba r as

part o f a the creation o f a n e w brand image intended to facilitate the nationwide sales and

distribution o f the State Bars goods and services. Before adopting the Pillar Icon, the State Bar

conducted a search for potentiallyconflictingmarks.

17. The State Bar applied for federal trademark registration o f the Pillar Icon o n

February 18, 2010 o n a n intent to u s e basis pursuant to 15 U. S.C. 1051(b). That application

w a s duly examined and approved by the United States Trademark Office.

18. The State Bar began us e o f the Pillar Icon at least as early as June 1, 2010.

19. The State Bar submittedto

the United States Trademark Office specimens

demonstrating its us e o f the Pillar Icon o n February 7, 2011. The United States Trademark

Office issued the registration o n April 12, 2011.

20. The State Bars federal registration o f the Pillar Icon is prima facie evidence o f

the validityo f the mark and the State Bars ownership o f it, pursuant to 15 U.S.C. 1115(a).

The registration is also prima facie evidence that the State Ba r has the nationwide exclusive right

to u s e the Pillar Icon in connection with the goods and services specified in the registration,

effective as o f the date o f its application, February 18, 2010.

21. The State Bar also has trademark rights under Wisconsin law, dating from the

State Bars first u s e o f the Pillar Icon, which w a s at least as early as June 1, 2010.

LexisNexis and its Infringing Pillar M a r k

22. The defendant LexisNexisprovides

databases o f

publications, legaldocuments

and public records. It is well known in the legal profession for the Lexis on-line legal research

service, used by attorneys throughout the United States and the world.

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23. LexisNexis also o w n s and operates Lawyers.com, a website that provides

information about lawyers and the law to the public. A copy o f the home page o f Lawyers.com is

attached as Exhibit C.

24. Lawyers.com provides lawyer-findingtools which allow u s e r s to find lawyers by

geographic region or by a r e a o f law. Upon information and belief, the lawyer-findingtools a re

o f Lawyers.com a re based o n the data in the Martindale-Hubbell directory, which like

LexisNexis, is also part o f Reed Elsevier.

25. Lawyers.com also provides legal research resources, legal information by topic,

and doit

yourselflegal forms.

26. LexisNexis has only recently began u s e o f its infringingpillar mark o n

Lawyers.com. LexisNexis first u s e o f the infringingpillar mark occurred well after the State

Bar applied fo r registration o f the Pillar Icon, well after the State Bar began using the Pillar Icon,

and upon information and belief, well after the U.S. Trademark Office issued the registration for

the Pillar Icon.

27. Upon information and belief, LexisNexis conducted n o search for potentially

conflictingmarks before it adopted its infringingpillar mark.

Confusion Caused by LexisNexis Infringement

28. The services provide by LexisNexis through Lawyers.com a re highly related to

the services provide by the State Bar. Both LexisNexis and the State Bar direct many o f their

services toattorneys. Indeed,

s o m e o f the services a re identical to andcompetitive

with those

offered by the State Bar.

29. The services provided at Lawyers.com substantially overlap the services provided

by the State Bar through LegalExplorer.

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30. The lawyer-findingtools provided through Lawyers.com a re highly related and

potentially in competition with the Lawyer Referral and Information Service provided by the

State Bar as a service to its members and the public.

31. The legal research r e s o u r c e s available through Lawyers.com a re similar to, and

competitive with, the legal research r e s o u r c e s provided by the State Bar.

32. The information o n legal topics available through Lawyers.com is highly related,

and may be competitive with, the legal publications o f the State Bar.

33. LexisNexis u s e o f its infringingpillar mark o n Lawyers.com wil l inevitably

c a u s e c o n s u m e r

confusionas to

the source, affiliationor

sponsorshipo f

the services provided

though Lawyers.com.

34. The Lawyers.com article o n trademarks (available at http://intellectual-

property.lawyers.com/trademarks/Trademarks.html) explains the damage caused by the

unauthorized u se o f confusingly similar trademarks:

Trademarks also protect the investment the maker o f a product has in the product.Part o f this is

goodwill.It's unfair for a rival or

competingbusiness to

playo ff o f

the popularity o f a particular product or service by using the s a m e or similarmark. This rival or competitor could obtain business based o n the quality or yearsyou've spent buildingyour brand n a m e . What's more, your fine product'sreputation could be damaged if c o n s u m e r s purchase a n inferior product believingit to be yours because o f a similar trademark. That's unfair, and trademark lawmakes it illegal.

35. The State Bar, its members, and the public have been damaged by LexisNexis

u s e o f its infringingpillarmark, and the State Ba r wil l be irreparably harmed unless LexisNexis

infringement is enjoined.

FIRST CAUSE OF A C T I O NTr a d e m a r k Infringement

15 U.S.C. 1114

36. Paragraphs 1 through 35 o f this Complaint a re incorporated here by reference.

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37. The Pillar Icon is a valid, federally registered trademark owned by the State Bar.

38. LexisNexis u s e s in c o m m e r c e a reproduction, counterfeit, copy, or colorable

imitation o f the Pillar Icon

39. LexisNexis u s e s the reproduction, counterfeit, copy, or colorable imitation o f the

Pillar Icon in connection with the goods and services that a re the s a m e or closely related to those

specified in the State Bars registration.

40. LexisNexis u s e o f its reproduction, counterfeit, copy, or colorable imitation o f

the Pillar Icon is likely to c a u s e confusion, to c a u s e mistake, or to deceive.

41. LexisNexisu s e o f

its reproduction, counterfeit, copy,or

colorable imitationo f

the

Pillar Icon is without the State Bars consent.

42. LexisNexis u s e o f its reproduction, counterfeit, copy, or colorable imitation o f the

Pillar Icon wil l c a u s e damage and irreparable harm to the State Bar.

43. LexisNexis has violated 15 U.S.C. 1114, entitling the State Bar to judgment s o

declaring and a n injunctionprohibitingLexisNexis from using its infringingpillar mark.

SECOND CAUSE OF A C T I O N

False Designation o f Origin15 U.S.C. 1125


45. LexisNexis u s e s in c o m m e r c e a symbol that is likely to c a u s e confusion, to c a u s e

mistake, or to deceive as to the origin, sponsorship or approval o f its services.

46. The State Bar is likely to be damaged by LexisNexis u se o f the symbol and the

confusion that results.

47. LexisNexis has violated 15 U.S.C. 1125, entitling the State Bar to judgment s o

declaring and a n injunctionprohibitingLexisNexis from using its infringingpillar mark.

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T H I R D CAUSE OF A C T I O N

Common L a w T ra d em a r k Infringement


49.The Pillar

Icon isdistinctive trademark that identifies goods

and servicesprovided

by the State Bar.

50. LexisNexis u s e s in connection with its own goods and services a pillar mark that

is striking similar to the State Bars Pillar Icon.

51. LexisNexis u s e o f its pillar mark is likely to c a u s e confusion, to c a u s e mistake, or

to deceive as to the origin, sponsorship or approval o f its services.

52. LexisNexis u s e o f its pillarmark wil l c a u s e damage and irreparable harm to the

State Bar.

53. LexisNexis has violated the State Bars rights under the common law o f

Wisconsin, entitling the State Bar to judgment so declaring and a n injunctionprohibiting

LexisNexis from using its infringingpillar mark.

WHEREFORE, Plaintiff State Bar o f Wisconsin requests the following:

1. A declaration that LexisNexis pillar mark infringes the rights o f the State Bar;

2. A n injunctionprohibiting LexisNexis from any further us e o f its infringingpillar

mark, or any other mark that is confusingly similar to the Pillar Icon;

3. Judgment against LexisNexis in favor o f the State Ba r for the costs o f this action;

4. Judgment against LexisNexis in favor o f the State Bar for the State Bars

reasonable actual attorney fees pursuant to 15 U.S.C. 1117(a); and,

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6716518_2


5. Any further relief to the State Ba r as this Court may deem appropriate.

The State Bar o f Wisconsin demands a jury o n all issues s o triable.

Dated: August 19, 2011.

Respectfully submitted,

By: s/James D. PetersonJames D. PetersonJennifer L. GregorGODFREY & KAHN, S.C.

One East Main Street, Suite 500Post Office Box 2719Madison, W I 53701-2719Phone: 608-257-3911

Fax: 608-257-0609Email: [email protected]

[email protected]

A ttorneysfor Plaintiff,State B ar of Wisconsin

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Case: 3 :11-cv-00586 Document 1-1 Filed: 08/19/11 Page 1 of 2

E X H I B I T A


13/21


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Patent anb Trabetnarh Office

Reg. No. 3, 945,835 STATE BA R OF WISCONSIN (WISCONSINNON-PROFIT ASSOCIATION)PO BO X 7158

Registered Apr. 12, 2011 MADISON, WI 53718In t . Cls.: 16, 35, an d 41 FOR: PUBLICATIONS AN D PRACTICE MATERIALS, NAMELY, WOKS, MAGAZINES,

NEWSLETTERS, PAMPHLETS, FILL-1N L E G A L FORMS, AN D COURSE MATERIALS INTHE F I E L D OF LAW, IN CLASS 16 (U.S. CLS. 2, 5, 22, 23, 29 , 37, 38 AN D 50).

T R A D E M A R K

FIRST USE 6-1-2010; IN COMMERCE 6-1-2010.SERVICE M A R K

FOR: ASSOCIATION SERVICES, NAMELY, PROMOTING THE INTEREST OF LAWYERSPRINCIPAL REGISTER ANT) IMPROVING TH E D E L I V E RY OF L E G A L SERVICES, IN CLASS 35 (IJ.S. CLS. 100,

101 AN D 102).

FIRST USE 6-1-2010; IN COMMERCE 6-1-2010.

FOR: EDUCATIONAL SERVICES AN D PROGRAMS FOR LAWYERS, NAIV1ELY,PROVIDINGCONTINUING L E G A L EDUCATION COURSES, IN CLASS 41 (U.S. CLS. 100, 101AND 107).

FIRST USE 6-1-2010; IN COMMERCE 6-1-2010.

W E M A R K CONSISTS OF A P ORTIO N OF A C O L U M N FORMED OF THREE V E RT I C A L

LINES W I T H A CAPITAL FORMED OF TWO HORIZONTAL LINES TOGETHER FORMINGA STYLIZED "W " REVERSED F R O M A CIRCULAR BACKGROUND, AL L SURROUNDEDB Y A N OUTER CIRCLE.

SN 77-939.045, FILED 2-18-2010.

K E V I N DINALID, E X A M I N I N G ATTORNEY

pod;.5-7.Director of die United Stales Potent .d Oodemork Office

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E X H I B I T B


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JS 44 (Rev. 12/07) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as providedy local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiatinghe civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THELAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

I. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Pla(For Diversity Cases Only) and One Box for Defendant)

1 U.S. Government u 3 Federal Question PTF DEF PTF DEPlaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4

of Business In This State

2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a u 3 u 3 Foreign Nat ion u 6Foreign Country

V. NATURE OF SUIT (Place an X in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

110 Insurance PERSONAL INJURY PERSONAL INJURY u 610 Agriculture u 422 Appeal 28 USC 158 u 400 State Reapportionment120 Marine u 310 Airplane u 362 Personal Injury - u 620 Other Food & Drug u 423 Withdrawal u 410 Antitrust130 Miller Act u 315 Airplane Product Med. Malpractice u 625 Drug Related Seizure 28 USC 157 u 430 Banks and Banking140 Negotiable Instrument Liability u 365 Personal Injury - of Property 21 USC 881 u 450 Commerce150 Recovery of Overpayment u 320 Assault, Libel & Product Liability u 630 Liquor Laws PROPERTY RIGHTS u 460 Deportation

& Enforcement of Judgment Slander u 368 Asbestos Personal u 640 R.R. & Truck u 820 Copyrights u 470 Racketeer Influenced a151 Medicare Act u 330 Federal Employers Injury Product u 650 Airline Regs. u 830 Patent Corrupt Organizations152 Recovery of Defaulted Liability Liability u 660 Occupational u 840 Trademark u 480 Consumer Credit

Student Loans u 340 Marine PERSONAL PROPERTY Safety/Health u 490 Cable/Sat TV(Excl. Veterans) u 345 Marine Product u 370 Other Fraud u 690 Other u 810 Selective Service

153 Recovery of Overpayment L iabil ity u 371 Truth in Lending LABOR SOCIAL SECURITY u 850 Securities/Commoditieof Veterans Benefits u 350 Motor Vehicle u 380 Other Personal u 710 Fair Labor Standards u 861 HIA (1395ff) Exchange

160 Stockholders Suits u 355 Motor Vehicle Property Damage Act u 862 Black Lung (923) u 875 Customer Challenge190 Other Contract Product Liability u 385 Property Damage u 720 Labor/Mgmt. Relations u 863 DIWC/DIWW (405(g)) 12 USC 3410195 Contract Product Liability u 360 Other Personal Product Liability u 730 Labor/Mgmt.Reporting u 864 SSID Title XVI u 890 Other Statutory Action196 Franchise Injury & Disclosure Act u 865 RSI (405(g)) u 891 Agricultural Acts

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 740 Railway Labor Act FEDERAL TAX SUITS u 892 Economic Stabilization210 Land Condemnation u 441 Voting u 510 Motions to Vacate u 790 Other Labor Litigation u 870 Taxes (U.S. Plaintiff u 893 Environmental Matter220 Foreclosure u 442 Employment Sentence u 791 Empl. Ret. Inc. or Defendant) u 894 Energy Allocation Act230 Rent Lease & Ejectment u 443 Housing/ Habeas Corpus: Security Act u 871 IRSThird Party u 895 Freedom of Informatio240 Torts to Land Accommodations u 530 General 26 USC 7609 Act245 Tort Product Liability u 444 Welfare u 535 Death Penalty IMMIGRATION u 900Appeal of Fee Determi290 All Other Real Property u 445 Amer. w/Disabilities - u 540 Mandamus & Other u 462 Naturalization Application Under Equal Access

Employment u 550 Civil Rights u 463 Habeas Corpus - to Justiceu 446 Amer. w/Disabilities - u 555 Prison Condition Alien Detainee u 950 Constitutionality of

Other u 465 Other Immigration State Statutesu 440 Other Civil Rights Actions

V. ORIGINTransferred fromanother district(specify)

Appeal to DiJudge fromMagistrateJudgment

(Place an X in One Box Only)

1 OriginalProceeding

u 2 Removed fromState Court

u 3 Remanded fromAppellate Court

u 4 Reinstated or Reopened

u 5 u 6 MultidistrictLitigation

u 7

VI. CAUSE OF ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity ):

Brief description of cause:

VII. REQUESTED INCOMPLAINT:

u CHECK IF THIS IS A CLASS ACTIONUNDER F.R.C.P. 23

DEMAND $ CHECK YES only if demanded in complaint:

JURY DEMAND: u Yes u No

VIII. RELATED CASE(S)IF ANY

(See instructions):JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

OR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

ATE BAR OF WISCONSIN

Dane

mes D. Peterson, Jennifer L. Gregor of Godfrey & Kahn, S.C., One Eastin Street, PO Box 2719, Madison, WI 53701-2719, Tel. 608-257-3911

LEXISNEXIS (a division of Reed Elsevier, Inc.)

15 USC Sections 1114 & 1125

Trademark infringement

08/19/2011 s/James D. Peterson

Case: 3:11-cv-00586 Document #: 1-4 Filed: 08/19/11 Page 1 of 1


19/21

A O 120 (Rev . 3 04

DECISION/JUDGEMENT


M a i l Stop 8 REPORT ON T H ETO:Director of the U.S. Patent and Tr a d e m a r k Offi ce FILING O R D E T E R M I N AT I O N OF A N

P.O. Bo x 1450 A C T I O N R E G A R D I N G A PATENT O R

Alexandria, V A 22313-1450 T R A D E M A R K

In Compliance with 35 U.S.C. 290 and/or 15 U.S.C. 1116 you ar e here by advised that a court action has been

filed in the U.S. District CourtWestern District of Wisconsin

on the following G Patents or Q7 Trademarks:

DOCKET1 V-9,V-586 DATE

FI i0 9/2011 U.S. DISTRICT COURWTesternDistrict of WisconsinPLAINTIFF DEFENDANT

STATE BA R OF WISCONSIN LEXISNEXIS (a division of Reed Elsevier, Inc.)

PATENT OR DATE OF PATENTHOLDER OF PATENT OR T R A D E M A R K

T R A D E M A R K NO. OR T R A D E M A R K

1 3, 945, 835 4/12/2011 State Bar of Wisconsin

2

3

4

5

In the aboveentitled case, the followingpatent(s)/ trademark(s) have been included:

DATE INCLUDED INCLUDED B Y

G Amendment G Answer G Cross Bil l G Other PleadingPATENT OR DATE OF PATENT

HOLDER OF PATENT OR T R A D E M A R KT R A D E M A R K

NO. ORT R A D E M A R K

1

2

3

4

5

In the aboveentitled case, the followingdecision has been rendered o r judgement issued:

CLERK (BY)DEPUTY CLERK DATE

Copy 1Upon initiation of action, mail this copy to Director Copy 3Upon termination of action, mail this copy to DirectorCopy 2Upon filing document adding patent(s), mail this copy to Director Copy 4Case file copy


20/21


AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURTfo r the

Western District o f Wisconsin

STATE BA R OF WISCONSIN

Plaintiff

v . Civil Action No . 11-CV-586

LEXISNEXIS (a division of Reed Elsevier, Inc.)

Defendant

SUMMONS IN A C I V I L A C T I O N

To: (Defendants n a m e and address) LexisNexis (a division of Reed Elsevier, Inc.)

c/o C T Corporation System, Registered Agent8040 Excelsior Drive, Ste. 200Madison, WI 53717

A lawsuit has been filed against you.

Within 21 days after service o f this s um m on s o n you (not counting the day you received it) or 60 days if youa re the United States or a United States agency, or a n officer or employee o f the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) you must s e r v e o n the plaintiff an a n s w e r to the attached complaint o r a motion under Rule 12 o fthe Federal Rules o f Civil Procedure. The a n s w e r or motion must be served o n the plaintiff or plaintiff s attorney,whose n a m e and address a r e : Attorneys James D. Peterson and Jennifer L. Gregor

Godfrey & Kahn, S.C.One East Main Street, Suite 500P.O. B ox 2719

Madison, WI 53701-2719

(608) 257-3911

If you fail to respond, judgment by default wil l be entered against you fo r the relief demanded in the complaint.Yo u also must file your a n s w e r or motion with the court.

CLERK OF COURT

Date:

Signature of Clerk or Deputy Clerk


21/21

Civil Action No .

Date:


AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

11-CV-586

PROOF OF SERVICE

(This section should n o t be filed with the c o u r t unless required by Fed. R. Civ. P. 4(l))

This s u m m o n s fo r (name of individual and title, if any)

w a s received by m e o n ( d a t e ) .

Cl I personally served the s um m o ns o n the individual at (place)

Cl I left the s u m m o n s at the individuals residence or usual place o f abode with (name)a person o f suitable age and discretion who resides there,

o n ( d a t e ) , and mailed a copy to the individuals last known address; or

Cl I served the s um m o ns o n (name ofindividual who is

designated by law to accept service o f process o n behalf o f (name oforganization)

Cl I returned the s u m m o n s unexecuted because; or

Cl Other (specify):

My fees a re fo r travel and fo r services, fo r a total o f 0.00

I declare under penalty o f perjury that this information is true.

Additional information regarding attempted service, etc:

o n ( d a t e ) ; or

o n ( d a t e ) ; or

Servers signature

Printed n a m e and title

Servers address

Complaint State Bar of Wisconsin v. LexisNexis

Documents

Transcript of Complaint State Bar of Wisconsin v. LexisNexis