This case was last updated from U.S. District Courts on 10/30/2020 at 07:35:23 (UTC).

Freelancer International Pty Limited et al v. Upwork Global, Inc. et al

Case Summary

On 08/31/2020 Freelancer International Pty Limited filed an Intellectual Property - Trademark lawsuit against Upwork Global, Inc. This case was filed in U.S. District Courts, California Northern District. The Judges overseeing this case are Kandis A. Westmore and Susan Illston. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:20-CV-06132

  • Filing Date:

    08/31/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Trademark

Judge Details

Presiding Judges

Kandis A. Westmore

Susan Illston

 

Party Details

Plaintiffs

Freelancer International Pty Limited

Freelancer Technology Pty Limited

Defendants

Upwork Inc.

2625 Augustine Drive, Suite 601

Santa Clara, CA 95811

Upwork Global, Inc.

2625 Augustine Dr., Suite 601

Santa Clara, CA 95811

Attorney/Law Firm Details

Plaintiff Attorneys

Michael C. Ting

Attorney at Amin, Turocy and Watson LLP

160 West Santa Clara, Suite 975

San Jose, CA 95113

Andrew T. Oliver

Attorney at Amin, Turocy & Watson, LLP

160 West Santa Clara Street, Suite 975

San Jose, CA 95113

Perry S. Clegg

Attorney at Kunzler Bean & Adamson, PC

50 W Broadway, Suite 1000

Salt Lake City, UT 84101

Defendant Attorneys

Meghan Elyse Fenzel

Attorney at Fenwick & West LLP

801 California Street

Mountain View, CA 94041

Bobby A. Ghajar

Attorney at Cooley LLP

1333 2Nd Street, Suite 400

Santa Monica, CA 90401

Brian J Focarino

Attorney at Cooley LLP

500 Boylston Street

Boston, MA 02106

John W. Crittenden

Attorney at Cooley LLP

101 California Street, 5Th Floor

San Francisco, CA 94111-5800

Crystal Caldera

Attorney at Cooley

1333 2Nd Street, Suite 400

Santa Monica, CA 90401

Kathryn J Fritz

Attorney at Fenwick & West LLP

555 California Street, Suite 1200

San Francisco, CA 94104

 

Court Documents

#54

#53

52 #3

Proposed Order

52 #2

Exhibit A to Declaration of Brian Focarino

52 #1

Declaration of Brian Focarino in Support

#52

51 #3

Proposed Order

51 #2

Declaration of Andrew T. Oliver

#51

5 #1

Certificate of Good Standing of Perry S. Clegg

#5

#4

#3

#2

1 #3

Civil Cover Sheet

1 #2

Exhibit 2

1 #1

Exhibit 1

#1

159 More Documents Available

 

Docket Entries

  • 10/29/2020
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  • Docket(#54) TRANSCRIPT ORDER for proceedings held on 10/16/2020 before Judge Susan Illston by Freelancer International Pty Limited, Freelancer Technology Pty Limited, for Court Reporter Marla Knox. (Oliver, Andrew) (Filed on 10/29/2020) (Entered: 10/29/2020)

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  • 10/23/2020
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  • Docket(#53) ORDER DENYING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION AND GRANTING EXTENSION OF TIME TO ANSWER granting #51 Administrative Motion ; granting #52 Administrative Motion ; granting #52 Motion for Extension of Time to Answer. (Illston, Susan) (Filed on 10/23/2020) (Entered: 10/23/2020)

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  • 10/22/2020
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  • Docket(#52) ADMINISTRATIVE MOTION TO EXTEND TIME TO RESPOND TO THE COMPLAINT BEYOND 30 DAYS filed by Upwork Global, Inc., Upwork Inc.. Responses due by 10/26/2020. (Attachments: #1 Declaration of Brian Focarino in Support, #2 Exhibit A to Declaration of Brian Focarino, #3 Proposed Order)(Ghajar, Bobby) (Filed on 10/22/2020) (Entered: 10/22/2020)

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  • 10/19/2020
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  • Docket(#51) Plaintiffs Miscellaneous Administrative Request for Permission to File a Sur-Sur-Reply in Support of Motion for Preliminary Injunction re #48 Supplemental Brief, re #45 Objection, re #49 Declaration in Support filed by Freelancer International Pty Limited, Freelancer Technology Pty Limited. Responses due by 10/23/2020. (Attachments: #1 Exhibit A - Proposed Sur-Sur-Reply, #2 Declaration of Andrew T. Oliver, #3 [Proposed] Order)(Oliver, Andrew) (Filed on 10/19/2020) (Entered: 10/19/2020)

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  • 10/19/2020
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  • Docket(#50) Minute Entry for proceedings held before Judge Susan Illston: Motion for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not be Issued #7 Hearing held on 10/16/2020 via Zoom webinar. Total Time in Court: 1 hour. Court Reporter: Marla Knox. Plaintiff Attorney: Andrew Oliver, Michael Ting, Perry Clegg. Defendant Attorney: Bobby Ghajar, John Crittenden, Brian Focarino, Crystal Caldera. (ecS, COURT STAFF) (Date Filed: 10/19/2020) (Entered: 10/19/2020)

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  • 10/08/2020
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  • Docket(#49) Declaration of Bittu Ahlawat in Support of #48 Sur-Reply to Plaintiff's Motion for Preliminary Injunction filed by Upwork Global, Inc., Upwork Inc.. (Related document(s) #48 ) (Ghajar, Bobby) (Filed on 10/8/2020) Modified on 10/9/2020 (gbaS, COURT STAFF). (Entered: 10/08/2020)

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  • 10/08/2020
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  • Docket(#48) Sur-Reply in Opposition to Plaintiffs' Motion for Preliminary Injunction re #38 Response,, #46 Order filed by Upwork Global, Inc., Upwork Inc.. (Related document(s) #38 , #46 ) (Ghajar, Bobby) (Filed on 10/8/2020) Modified on 10/9/2020 (gbaS, COURT STAFF). (Entered: 10/08/2020)

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  • 10/06/2020
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  • Docket(#47) OPPOSITION TO MOTION FOR LEAVE TO FILE SURREPLY re #45 Objection filed by Freelancer International Pty Limited, Freelancer Technology Pty Limited (Attachments: #(1) [Proposed] Order)(Oliver, Andrew) (Filed on 10/6/2020) (Entered: 10/06/2020)

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  • 10/06/2020
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  • Docket(#46) ORDER GRANTING DEFENDANTS' ADMINISTRATIVE MOTION FOR LEAVE TO FILE SUR-REPLY (Illston, Susan) (Filed on 10/6/2020) (Entered: 10/06/2020)

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  • 10/02/2020
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  • Docket(#45) OBJECTIONS to re #43 Notice (Other), #44 Notice (Other), Defendants Objections to Plaintiffs Reply Evidence and Administrative Motion For Leave to File Sur-Reply by Upwork Global, Inc., Upwork Inc.. (Ghajar, Bobby) (Filed on 10/2/2020) (Entered: 10/02/2020)

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34 More Docket Entries
  • 08/31/2020
  • Docket(#10) Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/14/2020. (anjS, COURT STAFF) (Filed on 8/31/2020) (Entered: 08/31/2020)

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  • 08/31/2020
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  • Docket(#9) Declaration of Andrew T. Oliver in Support of #7 MOTION for Temporary Restraining Order and for Order to Show Cause Why Preliminary Injunction Should Not Be Issued filed byFreelancer International Pty Limited, Freelancer Technology Pty Limited. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44)(Related document(s) #7 ) (Oliver, Andrew) (Filed on 8/31/2020) (Entered: 08/31/2020)

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  • 08/31/2020
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  • Docket(#8) Declaration of Robert Matthew "Matt" Barrie in Support of #7 MOTION for Temporary Restraining Order and for Order to Show Cause Why Preliminary Injunction Should Not Be Issued filed byFreelancer International Pty Limited, Freelancer Technology Pty Limited. (Attachments: #1 Exhibit 1 - Trademark Registration, #2 Exhibit 2 - Freelancer Annual Report, #3 Exhibit 3 - email)(Related document(s) #7 ) (Oliver, Andrew) (Filed on 8/31/2020) (Entered: 08/31/2020)

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  • 08/31/2020
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  • Docket(#7) MOTION for Temporary Restraining Order and for Order to Show Cause Why Preliminary Injunction Should Not Be Issued filed by Freelancer International Pty Limited, Freelancer Technology Pty Limited. (Attachments: #1 Proposed Order)(Oliver, Andrew) (Filed on 8/31/2020) (Entered: 08/31/2020)

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  • 08/31/2020
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  • Docket(#6) MOTION for Leave to File Excess Pages for Motion for TRO and OSC regarding PI filed by Freelancer International Pty Limited, Freelancer Technology Pty Limited. (Attachments: #1 Proposed Order)(Oliver, Andrew) (Filed on 8/31/2020) (Entered: 08/31/2020)

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  • 08/31/2020
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  • Docket(#5) MOTION for leave to appear in Pro Hac Vice for Peggy S. Clegg ( Filing fee $ 310, receipt number 0971-14882186.) filed by Freelancer International Pty Limited, Freelancer Technology Pty Limited. (Attachments: #1 Certificate of Good Standing of Perry S. Clegg)(Clegg, Perry) (Filed on 8/31/2020) Modified on 9/1/2020 (bnsS, COURT STAFF). (Entered: 08/31/2020)

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  • 08/31/2020
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  • Docket(#4) NOTICE of Appearance by Michael C. Ting (Ting, Michael) (Filed on 8/31/2020) (Entered: 08/31/2020)

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  • 08/31/2020
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  • Docket(#3) Proposed Summons. (Oliver, Andrew) (Filed on 8/31/2020) (Entered: 08/31/2020)

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  • 08/31/2020
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  • Docket(#2) Proposed Summons. (Oliver, Andrew) (Filed on 8/31/2020) (Entered: 08/31/2020)

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  • 08/31/2020
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  • Docket(#1) COMPLAINT with Jury Demand against All Defendants ( Filing fee $ 400, receipt number 0971-14881534.). Filed byFreelancer International Pty Limited, Freelancer Technology Pty Limited. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet)(Oliver, Andrew) (Filed on 8/31/2020) Modified on 9/1/2020 (bnsS, COURT STAFF). (Entered: 08/31/2020)

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