3TAPS, INC.'S ANSWER AND COUNTERCLAIM Case No. CV-12 ...

1234567891011121314151617181920212223242526272849. 3taps admits that the U.S. trademark registrations listed in paragraph 48 note19950701 as the date of first use in commerce. 3taps lacks knowledge or information sufficient toform a belief as to whether CRAIGSLIST was in fact first used in commerce in 1995, and therefore,denies the same. 3taps lacks knowledge or information sufficient to form a belief as to the truth ofthe remaining allegations in paragraph 49 and therefore denies the same.50. 3taps lacks knowledge or information sufficient to form a belief as to the truth of theallegations in paragraph 50 and therefore denies the same.51. 3taps lacks knowledge or information sufficient to form a belief as to the truth of theallegations in paragraph 51 and therefore denies the same.52. 3taps lacks knowledge or information sufficient to form a belief as to the truth of theallegations in paragraph 52 and therefore denies the same.53. 3taps lacks knowledge or information sufficient to form a belief as to the truth of theallegations in paragraph 53 and therefore denies the same.E. Complaint section titled, “Defendants’ Unlawful Activities.”a. Complaint section titled, “3taps.”54. 3taps denies that it is “copying” any of craigslist’s protected content. 3taps admitsthat it provides access to user-generated data that craigslist users have made public, doing so assellers of their own goods and services. 3taps denies that it is providing access to any data thatcraigslist owns or to which craigslist has exclusive rights. 3taps admits that it dedicatesconsiderable attention to craigslist since craigslist has such a position of market dominance in theonline classified advertising sector.55. 3taps admits that it has previously provided access to publicly available data from avariety of sources, but 3taps denies that it is “copying” any content that craigslist may legitimatelyprotect as its intellectual property. 3taps admits that it provides access to user-generated data thatcraigslist has made publicly available. 3taps denies that it is providing access to any data thatcraigslist owns or to which craigslist has exclusive rights. 3taps also denies that it has “copied” theprotected data of any other company.56. 3taps admits that it provides access only to user-generated data that craigslist has3TAPS’ ANSWER AND COUNTERCLAIM14CASE NO.: 12-CV-3816-CRB