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

1and estoppel.23456789101112131415161718192021222324252627Third Defense163. The Complaint, in whole or in part, is barred by the doctrine of unclean hands.Fourth Defense164. The Complaint fails, in whole or in part, because any alleged use of craigslist’sallegedly copyrighted materials constitutes fair use.Fifth Defense165. The Complaint fails, in whole or in part, because any alleged use of craigslist’sallegedly copyrighted materials is de minimis.Sixth Defense166. The Complaint fails, in whole or in part, because the material allegedly copied is notowned by or registered to craigslist.Seventh Defense167. The Complaint fails, in whole or in part, because craigslist lacks standing to bringany claim of copyright infringement.Eighth Defense168. The Complaint fails, in whole or in part, because works by 3taps are notsubstantially similar to any work allegedly owned by craigslist.Ninth Defense169. The Complaint fails, in whole or in part, because the copyright registrations arefraudulent, improper, or invalid.Tenth Defense170. The Complaint fails, in whole or in part, because craigslist licensed, explicitly orimplicitly, the alleged copyrighted works.Eleventh Defense171. The Complaint fails, in whole or in part, because any alleged use of craigslist’strademarks constitutes fair use.283TAPS’ ANSWER AND COUNTERCLAIM23CASE NO.: 12-CV-3816-CRB