Stipulated Facts — No. 1:21-cv-02163 (Dkt. 96, D. Colo.)

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Stipulated facts filed August 1, 2023 in DarkOwl, LLC v. ArkOwl LLC and ArkOwl Corporation, Civil Action No. 21-cv-02163-KLM, in the U.S. District Court for the District of Colorado. The parties stipulate that ArkOwl LLC was formed in 2012 as a Minnesota limited liability company and that DarkOwl, LLC is a Colorado limited liability company formed in 2015. ArkOwl obtained a federal registration for its word mark on April 21, 2020 (Reg. No. 6036746), claiming first use in commerce as early as October 11, 2012. DarkOwl filed U.S. Trademark Application Serial No. 87384235 on March 24, 2017, and it was registered under Reg. No. 5525738 on July 24, 2018 for database and computer security services drawn from the deep web and the darknet.

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Case No. 1:21-cv-02163-KLM Document 96 _ filed 08/01/23 USDC Colorado pg1of4

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 21-cv-02163-KLM
DARKOWL, LLC,

¥.

Plaintiff,

ARKOWL LLC and
ARKOWL CORPORATION,

Defendants.

STIPULATED FACTS

Plaintiff DarkOwl, LLC (“DarkOwl”) and Defendants ArkOwl LLC and ArkOwl

Corporation (“ArkOwl’) have stipulated to the following facts:

I.
2.
3.
4,

LinkedIn.com.

5.

ArkOwl LLC was formed in 2012 as a Minnesota limited liability company.
DarkOwl, LLC is a Colorado limited liability company formed in 2015.
ArkOwl does not maintain a physical office presence.

Individuals list “ArkOwl” as a software tool when identifying their skills on

ArkOwl obtained a federal registration for its word mark ArkOwl on April 21,

2020 (Reg. No. 6036746), claiming first use in commerce as early as October 11, 2012.

6.
7.

8.

9.

DarkOwl.

10.

DarkOwl’s customers are sophisticated.

DarkOwl, LLC is a Colorado limited liability company formed in 2015.
Mark Turnage is the Chief Executive Officer and co-founder of DarkOwl.

Russell Cohen is the President and Chief Financial Officer and co-founder of

In 2017, DarkOwl adopted the DARKOWL trademark and changed its company

name to DarkOwl.

Case No. 1:21-cv-02163-KLM Document 96 _ filed 08/01/23 USDC Colorado pg 2 of 4

11. On March 24, 2017, DarkOwl filed U.S. Trademark Application Serial No.

87384235 with the U.S. Patent and Trademark Office (“USPTO”) for the

DARKO YS
mark.

12. The USPTO reviewed the application and did not find a likelihood of confusion
with any prior third-party filings.

13. No third parties opposed Application Serial No. 87384235 and the application was
registered under Reg. No. 5525738 on July 24, 2018 for the following services: “Providing a
database featuring information about internet security and computer security from the deep web
and the darknet; computer security consultancy regarding data and information collected and
obtained from the deep web and the darknet; software as a service (SaaS) services featuring
software for retrieving from, adding to, and editing a database featuring information and data
obtained from the deep web and the darknet; computer software consulting services in the field of
cybersecurity utilizing deepweb and darknet information; electronic monitoring of information and
data obtained from the deep web and the darknet for the purpose of internet and computer security
by detecting compromised data; computer information security consulting services in the field of
maintaining the security and integrity of computer information and data using information and
data obtained from the deep web and the darknet; providing computer and internet security analysis
of information obtained from the deep web and the darknet; providing cybersecurity threat analysis
for protecting data using information obtained from the deep web and the darknet; cybersecurity
services, namely, monitoring of computer systems for data security purposes utilizing deep web

and darknet information” (“DarkOwl’s Registered Services”) in Class 42.

to

Case No. 1:21-cv-02163-KLM Document 96 _ filed 08/01/23 USDC Colorado pg 3 of 4

14, DarkOwl filed U.S. Trademark Application Serial No. 88216005 with the USPTO

DARKYIWVL _

15. The USPTO reviewed the application and did not find a likelihood of confusion

on December 4, 2018 for the k.
with any prior third-party filings.

16. No third parties opposed Application Serial No. 88216005 and the application was
registered under Reg. No. 5793807 on July 2, 2019 for DarkOwl’s Registered Services.

17. DarkOwl also markets its services through its publicly available website,

www.darkowl.com.


Case No. 1:21-cv-02163-KLM Document 96 _ filed 08/01/23 USDC Colorado pg 4of4

DATED June 26, 2023

By: /s/ Sabrina J_ Danielson By: /s/ Michael Frasier
Sabrina J. Danielson, CO Bar #49,279 Michael Frasier
HOLLAND & HART LLP RUBRIC LEGAL LLC
P.O. Box 8749 111 Third Avenue South
Denver, CO 80201 Suite 110

P: (303) 295-8565 Minneapolis, MN 55401
F; (303) 265-9255 micahel(@rubriclegal.com

SJDanielson@hollandhart.com
Attorney for Defendants ArkOw!i LLC and
Thomas L. Holt, IL Bar #6243134 ArkOwl Corporation
Jeremy Buxbaum, IL Bar #6296010
PERKINS COIE LLP
110 North Wacker Drive, 34th Floor
Chicago, IL 60606
P: (312) 324-8400
F: (312) 324-9400
THolt@perkinscoie.com
JBuxbaum@perkinscoie.com

Kourtney Mueller Merrill, CO Bar #36,662
PERKINS COIE LLP

1900 Sixteenth Street, Suite 1400

Denver, CO 80202

P: (303) 291-2300

F: (303) 291-2400
KMerrill@perkinscoie.com

Attorneys for Plaintiff DarkOwl, LLC

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