John Beck Amazing Profits, LLC v. Google Inc. et al

Filing 61

MOTION to Exclude the Expert Report and Opinion of Thomas J. Maronick and Brief in Support by AOL LLC, Google Inc.. (Attachments: # 1 Declaration of Carl Butzer, # 2 Exhibit A to Declaration of Carl Butzer part 1, # 3 Exhibit A to Declaration of Carl Butzer part 2, # 4 Exhibit A to Declaration of Carl Butzer part 3, # 5 Exhibit A to Declaration of Carl Butzer part 4, # 6 Exhibit A to Declaration of Carl Butzer part 5, # 7 Exhibit A to Declaration of Carl Butzer part 6, # 8 Exhibit A to Declaration of Carl Butzer part 7, # 9 Exhibit A to Declaration of Carl Butzer part 8, # 10 Exhibit A to Declaration of Carl Butzer part 9, # 11 Exhibit A to Declaration of Carl Butzer part 10, # 12 Exhibit A to Declaration of Carl Butzer part 11, # 13 Exhibit A to Declaration of Carl Butzer part 12, # 14 Exhibit A to Declaration of Carl Butzer part 13, # 15 Exhibit A to Declaration of Carl Butzer part 14, # 16 Exhibit B to Declaration of Carl Butzer, # 17 Declaration of Itamar Simonson, # 18 Exhibit 1 to Declaration of Itamar Simonson, # 19 Text of Proposed Order)(Babcock, Charles)

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John Beck Amazing Profits, LLC v. Google Inc. et al Doc. 61 Att. 5 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. Yes, I do know that. Okay. Have you ever clicked on a sponsored link before? A. Q. Yes, I have. Okay. Say in a given week of searching how frequently would you on average click on a sponsored link? A. than that. Probably not once a week. I'm usually focusing on a Less particular -- I'm focusing on a particular company or trademark. I'm simply looking for I wouldn't go to the that one and go to that. sponsored links. Q. The sponsored links are usually typically either at the top of the search results or on the right side of the search results; correct? A. Q. Yes. So when you're talking about going directly to what you're searching for, are you referring to the so-called natural or organic results? A. Q. That's correct, yes. All right, sir. But you have from time to time 800-567-8658 Veritext Corporate Services 973-410-4040 Dockets.Justia.com 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Complaint did you read the Complaint? A. Q. Yes, I did. It makes reference in Exhibit 9 to Do you know who the Plaintiffs' screen shot. that is? A. Q. I don't recall. Do you know how many Plaintiffs there are in these cases? A. Q. I don't recall. Sure. But regardless of how many Plaintiffs there are in these cases, it is true that you did not survey with respect to any trademarks of the named Plaintiffs in the case; true? A. Q. A. That's correct. Why was that? I just wasn't asked to do that. (Maronick Exhibit Number 10 was marked for identification.) BY MR. MORAN: Q. Professor, I'm handing you Maronick Exhibit 10, which I will represent to you is a document produced by counsel for the Plaintiffs to us yesterday. Does that appear to be the Class Action Complaint you were forwarded 800-567-8658 Veritext Corporate Services 973-410-4040 82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 time I was designing the survey and looking for search results pages to put into the survey. Q. Back to Exhibit 14, which is the search results page for Southwest that Mr. Meyer sent to you, you see the top sponsored link we established it says Southwest official site; right? A. Q. Yes. And if we were dealing with an actual website a user could click on the Southwest official site; could they not? A. Q. Yes. And if you click through that link it would take you to, in fact, the official Southwest site; true? A. it would. know that. Q. All right. Well, if it did click I don't know. I don't know that I presume that it would, but I don't through and take you to or user to the official Southwest site, a person can, in fact, buy a ticket on Southwest Airlines at that official site; true? A. That's my understanding. If it's a Southwest official site, yes, you could. 800-567-8658 Veritext Corporate Services 973-410-4040 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that? Q. that; right? A. Because, in fact, you've done Not through the sponsored link, but through the Southwest site. Q That's a good point you make. You That say you've gone through the official site. would be on Exhibit 14, the second entry; right, that says Southwest Airlines, book flights airline tickets, air fair; correct? A. Q. Yes. That entry that I just mentioned, Southwest Airlines, book flights, airline tickets, air fare is part of the natural organic results; is that true? A. Q. Yes. So when you made your reservations on Southwest you went to that website and clicked there? A. Q. That's what I would do, yes. And when you've gone there you've been able to purchase a Southwest Airlines ticket; is that true? A. Q. That's true. Wouldn't others be able to do 800-567-8658 Veritext Corporate Services 973-410-4040 84 1 2 3 4 A. Yes. Q. In this case you did not test the Southwest official site as one of the sponsored links in this case; true? A. Q. No, I did not. Now, if, in fact, you had tested 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the Southwest official site in this case, would you have expected survey respondents to believe that that sponsored link was sponsored by Southwest Airlines? MR. FENSTER: Object to form. THE WITNESS: Can you repeat the question? BY MR. MORAN: Q. Sure. If, in fact, you had tested the Southwest official site in this case as a sponsored link, would you have expected the survey respondents to believe that that particular sponsored link was sponsored by Southwest Airlines? A. Q. A. official site. Q. Same question with respect to Yes, I would expect it to be. Why? Because it says it's Southwest's 800-567-8658 Veritext Corporate Services 973-410-4040 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 whether or not you would have expected the survey respondents to believe that that Southwest official site was related to Southwest Airlines? MR. FENSTER: Object to form. THE WITNESS: Yes. BY MR. MORAN: Q. Would you have expected the survey respondents to say that that sponsored link was affiliated with Southwest Airlines? A. As I think about it, yes, I would expect that they would have. Q. And would you also have expected survey respondents to say that that sponsored link, Southwest official site, would also be associated with Southwest Airlines? A. Yes. MR. FENSTER: Same objections. BY MR. MORAN: Q. And would you also expect the survey respondents to have said that they believe you could purchase goods or services from Southwest Airlines from that Southwest official site sponsored link? A. I would expect that they would Veritext Corporate Services 973-410-4040 800-567-8658