LegalZoom.com Inc v. Rocket Lawyer Incorporated

Filing 61

DECLARATION of Hong-An Vu In Support of MOTION for Summary Judgment as to AND/OR ADJUDICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF (REDACTED) 60 filed by Defendant Rocket Lawyer Incorporated. (Attachments: # 1 Exhibit A, # 2 Exhibit B (PART1), # 3 Exhibit B (PART 2), # 4 Exhibits C-E and M-O)(Vu, Hong-An)

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Forrest A. Hainline III (SBN 64166)
[e-mail]
Hong-An Vu (SBN 266268)
[e-mail]
GOODWIN PROCTER LLP
Three Embarcadero Center
24th Floor
San Francisco, California 94111
Tel.: [phone]
Fax.: [phone]
Michael T. Jones (SBN 290660)
[e-mail]
GOODWIN PROCTER LLP
135 Commonwealth Drive
Menlo Park, California 94025-1105
Tel.: [phone]
Fax.: [phone]
Brian W. Cook (Pro Hac Vice)
[e-mail]
GOODWIN PROCTER LLP
53 State Street
Boston, MA 02109-2802
Tel.: [phone]
Fax.: [phone]
Attorneys for Defendant
ROCKET LAWYER INCORPORATED

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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LEGALZOOM.COM, INC., a Delaware
corporation,
Plaintiff,

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v.
ROCKET LAWYER
INCORPORATED, a Delaware
corporation,
Defendant.

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ACTIVE/73670152.1

Case No. 2:12-cv-09942-GAF-AGR
DECLARATION OF HONG-AN VU
IN SUPPORT OF ROCKET
LAWYER INCORPORATED’S
MOTION FOR SUMMARY
JUDGMENT AND/OR
ADJUDICATION
Date:
Time:
Judge:
Courtroom:

August 18, 2014
9:30 a.m.__
Judge Gary A. Feess
740
255 East Temple Street
Los Angeles, CA 90012
Action Filed: November 20, 2012

DECLARATION OF HONG-AN VU

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I, Hong-An Vu, declare as follows:

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1.

I am an associate at Goodwin Procter LLP, counsel of record for

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defendant and counterclaimant Rocket Lawyer Incorporated (“Rocket Lawyer”). I

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submit this declaration in support of Rocket Lawyer’s Motion for Summary

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Judgment and/or Adjudication (the “Motion”). I am over the age of 18 years. Unless

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otherwise indicated, I have personal knowledge of the matters stated herein and, if

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called upon to do so, I could and would competently testify to them under oath.

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2.

Attached hereto as Exhibit A is a true and correct copy of the expert

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report of Professor Jerry (Yoram) Wind Consumer Perceptions of Rocket Lawyer’s

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Advertisement and Website without appendices, dated April 15, 2014.

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3.

appendices to Professor Wind’s expert report1:

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Attached hereto as Exhibit B is a true and correct copy of the various

(a)

Appendix A, the declaration of David Baga, attesting to the

consumer journey reflected in Professor Wind’s stimuli;

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(b)

Appendix B, Professor Wind’s resume;

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(c)

Appendix C, a list of cases in which Professor Wind has

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(d)

Appendix E, the stimuli used in Professor Wind’s survey;

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(e)

Appendix G, the questionnaire used for Professor Wind’s survey;

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(f)

Appendix L, computer tabulations for Professor Wind’s survey;

(g)

Appendix M, statistical analysis of the survey results.

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testified;

and

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4.

Attached hereto as Exhibit C is a true and correct copy of Professor

Wind’s rebuttal report to the expert report submitted by Dr. Bruce Isaacson,

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All appendices were served on counsel for LegalZoom on April 15, 2014 along
with Professor Wind’s expert report.
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ACTIVE/73670152.1

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LegalZoom’s expert, purporting to measure the impressions conveyed by materials

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advertising Rocket Lawyer, dated May 15, 2014.

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5.

Attached hereto as Exhibit D is a copy of the expert report submitted

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by Dr. Bruce Isaacson, LegalZoom’s expert, purporting to measure the impressions

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conveyed by materials advertising Rocket Lawyer, with Exhibits 2-5, dated May 15,

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2014.

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6.

Attached hereto as Exhibit E is a true and correct copy of Rocket

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Lawyer’s Second Supplemental Objections and Responses to Plaintiff’s First Set of

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Special Interrogatories.

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Attached hereto as Exhibit F are charts with Rocket Lawyer’s business

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formation (i.e. incorporation and LLC) advertisement and conversion data from

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documents produced in Excel format, Bates RLI0007924-RLI0007925, and RLI-

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0036636.

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8.

Attached hereto as Exhibit G is a true and correct copy of an Excel file

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containing data demonstrating that Rocket Lawyer has not advertised “free legal

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review” on Google.com, Bates RLI0007917.

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Attached hereto as Exhibit H is a true and correct copy of an Excel file

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containing data demonstrating that Rocket Lawyer has not advertised “free legal

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review” on Bing.com, Bates RLI0007921.

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10.

Attached hereto as Exhibit I is a true and correct copy of an Excel file

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containing data demonstrating that Rocket Lawyer has not advertised “free help

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from local attorneys” on Google.com, Bates RLI0007923.

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Attached hereto as Exhibit J is a true and correct copy of an Excel file

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containing data demonstrating that Rocket Lawyer has not advertised “free help

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from local attorneys” on Bing.com, Bates RLI0007919.

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Attached hereto as Exhibit K is a chart with Rocket Lawyer’s free trial

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advertisement and conversion data from documents produced in Excel format, Bates

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RLI0007918 and RLI0007922.
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Attached hereto as Exhibit L is a true and correct copy of a document

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containing data relating to businesses formed on RocketLawyer.com and cash

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proceeds collected by Rocket Lawyer, Bates RLI0036636-RLI0036637.

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Attached hereto as Exhibit M is a true and correct copy of a

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screenshots I took of LegalZoom’s free trial advertisements on

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www.legalzoom.com.

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15.

Attached hereto as Exhibit N is a true and correct copy of the Google

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and Bing instructions regarding keyword advertisements on Google and Bing,

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respectively, and Google and Bing search results for the keyword “incorporation.”

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Attached hereto as Exhibit O is a true and correct copy of Professor

Wind’s response to Dr. Isaacson’s rebuttal to his expert report, dated June 27, 2014.
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As of the date of this Motion, Rocket Lawyer has produced over 22,000

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documents in response to LegalZoom’s discovery requests, including at least 10

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spreadsheets of generated advertisement and conversion data.

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I declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct. Executed on this 30th day of June, 2014.

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/s/ Hong-An Vu
HONG-AN VU

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-3ACTIVE/73670152.1