LegalZoom.com Inc v. Rocket Lawyer Incorporated

Filing 83

DECLARATION of Hong-An Vu re Objection/Opposition (Motion related),, 82 , Notice of Manual Filing (G-92),, 81 IN OPPOSITION TO LEGALZOOM.COM, INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Defendant Rocket Lawyer Incorporated. (Attachments: # 1 EX 9-35)(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/74719500.2

Case No. 2:12-cv-09942-GAF-AGR
DECLARATION OF HONG-AN VU
IN OPPOSITION TO
LEGALZOOM.COM, INC.’S
MOTION FOR PARTIAL
SUMMARY JUDGMENT
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 1 is a true and correct copy of an email

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from LegalZoom to Travis Giggy, dated July 17, 2012, beginning Bates Number

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GIG02188.

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3.

Attached hereto as Exhibit 2 is a true and correct copy of an email

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chain between Scott MacDonnell and Travis Giggy, dated January 2009, beginning

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Bates Number GIG02399.

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4.

Attached hereto as Exhibit 3 is a true and correct copy of an internal

LegalZoom email chain, dated October 2011, beginning Bates Number LZ001543.
5.

Attached hereto as Exhibit 4 is a true and correct copy of the Affiliate

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Agreement between LegalZoom.com, Inc. and Own Vision, LLC (d/b/a

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Legalspring.com), beginning Bates Number LZ001625.

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Attached hereto as Exhibit 5 is a true and correct copy of an internal

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LegalZoom email chain, dated February 15, 2012, beginning Bates Number

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LZ001791.

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7.

Attached hereto as Exhibit 6 is a true and correct copy of an internal

LegalZoom email chain, dated March, 2012, beginning Bates Number LZ001988.
8.

Attached hereto as Exhibit 7 is a true and correct copy of an internal

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LegalZoom email chain, dated November, 2006, discussing an included email from

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Travis Giggy to Brian Lee, dated November 14, 2006, beginning Bates Number

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LZ007432.
-1ACTIVE/74719500.2

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9.

Attached hereto as Exhibit 8 is a true and correct copy of an email

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chain between Brian Liu and Travis Giggy, dated May 2006, beginning Bates

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Number LZ007437.

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10.

Attached hereto as Exhibit 9 is a true and correct screenshot of a

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putative customer review (by “Dr. Mark S.”) posted on

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http://www.legalspring.com/Site.aspx?site=1&sitename=LegalZoom,

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Legalspring.com’s review page for LegalZoom incorporation services.

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Attached hereto as Exhibit 10 is a true and correct copy of a letter from

counsel for LegalZoom to counsel for Rocket Lawyer, dated December 18, 2013.
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Attached hereto as Exhibit 11 is a true and correct screenshot of the

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Better Business Bureau’s internet listing for Own Vision LLC, showing alternate

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business names of Legalspring.com and Smallbusinessvictory.com.

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Attached hereto as Exhibit 12 is a true and correct copy of an email

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chain between Brian Liu and Travis Giggy, dated May 2010, beginning Bates

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Number LZ000753.

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Attached hereto as Exhibit 13 is a true and correct copy of an email

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from Travis Giggy to Scott MacDonell, copying Brandon Molina, dated July 25,

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2011, beginning Bates Number LZ000924.

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15.

Attached hereto as Exhibit 14 is a true and correct copy of an email

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chain involving Travis Giggy and various LegalZoom employees, dated December

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2011, beginning Bates Number LZ001127.

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Attached hereto as Exhibit 15 is a true and correct copy of an email

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from Travis Giggy to Scott MacDonell and Dorian Quispe, dated February 1, 2012,

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beginning Bates Number LZ001196.

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Attached hereto as Exhibit 16 is a true and correct copy of an email

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from Scott MacDonell to Travis Giggy, copying other LegalZoom employees, dated

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February 22, 2012, beginning Bates Number LZ001229.

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-2ACTIVE/74719500.2

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Attached hereto as Exhibit 17 is a true and correct copy of an email

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chain between Travis Giggy and Scott MacDonell, copying various LegalZoom

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employees, dated February 2012, beginning Bates Number LZ001238.

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Attached hereto as Exhibit 18 is a true and correct copy of an email

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from Scott MacDonell to Travis Giggy, dated April 4, 2012, beginning Bates

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Number LZ001342.

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Attached hereto as Exhibit 19 is a true and correct copy of an internal

LegalZoom email chain, dated August 2010, beginning Bates Number LZ001485.
21.

Attached hereto as Exhibit 20 is a true and correct copy of an email

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from Scott MacDonell to Brian Liu, dated October 7, 2011, forwarding an email

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from Travis Giggy, dated October 6, 2011, beginning Bates Number LZ001549.

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Attached hereto as Exhibit 21 is a true and correct copy of an email

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from Scott MacDonell to Peter Prucnel, dated October 11, 2011, forwarding an

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email from Travis Giggy, dated October 10, 2011, beginning Bates Number

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LZ001553.

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Attached hereto as Exhibit 22 is a true and correct copy of a screenshot

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of Legalspring.com’s review page for The Company Corporation, dated December

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11, 2012, beginning Bates Number RLI0063406.

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Attached hereto as Exhibit 23 is a true and correct copy of a

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Legalspring.com press release, dated June 23, 2004, beginning Bates Number

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RLI0063423.

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Attached hereto as Exhibit 24 is a true and correct copy of a screenshot

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of a LegalZoom advertisement on Offer.com, dated January 27, 2014, beginning

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Bates Number RLI0063426.

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Attached hereto as Exhibit 25 is a true and correct copy of a screenshot

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of LegalZoom promotional offers on PocketDeal.com, dated January 27, 2014,

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beginning Bates Number RLI0063428.

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-3ACTIVE/74719500.2

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Attached hereto as Exhibit 26 is a true and correct copy of a screenshot

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of Legalspring.com’s review page for BizFilings, dated July 9, 2014, beginning

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Bates Number RLI0063436.

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Attached hereto as Exhibit 27 is a true and correct copy of a screenshot

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of Legalspring.com’s review page for CorpCreations, dated July 9, 2014, beginning

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Bates Number RLI0063444.

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Attached hereto as Exhibit 28 is a true and correct copy of a screenshot

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of Legalspring.com’s review page for LegalFilings.com, dated July 9, 2014,

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beginning Bates Number RLI0063449.

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Attached hereto as Exhibit 29 is a true and correct copy of a screenshot

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of Legalspring.com’s review page for MyCorporation.com, dated July 9, 2014,

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beginning Bates Number RLI0063487.

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Attached hereto as Exhibit 30 is a true and correct copy of a screenshot

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of Legalspring.com’s review page for The Company Corporation, dated July 9,

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2014, beginning Bates Number RLI0063502.

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Attached hereto as Exhibit 31 is a true and correct copy of a screenshot

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of LegalZoom promotional offers on TheRawFeed.com, dated January 27, 2014,

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beginning Bates Number RLI0063509.

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Attached hereto as Exhibit 32 is a true and correct screenshot of a

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putative customer review (by “Linda H.”) posted on

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http://www.legalspring.com/Site.aspx?site=1&sitename=LegalZoom,

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Legalspring.com’s review page for LegalZoom incorporation services, beginning

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Bates Number RLI0063525.

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Attached hereto as Exhibit 33 is a true and correct screenshot of a

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putative customer review (by “Matt S.”) posted on

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http://www.legalspring.com/Site.aspx?site=1&sitename=LegalZoom,

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Legalspring.com’s review page for LegalZoom incorporation services, beginning

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Bates Number RLI0063526.
-4ACTIVE/74719500.2

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35.

Attached hereto as Exhibit 34 is a true and correct copy of

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LegalZoom’s Supplemental Response to Rocket Lawyer’s Interrogatory No. 7,

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dated December 3, 2013.

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Attached hereto as Exhibit 35 is a true and correct copy of

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LegalZoom’s Response to Rocket Lawyer’s Interrogatory Nos. 5 and 6 dated

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September 23, 2014.

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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 28th day of July, 2014.

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/s/ Hong-An Vu
HONG-AN VU

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-5ACTIVE/74719500.2