FreecycleSunnyvale v. The Freecycle Network

Filing 30

Declaration of Esha Bandyopadhyay in Support of 29 Memorandum in Opposition to Freecyclesunnyvale's Motion to Dismiss Counterclaims and to Strike State-Law Counterclaim filed byThe Freecycle Network. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7)(Related document(s) 29 ) (Bandyopadhyay, Esha) (Filed on 5/19/2006)

FreecycleSunnyvale v. The Freecycle Network

Doc. 30

Case 4:06-cv-00324-CW

Document 30

Filed 05/19/2006

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PAUL J. ANDRE, Bar No. 196585 ([e-mail]) LISA KOBIALKA, Bar No. 191404 ([e-mail]) ESHA BANDYOPADHYAY, Bar No. 212249 ([e-mail]) SEAN M. BOYLE, Bar No. 238128 ([e-mail]) PERKINS COIE LLP 101 Jefferson Drive Menlo Park, CA 94025 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant The Freecycle Network, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

FREECYCLESUNNYVALE, a California unincorporated association, Plaintiff, v. THE FREECYCLE NETWORK, INC., an Arizona corporation, Defendant. ___________________________________ AND RELATED COUNTERCLAIMS

CASE NO. C 06-00324 CW DECLARATION OF ESHA BANDYOPADHYAY IN SUPPORT OF THE FREECYCLE NETWORK, INC.'S OPPOSITION TO FREECYCLESUNNYVALE'S MOTIONS TO DISMISS COUNTERCLAIMS UNDER FED.R.CIV.P. 12(b)(6) AND TO STRIKE STATE-LAW COUNTERCLAIM UNDER CAL. CODE CIV. PROC. § 425.16

DEC. OF E. BANDYOPADHYAY ISO OPP. TO MOTIONS TO DISMISS AND STRIKE COUNTERCLAIMS

CASE NO. 06-00324 CW

Dockets.Justia.com

Case 4:06-cv-00324-CW

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I, ESHA BANDYOPADHYAY, declare: 1. I am an attorney with the law firm of Perkins Coie LLP, counsel of record for

Defendant and Counterclaimant The Freecycle Network, Inc. ("The Freecycle Network"). I have personal knowledge of the facts set forth in this declaration and can testify competently to those facts. 2. On April 24, 2006, a District Court in Arizona held a hearing on an Ex Parte

Motion for Temporary Restraining Order ("TRO Motion") filed by The Freecycle Network against the individual Mr. Tim Oey ("Mr. Oey"). Counsel for Counterdefendant FreecycleSunnyvale ("Counterdefendant") in this matter, the law firm of Mayer, Brown, Rowe & Maw LLP ("Mayer Brown") made a telephonic appearance on behalf of Mr. Oey at the hearing on the TRO Motion. Mayer Brown's appearance on behalf of Mr. Oey is reflected in the Court's minutes from the hearing. Attached hereto as Exhibit 1 is a true and correct copy of the Court's minutes from the April 24th hearing. 3. On April 28, 2006, I wrote to Ian Feinberg of Mayer Brown, indicating that Mr.

Oey had refused and failed to comply with the Court's Order granting The Freecycle Network's TRO Motion ("Order"). Attached hereto as Exhibit 2 is a true and correct copy of my April 28, 2006, letter to Ian Feinberg (without attachments). 4. On May 1, 2006, I received a response from Mr. Dennis Corgill of Mayer Brown,

indicating that their firm is not representing Mr. Oey as an individual. Attached to this declaration as Exhibit 3 is a true and correct copy of Mr. Corgill's May 1, 2006 letter. 5. On May 2, 2006, I wrote to Mr. Oey's counsel in Arizona, Ms. Ashley Lynn Kirk,

reiterating that Mr. Oey had refused and failed to comply with the Court's Order, and requesting that Mr. Oey immediately comply with the Court's Order. Attached to this declaration as Exhibit 4 is a true and correct copy of my May 2, 2006, letter to Ms. Kirk. 6. On May 9, 2006, the Arizona Court held a hearing on a Motion for Preliminary

Injunction ("PI Motion") filed by The Freecycle Network against the individual Mr. Tim Oey ("Mr. Oey"). The Arizona Court granted the PI Motion on May 12, 2006.

-2DEC. OF E. BANDYOPADHYAY ISO OPP. TO MOTIONS TO DISMISS AND STRIKE COUNTERCLAIMS CASE NO. 06-00324 CW

Case 4:06-cv-00324-CW

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7.

Several postings by Counterdefendant or members of Counterdefendant encourage

others to use the trademarks at issue in this case in a manner that infringes upon The Freecycle Network's rights. Attached hereto as Exhibits 5-7 are examples of such postings by Counterdefendant or members of Counterdefendant. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed in Menlo Park, California on May 19, 2006.

By

/s/ Esha Bandyopadhyay Esha Bandyopadhyay Attorney for Defendant and Counterclaimant The Freecycle Network, Inc.

-3DEC. OF E. BANDYOPADHYAY ISO OPP. TO MOTIONS TO DISMISS AND STRIKE COUNTERCLAIMS CASE NO. 06-00324 CW