Petroliam Nasional Berhad v. GoDaddy.com, Inc.

Filing 113

Declaration of John L. Slafsky in Support of 112 MOTION for Summary Judgment Notice of Motion, Motion, and Memorandum of Points and Authorities ISO Go Daddy's Motion for Summary Judgment filed byGoDaddy.com, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Related document(s) 112 ) (Slafsky, John) (Filed on 11/2/2011)

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JOHN L. SLAFSKY, State Bar No. 195513
DAVID L. LANSKY, State Bar No. 199952
HOLLIS BETH HIRE, State Bar No. 203651
WILSON SONSINI GOODRICH & ROSATI
PROFESSIONAL CORPORATION
650 Page Mill Road
Palo Alto, CA 94304
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant
GODADDY.COM, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PETROLIAM NASIONAL BERHAD,

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Plaintiff,

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vs.

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GODADDY.COM, INC.,

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Defendant.

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GODADDY.COM, INC.,
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Counterclaimant,
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vs.
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PETROLIAM NASIONAL BERHAD,
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Counterclaim Defendant.
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CASE NO.: 09-CV-5939 PJH

DECLARATION OF JOHN
SLAFSKY IN SUPPORT OF
GO DADDY’S MOTION FOR
SUMMARY JUDGMENT

Date:
Time:
Courtroom:

December 7, 2011
9:00 a.m.
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Honorable Phyllis J. Hamilton

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I, John L. Slafsky, declare:

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1.

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I am an attorney admitted to practice law before this Court, and am a member of

the law firm of Wilson Sonsini Goodrich & Rosati, P.C., counsel for Defendant GoDaddy.com,

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J. SLAFSKY DECLARATION ISO GO DADDY’S
MOTION FOR SUMMARY JUDGMENT
Case No. 4:09-cv-05939-PJH

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Inc. (“Go Daddy”). I have personal knowledge of the facts set forth in this Declaration. I submit

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this declaration in support of Go Daddy’s motion for summary judgment.

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2.

Attached hereto as Exhibit 1 is a true and correct copy of a record titled “Hosting

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History for Amateurchat.net.” At my direction, this record was retrieved from the website

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www.domaintools.com on October 27, 2011. This record is publicly available on the

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www.domaintools.com website, which can be accessed by paying a small annual membership fee.

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This record sets forth the IP Addresses for the website(s) that the domain <amateurchat.net>

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resolved to each day for the period from May 3, 2004 through April 10, 2011.

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3.

Attached hereto as Exhibit 2 is a true and correct copy of a record titled “Hosting

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History for Camfunchat.com.” At my direction, this record was retrieved from the website

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www.domaintools.com on October 27, 2011. This record is publicly available on the

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www.domaintools.com website. This record sets forth the IP Addresses for the website that the

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domain <camfunchat.com> resolved to each day for the period from July 10, 2005 through April

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10, 2011.

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4.

Attached hereto as Exhibit 3 is a true and correct copy of a record titled “Hosting

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History for Petronastower.net.” At my direction, this record was retrieved from the website

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www.domaintools.com on October 27, 2011. This record is publicly available on the

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www.domaintools.com website. This record sets forth the IP Addresses for the website that the

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domain <petronastower.net> resolved to each day for the period from April 24, 2004 through

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April 10, 2011.

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5.

Attached hereto as Exhibit 4 is a true and correct copy of a record titled “Hosting

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History for Petronastowers.net.” At my direction, this record was retrieved from the website

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www.domaintools.com on October 27, 2011. This record is publicly available on the

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www.domaintools.com website. This record sets forth the IP Addresses for the website that the

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domain <petronastowers.net> resolved to each day for the period from May 3, 2004 through April

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10, 2011.

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6.

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Attached hereto as Exhibit 5 is a spreadsheet that was compiled at my direction

based on the website IP addresses set forth in the records described in paragraphs 2-5 above. This
J. SLAFSKY DECLARATION ISO GO DADDY’S
MOTION FOR SUMMARY JUDGMENT
Case No. 4:09-cv-05939-PJH

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spreadsheet sets forth the IP Addresses for the websites that the following domains resolved to

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each day for the period from May 3, 2004 through November 11, 2006: <amateurchat.net>,

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<camfunchat.com>, <petronastower.net>, and <petronastowers.net>. This spreadsheet shows that

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there are 574 days between May 3, 2004 and November 11, 2006 when at least one of

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<petronastower.net> and/or <petronastowers.net> resolved to the same website IP Address as

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either <amateurchat.net> and/or <camfunchat.com>. In addition, it shows that by May 8, 2004,

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both <petronastower.net> and <petronastowers.net> had resolved to the same website IP Address

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as <amateurchat.net>.

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7.

Attached hereto as Exhibit 6 is a timeline that was drafted at my direction that

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summarizes key dates related to the disputed domain names <petronastower.net> and

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<petronastowers.net>.

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8.

Attached hereto as Exhibit 7 is a true and correct copy of the Certificate of

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Registration for U.S. Trademark Registration No. 2969707, which is owned by Petroliam Nasional

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Berhad (“Petronas”).

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Attached hereto as Exhibit 8 is a chart that was drafted at my direction that

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summarizes the scope of Petronas’s U.S. Trademark Registration No. 2969707 and that highlights

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the extent to which the U.S. Registration exceeds the scope of Petronas’s Malaysian Trademark

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Registrations 93007563, 93007564, and 93007565.

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Attached hereto as Exhibit 9 is a true and correct copy of cited portions from the

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transcript of the September 15, 2011 deposition of Petronas’s Rule 30(b)(6) witness, Yeoh Suat

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Gaik. Ms. Gaik is senior litigation counsel for intellectual property at Petronas.

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Attached hereto as Exhibit 10 is a true and correct copy of cited portions from the

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transcript of the October 12, 2011 deposition of Jessica Hanyen, a supervisor in the Domain

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Services department at Go Daddy.

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Attached hereto as Exhibit 11 is a true and correct copy of cited portions from the

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transcript of the October 20, 2011 deposition of Go Daddy’s Rule 30(b)(6) witness, Jessica

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Hanyen.

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J. SLAFSKY DECLARATION ISO GO DADDY’S
MOTION FOR SUMMARY JUDGMENT
Case No. 4:09-cv-05939-PJH

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Attached hereto as Exhibit 12 is a true and correct copy of cited portions from the

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transcript of the October 13, 2011 deposition of Matthew Bilunes, a supervisor in the Domain

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Services department at Go Daddy.

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Attached hereto as Exhibit 13 is a true and correct copy of cited portions from the

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transcript of the October 20, 2011 deposition of Camille Ede, Director of Domain Services at Go

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Daddy.

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Attached hereto as Exhibit 14 is a true and correct copy of cited portions from the

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transcript of the October 13, 2011 deposition of Go Daddy’s Rule 30(b)(6) witness, Ronald Hertz.

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Mr. Hertz is Vice President and Corporate Controller at Go Daddy.

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Attached hereto as Exhibit 15 is a true and correct copy of cited portions from the

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transcript of the October 12, 2011 deposition of Rod Simonini, a representative in the Domain

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Services department at Go Daddy.

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I declare under penalty of perjury that the foregoing is true and correct. Executed at Palo
Alto, California, on November 2, 2011.

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/s/ John L. Slafsky
John L. Slafsky

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J. SLAFSKY DECLARATION ISO GO DADDY’S
MOTION FOR SUMMARY JUDGMENT
Case No. 4:09-cv-05939-PJH

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