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)

EXHIBIT 12

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
PETROLIAM NASIONAL BERHAD
(PETRONAS),
Plaintiff,

CASE NO. 09-CV-5939PJH

VS.

GODADDY.COM, INC.,
Defendant.

::: CONFIDENTIAL :::

30(b)(6) DEPOSITION OF MATTHEW BILUNES

DATE:

Thursday, October 13, 2011

TIME:

2:05 p.m.

LOCATION:

BALLARD SPAHR, LLP
1 East Washington Street, Suite 2300
Phoenix, Arizona 85004

REPORTED BY: JANICE HARRINGTON, RPR, CRR, CLR
AZ Certified Court Reporter No. 50844
Registered Professional Reporter
Certified Realtime Reporter
Certified LiveNote Reporter
MBreporting
111 Deerwood Road, Suite 200
San Ramon, California 94583

10/13/2011
Matthew Bilunes

Berhad/Petronas v. GoDaddy

Q.

1

2

Okay. And so what is the trademark

policy with regards to the domain names themselves?
A.

3

The policy there, the UDRP as it is

4

called is that if someone disputes someone's

5

registration of a domain name, you know, we cannot

6

take action on the domain name until we have been

7

ordered by ICANN approved arbitration forum or a

8

court in a competent jurisdiction, if we are

9

contacted.
And we will maintain the status quo as is

1
0
11

part of the policy which would mean locking the

12

domain name, preventing any further modifications to

13

it, not disabling the site, but preventing further

14

changes to registration, changes to the name servers

15

or where other hosting is pointing to.
And then in the future when we are

16
17

provided a filed court order or a decision from one

18

of these arbitration forums, we'll follow it

19

accordingly as the policy describes how to implement.
Q.

20

Okay. Do you know what policy was

21

applied to the trademark claim submitted by Petronas

22

in December 2009 to Go Daddy regarding the domain

23

name petronastower.net?

24

A.

I do not.

25

Q.

Okay. Do you know what policy was

MBreporting

CONFIDENTIAL :::

Page: 9

10/13/2011
Matthew Bilunes

Berhaci/Petronas v. GoDaddy

A.

1

2

Q.

its

a different domain name than

this one?

3

In that

4

Oh, no, this domain name,

petronastower.net.

5

A.

Towers.net. Okay.

6

Q.

No, petronastower.net

7

A.

Tower.net. Not that I recall with regard

8

to a trademark claim.

9
10

Q.

Were you involved at all with respect to

petronastower.net?

A.

11

Yes, we did receive -- to have

12

correspondence at one point regarding the domain

13

name.

14
15

Q.

And did you personally have

correspondence with someone?

16

A.

Yes, I did.

17

Q.

And who was that with? Do you recall who

18

you had correspondence with regarding the domain name

19

petronastower.net?

20

A.

I believe it was probably you.

21

Q.

And do you recall approximately when this

A.

Not -- approximately, yes. I can -- I

22

was?

23
24

was aware that it was likely late 2009.

25
MBreporting

Q.

Other than the correspondence in late
::: CONFIDENTIAL :::

Page: 12

10/13/2011
Matthew Bilunes

Berhad/Petronas v. GoDaddy

2009, were you involved in any other way with the
2

petronastower.net domain name?
A.

3

Yes. I was first aware of this -- our

4

legal department asked me to take an action on the

5

domain to lock the domain name because they were

6

aware of pending proceedings so they asked me to make

7

sure that was taken care of.

8
9

Q.

Okay. Any other involvement with the

petronastower.net domain name?

10

A.

No.

11

Q.

Referring back to Exhibit 23, have you

12

ever seen Exhibit 23 before today?
A.

13

No.
MS. KLAUSNER: Can I just make an

14
15

objection just to clarify. Do you mean just this

16

standalone document as opposed to maybe as part of

17

some other e-mail chain?

18

BY MR. CLARK:

19

Q.

MS. KLAUSNER:

20
21

Q.

Have you ever seen what's reproduced here

as Exhibit 23 before today?
A.

24
25

Any part of it?

BY MR. CLARK:

22
23

At all.

Just to qualify that, I've never seen

this particular e-mail. I have seen one of these

MBreporting

::: CONFIDENTIAL :::

Page: 13

10/13/2011
Matthew Bilunes

Berhad/Petronas v. GoDaddy

Q.

1

Were you involved at all in Go Daddy's

2

handling of Petronas' trademark claim related to

3

petronastowers.net?

4

A.

No.

5

Q.

And do you know how Petronas' trademark

6

claim for petronastower.net was handled by Go Daddy?

7

A.

No.

8

Q.

Why don't you go ahead and take a look at

9

Exhibit 6. And before we get into that -A.

10
11

just trying to keep everything organized.
MS. KLAUSNER: Can we go off the record

12
13

Go ahead. I'm sorry, I'm listening. I'm

for a second?

14

MR. CLARK: Yeah, of course.

15

(Discussion off the record.)

16

BY MR. CLARK:

17

Q.

So just before we move on, I just wanted

18

to circle back and ask, do you know -- are you

19

familiar with Go Daddy's policy for handling domain

20

disputes or domain name disputes?

21

A.

Yes.

22

Q.

Okay. And what is Go Daddy's policy for

23

handling domain name disputes?

24
25

A.

Go Daddy will follow Uniform Domain Name

Dispute Resolution Policy. I will call it the UDRP

MBreporting

::: CONFIDENTIAL :::

Page: 15

10/13/2011
Matthew Bilunes

Berhad/Petronas v. GoDaddy

going forward. We follow that where we won't make a
2

decision on registration as far as deciding who

3

should own it. We'll let that be handled by court or

4

ICANN approved forum. And follow, you know, move the

5

domain name where ordered. And in the meantime, lock

6

it, maintain the status quo of the domain name during

7

the proceedings.

8

Q.

9

10

Okay. And do you know approximately how

many domain name disputes Go Daddy handles every
year?
A.

11

I do keep pretty good numbers myself, but

12

I still have to be pretty approximate saying a couple

13

thousand with trademarked domain name disputes which

14

is what goes through

ICANN.

15

Q.

Okay.

16

A.

Not ICANN, ICANN

17

Q.

All right. And how would you classify

approved forums.

18

the petronastower.net and petronastowers.net matters

19

raised by Petronas? Were those trademark disputes or

20

domain name disputes?

21

A.

I would say neither.

22

Q.

Okay. So returning now to the -- so let

23

me ask you again, or maybe I haven't asked you this

24

yet, but when you say "domain name dispute," what

25

exactly do you mean?

MBreporting

::: CONFIDENTIAL :::

Page: 16

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