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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