Petroliam Nasional Berhad v., Inc.

Filing 124

Declaration of Nima Kelly in Support of 119 Administrative Motion to File Under Seal Motion for Partial Summary Judgment and Appendix in Support filed, Inc.. (Attachments: # 1 Declaration Greg Schwimer ISO Plaintiff's Administrative Motion to Seal, # 2 Proposed Order, # 3 Exhibit A Part 1 to Proposed Order, # 4 Exhibit A Part 2 to Proposed Order, # 5 Exhibit A Part 3 to Proposed Order, # 6 Exhibit A Part 4 to Proposed Order, # 7 Exhibit A Part 5 to Proposed Order, # 8 Exhibit A Part 6 to Proposed Order, # 9 Exhibit A Part 7 to Proposed Order)(Related document(s) 119 ) (Slafsky, John) (Filed on 11/9/2011)

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Page 18 1 2 Daddy, what does Go Daddy do? A. Well, the not hosted template sent out to 3 the complainant, that contains advice that if they 4 wish to address the website content, that they need 5 to address it to the hosting provider. 6 advises them that if this is a domain name specific 7 issue, that they would need to refer to the Uniform 8 Domain Name Dispute Resolution Policy. 9 Q. Okay. And it also Now, if Go Daddy determines that a 10 website is not hosted, will Go Daddy go through the 11 process in Section 1.2 of this policy of determining 12 if the trademark is registered? 13 A. No. 14 Q. Okay. And Go Daddy also if it determines 15 that a website is not hosted at Go Daddy, it will not 16 go through the process 1.3 of determining if the 17 claim infringement is identifiable? 18 A. Correct, yes. 19 Q. And it also won't go through the process 20 in 1.4 of determining if the claim is complete? 21 A. Yes. 22 Q. Okay. 23 And then it won't go through step 1.5 of opening a valid trademark claim? 24 A. Correct. 25 Q. Okay. So with respect to complaints APP178 Page 19 1 regarding websites that Go Daddy determines are not 2 hosted by Go Daddy, Go Daddy doesn't investigate 3 whether or not there is identifiable trademark 4 infringement; is that correct? 5 6 MR. LANSKY: Object to the form. Asked and answered. 7 THE WITNESS: Since it's not actionable, 8 we don't make a determination. 9 BY MR. CLARK: 10 Q. Okay. So if a website is not hosted at 11 Go Daddy, there very well may be trademark 12 infringement; is that correct? 13 MR. LANSKY: 14 THE WITNESS: Object to the form. There could be something 15 that would be identified by the hosting company as 16 trademark infringement, but we don't make a 17 determination as to whether or not that it exists. 18 We simply give them the proper channels to pursue the 19 issue. 20 BY MR. CLARK: 21 Q. Okay. And do you know why Go Daddy will 22 not -- Go Daddy doesn't carry out any of these steps 23 regarding trademark infringement if the website is 24 not hosted by Go Daddy? 25 MR. LANSKY: Object to the form. APP179 Page 28 1 A. Yes. 2 Q. So Go Daddy wouldn't have -- in 3 evaluating the complaint for, Go 4 Daddy wouldn't have considered the domain name 5 had been ordered transferred by a 6 court? 7 A. No, because it would have been the same 8 thing where we would have followed our standard 9 operating procedure. 10 Q. And it wouldn't have mattered that the 11 domain name was transferred by a 12 court because the court found trademark infringement? 13 A. 14 15 16 No. MR. LANSKY: Object to the form. BY MR. CLARK: Q. And it wouldn't matter that the 17 domain name listed the same 18 registrant? 19 MR. LANSKY: 20 THE WITNESS: 21 22 23 Object to the form. No. BY MR. CLARK: Q. And that it was forwarding to the same website? 24 MR. LANSKY: 25 THE WITNESS: Object to the form. No. APP180 Page 51 1 pretty steady. 2 Q. Okay. And do you have any idea how many 3 trademark infringement claims Go Daddy receives each 4 year? 5 A. I don't know a specific number, but it is 6 in the thousands. 7 Q. And of those claims -- I'm sorry if you 8 already told me this, but what's your estimate of how 9 many of those relate to hosted accounts? 10 A. Actionable claims are in the hundreds. 11 Q. Okay. And of the actionable claims, give 12 a sense of what percentage of those actually result 13 in a hosting account being cancelled or suspended? 14 A. It would be suspended and any actionable 15 claim that we get a valid complete complaint for 16 we're going to take action on. 17 majority. 18 number. 19 Q. So a majority, vast I couldn't really give you a specific And when you have the -- when there is a 20 valid trademark claim for a hosted website, the Go 21 Daddy customer has the opportunity to provide a 22 counter-notification; is that correct? 23 A. Yes. 24 Q. And can you describe what a 25 counter-notification is? APP181 Page 52 1 A. Yes. Counter-notification is actually on 2 Exhibit 16. 3 they have to provide 1A through 1D. 4 1A through 1D, then in 10 business days if we don't 5 receive anything from the complainant to prevent us 6 from reinstating the site or removing the suspension, 7 then the suspension is removed. 8 Q. And basically what they have to do is Okay. If they provide And do you have a sense of in what 9 percentage of the cases where an account is suspended 10 the suspension is removed after counter-notification? 11 A. It's extremely low. 12 Q. In implementing this trademark policy for 13 hosted content, does it require that Go Daddy 14 actually determine whether or not a particular hosted 15 website is infringing a trademark? 16 A. Can you clarify that a little? 17 Q. In other words, is what Go Daddy's doing 18 under this trademark policy, is it actually looking 19 at complaints and determining whether or not there 20 actually is infringement or something else? 21 MR. LANSKY: Object to the form. 22 THE WITNESS: We're determining whether 23 or not we've got all the elements that we need in 24 order to take action. 25 actually view the trademark. We're determining that we can We're determining that APP182 From: Sent: To: Subject: Attach: tradem arkclaims@godaddy .com 9:17AM Wednesday, 14,2010 July ndi com domai sputes@godaddy. Claims] [FWD: Trademark 2UA-7-7 PTO RegPETRONAS.pdf; 2009-12-9 DaddyTrademark policy.pdf; Infr Go 2010-7-7Signed Request Trademark for Claims.pdf DearDisputes, This is the emailwe received PETRONASTOWERS.NET # 47A158. for claim Thanks, Rod Message Original Subject: Trademark Claims From:"perryclark"<> Date:Wed,July07, 20102:38 pm > To: <tradema rkcla Pursuant Section of the "GoDaddy to A(2) Trademark and/orCopyright Infringement (attached), emailserves notification a claim trademark Policy" this as of for infringement. Attached thisemailplease the "Request Trademark to find for required Section of the Claims" by A(1) "GoDaddy Trademark and/orCopyright Infringement Policy. TheTrademark Tracking is 470158. lD" Thefollowing information provided the orderit is listed Section of the "GoDaddy is in in A(2) Trademark and/orCopyright Infringement Policy": Evidence the infringer the trademark a Go Daddy that of is customer that WHOIS the following is lists information with respect the domain to name"": Registrant: Heiko Schoenekess BPM195226 372 OldStreet gAU London, London EC1V United Kingdom Registered through:, (http:l/ Inc. Domai Name: n PETRONASTOWERS. NET Created 08-May-03 on: Expires 08-May-11 on: APP191 CONFIDENTIAL GD-001331 Last Updated 23-Mar-10 on: Administrative Contact: Schoenekess, cc Heiko BPML95226 372OldStreet gAU London, London EC1V United Kingdom +44.2A7 6636506 -- +44.2O7 Fax 6636606 Technical Contact: Schoenekess, cc Heiko BPML95226 372 Ald Street gAU London, London EC1V United Kingdom +44.2O7 6635606 -- +44.2O7 Fax 6636606 Domain servers listed in order: N539. DOMAI NCONTRO L.COM NS4O. DOMAI NCONTRO L.COM Registry Status: clientDeleteProhibited Registry StatusclientRen : ewProhi bited Registry StatusclientTra : nsferProhi bited pdateProhibited Registry Status: clientU Theinfringed trademark U.S. is Trademark Registration Number 2969707 "PETRONAS." attached See U.S. Patent Trademark and Office Record. Themarkapplies at least, United in, the States. Themarkis alsoregistered othercountries. in Theownerof the markis Petroliam Nasional Berhad, Petronas Towerl- Kuala TwinTowers, Lumpur CityCentre 50088 Kuala Lumpur MALAYSIA. Thegoods services and covered the markare:Chemicals petrochemicals usein the by and for APP192 CONFIDENTIAL GD-001332 manufacture pharmaceuticals, packaging, andcable of cosmetics, detergents, wire installation, pipes, cassette tapes, paints toys,films, floorings, synthetic rubber, andcoatings, adhesives, fuel additives lubricants, parts, and textiles, agriculture, electrical electronic and components, automotive aerospace aviation, plastics, and building construction and materials, foods, anddiagnostic equipment; chemical petrochemicalthe nature methanol, and in of ethylene, methyl tertiary butyl polyvinyl polyethylene, ether(MTBE), chloride polypropylene, propylene, vinyl monomer, chloride, ethylbenzene, styrene and monomer for usein industrial, all forestry, agricultural, horticultural, and photographic scientific applications; chemicals; artificial syntlretic and resins usein the for polymers coatings, molding manufacture fibers, plastic of and and compounds; molding compounds plastic plastic for usein extrusion operations molding compounds usethe manufacture molded for of plastic articles plastic and sheets films; and composts; manures; fertilizers agricultural for and purposes, domestic gluefor industrial use; adhesives forgeneral industrial contact use, cements; gases heating, generating, for lighting, steam cooking, refrigeraticln, andventilating drying for gaseous industrial in liquidand use forms; dispersants; oil chemicals separating hydraulic oils; for fluids general chemical gasoline for use; additives usein the manufacture fuels, for of lubricants, and drilling lubricants; drilling muds usein oil welldrilling, for coolants forvehicle engines, transfer heat fluids industrial hydraulic for use, fluids general acidulated for use, waterfor recharging accumulators andbatteries; chemical additives usewith internal for combustion engines. chemical additives fuel for saving treatments, catalysts usein the oil processing for oil industry, for preservation masonry, of transmission gasoline, oil and fluids, cutting for industrial oil metalworking, Crude natural oil, fuel general purpose greases, purpose gasoline; gas; all lubricants; fuel fueloils;fuelalcohol; diesel fuel; gas; gasoline lubricant; as petroleum; petroleum kerosene, unleaded fuel;oil gas;paraffln; ether, gaseous solid fuelsin liquid, and form,dustlying andabsorbing compositions useon unpaved for jelly roads; petroleum for industrial purposes, non-chemical additives oilsandfuels; for tallow, petrochemicals usein fuel,petroleum automatic transmission fluids; methanol for based dust suppressing gas compositions usein manufacture, conditioners, for air waterdistillation units, flares, purposes; regulators, exchangers, pumps, gas andpetrolburners industrial pasteurizers for heat heat for usein foodandbeverage industry; electric radiators for motors engines, or not solar collectors for heating solar furnaces, waterfilters. Themarkhasbeenused interstate in commerce since least at 2001. It is unclear whatgoods services being or are offered the under markthat is infringed. Theprecise location the infringing of markis "petronastowers.nel|." Underpenalty perjury, certifyin goodfaiththat "" of I infringes rights the of Petronas the useof the markin "" defensible, and is not Best, Perry Clark LawOffices Perry Clark of R. 3457Cowper St. Palo Alto,CA94306 Tel.: 650?[8 5817 APP193 CONFIDENTIAL GD-001333 LegalAgreement PageI of 4 Pnrrur Close WruDow GODADDY TRADEMARK AND/OR INFRINGEMENT COPYRIGhIT POUCY RESPECTINGINTELLECTUALPROPERW, ('Go Daddy") Inc. property. supports protection intellectual the of Whether you are the holderof a trademark, service mark,or copyright, Daddyis committed Go to you protect your legalrights. policies helping Therefore, haveestablished following we the for considering trademark and/or copyright infringennent claims. DomainNameDisputeGlaims Pleasereferto the Uniform DomainName Dispute Resolution Policy(the "UDRP") you if havea concern dispute or concerning domainname.The UDRPcoversdomainnames a disputes; policy this specifically excludes domain namedisputes. Go DaddyAuctions DisputeGlaims 1. To notifi7 Daddy Go thattherehasbeena trademark violation regarding domain a offered pleasefollowthe specific for sale on Go DaddyAuctions, (A) instructions belowfor filinga trademark claim. 2. lf you are responding a complaint infringement to regarding domain of a offered sale for on Go DaddyAuctions, followour Counter Notification Policyin (C) below. Gopyright and Trademark Glaims 1. To notifit Daddythattherehas beena copyright trademark please Go or violation, follow the specific instructions (A)for filing trademark in a claim, (B)filinga copyright or complaint. you 2. lf you are responding a complaint infringement, will needto followour Counter to of policyin (C). Notification A. Trademark Glaims 1. lf you (the"Complaining Party") wouldliketo submita trademark claimfor violation a of markon whichthe Complaining Pafi holdsa valid,registered trademark service or mark, Go Daddyrequests that the Complaining Partysubstantiate such claimby providing Go Daddywith the following information here.A valid,registered markis a registration the with United States Patent and TrademarkOffice or, for foreign marks, registration with the property appropriate intellectual organization your country. of Stateregistrations not be will considered validregistrations. The Complaining Partyshouldunderstand Go Daddy,an ICANNaccredited that registrar, and its customers boundby the UDRP.Nothing this Policyshouldbe construed are in to supersede UDRP,northe obligation Go Daddyand its customers abideby it in the the of to context domain of namedisputes. you nnust 2. In addition the Preparation to Formabove, submitan effective notification. be To considered effective, notification a claimedtrademark a of violationmust be provided via emailto andmustinclude following the information: . Sufficient evidence that the party postingthe trademark that is claimedto be infringing a Go Daddy is customer. hup:i/www. godaddycom agreem ShowD aspx? . I pagei ents/ oc. APP194 d==tra ark copy dm 717120rc GD-001334 Legal Agreement Page2 of 4 The trademark, servicemark,trade dress, name, or other indiciaof origin ("mark") is claimed be infringed. that to Thejurisdiction geographical to whichthe markapplies. or area The name,postofficeaddress and telephone number the ownerof the mark of identified above. The goods and/or seruicescoveredby or offeredunder the mark identified above. a The dateof firstuse of the markidentified above. I The dateof firstuse in interstate commerce the markidentified of above. a The markthe Complaining Partybelieves an infringement its mark. is of a The goodsandl or services coveredby or offeredunderthe markclaimed be to infringing. . The preciselocation the infringing of mark,including electronic mail address etc. . A goodfaithceftification, signed underpenalty perjury, of stating: i. The mark[identify party, mark]infringes rightsof another the ii. The nameof suchsaidparty, iii. The mark[identify mark]being infringed, and iv. That useof the mark[identif,7 mark]claimed be infringing issue to at is not defensible. 3. Upon receiptof the appropriate information identified Section2 above,for trademark in claims, Daddy initiate investigation. Go will an WhileGo Daddy investigating claim, is the Go Daddy,at its sole discretion and withoutany legalobligation do so, may temporarily to remove the challengedmaterialfrom the Go Daddy Marketplace from Go Daddy or Auctions,notifitthe postingparty it will lock dovun the postingpafty'sdomain name(s), redirectthe posting party's DNS, and/or if it is solely stored on a Go Daddy server, temporarily remove denyaccess the challenged or to material. 4. lf Go Daddyconcludes that the Complaining Partyhas raiseda legitimate trademark claim,it may, at its sole discretion without and any legalobligation do so, permanently to remove the challengedmaterialfrom the Go Daddy Marketplace from Go Daddy or party's Daddyaccount Auctions, continue suspend posting to the Go and/orif it is solely stored on a Go Daddy server, deny access to the challengedmaterial.lf Go Daddy concludes the Complaining that Paily has not raiseda legitimate claimor if it is not clear whether Complaining the Partyhas raised legitimate a claim,Go Daddy will restore access to the challenged material. B. GopyrightGlaims 1. lf the Complaining Pafi wouldliketo submita copyright claimfor material whichyou on holda bonafide copyright, Daddyrequests the Complaining Go that Partysubstantiate such claim by providing Go Daddy with the following information via email to The words"Copyright Claim" shouldappear the subject in line.A copyright claimcan alsobe submitted mailto: Copyright by Agent,Go Daddy,14455 N. Hayden Road,Suite219,Scottsdale, 85260 AZ To be considered effective, notification a claimedcopyrightinfringement a of must be provided Go Daddy to and mustinclude following the information: APP195 hup://www, godaddy .comlagreements/ShowDoc. pagei aspx? d-tradmark_copy 71712010 GD-001335 LegalAgreement Page of4 3 i. An electronic signature the copyright of owner, a person or authorized act on to behalf the owner, an exclusive of of copyright hasallegedly that beeninfringed. ii. ldentification the copyrighted of work claimedto have been infringed, if or, multiplecopyrighted works at a singleonlinesite are coveredby a single notification, representatlve of suchworfi<s thatsite. a list on iii. ldentification the material is claimed be infringing to be the subject of that to or of infringing activityand that is to be renroved accessto which is to be or disabled, information and reasonably sufficient permit Daddy locate to Go to the material. iv. Information reasonably sufficient permit Daddy contact Complaining to Go to the Party,such as an address, telephone number, and, if available, electronic an mailaddress whichthe Complaining at Parlr maybe contacted. v. A statement the Complaining that Partyhas a goodfaithbeliefthat use of the material the manner in complained is not authorized the copyright of by owner, its agent, the law. or vi. A statement that the information the notification accurate, in is and under penalty perjury, of that the Complaining Partyis the owner,or is authorized to act on behalf the owner, an exclusive thatis allegedly of of right infringed. 2. For Copyright Claims, uponreceipt appropriate of notification fromthe Complaining Party, pursuant Section of Copyright to 1 Claims above, Daddy remove disable Go will or access to the material is claimed be infringing. that to pursuant 3. lf the Complaining Pafi provides Daddywith appropriate Go notification, to Section1 of Copyright Claimsabove,including information reasonably sufficient permit to Go Daddyto locate and remove disable material question, includes or the in or information concerning repeatinfringement, Go Daddywfrll then the fonruard Complaining Party's written notification such allegedlnfringer to and shalltake reasonable steps promptly notifi7 to the lnfringer it hasremoved disabled that or access the material. to G. CounterNotification Policy 1. Counter havereceived notice copyright trademark lf a of or infringement, you may provide Counter Notification by or andincluding following: the i. An electronic signature the Infringer. of ii. ldentification the material of that has been removedor to which accesshas been disabledand the locationat which the material appearedbeforeit was removed access it was disabled. or to iii. A statement underpenalty perjury of that the Infringer a good faithbelief has that the material was removed or diserbled as a result of mistake or misidentification materialto removed disabled. of the be or iv. The Infringer's name,address, telephone and number, a statementthatthe and Infringer consents the jurisdiction the lrederal to of District Courtfor the judicial district Arizona, if the lnfringer's of or address outsideof the UnitedStates, is for anyjudicial district whichGo Daddymay be found,andthatthe Infringer in will accept seruice process of fromthe Complaining PaU or an agentof suchParty. 2. Uponreceipt a Counter of Notification described Section above,Go Daddyshall as 1 in promptly provide Complaining the Partywith a copyof the Counter Notification, inform and suchPartythatit will replace removed the or disabling access it in ten (10) material cease to business days.Go Daddy replace removed will the material ceasedisabling and to access it APP196 http://www.godaddycom agreem s/ShowDoc.aspx? agei p . I ent d-tra dmark_c opy 717l20r0 GD-001336 LegalAgreement Page4 of 4 in not lessthanten (10),nor morethanfourteen ('|4),business daysfollowing receipt the of CounterNotification, unlessGo Daddyfirst receives noticefrom the Complaining Pafi that such Complaining Pafi has filed an actionseekinga courtorderto restrain Infringer the fromengaging infringing in activity relating the material Go Daddy's to on systemor network. D. RepeatInfringers It is Go Daddy'spolicyto providefor the termination, appropriate in circumstances, Go of Daddy customersand accountholderswho repeatedly violate this policy or are repeat property. infringers copyrighted of works,trademarks any otherintellectual or Revised: 121112009 Copyright 2003-2009 @, All Rights Inc. Reservecl. APP197 hup://www. godaddy .comlagreements/ShowDoc. pagei aspx? d-tradmark_copy 71712010 GD-001337 Trademark ElectronicSearch (TESS) System Page1 of 2 United States Patent and Trademark Office Homesite tnoexI SearchreQlclossary I I lcuiaes Contacts I leBusiness leBizalerts ruewsnetp | I > Trademarks Trademark (TESS) Electronic SearchSysitem IESS was/asfupdated WedJul 7 03:54:50 on EDT2010 ffiffiffiffiffiffiffiffiffiffi ffiffiffiffiffi lffi;i Please logout whenyouaredoneto release system resources allocated you. for oR [, ffiListAr: i i Browser to return to IESS) lto record: . Rec,ord out of 3 2 of f Use the"Back" hutton the Internet ***off Word Mark Goods and Services PETRONAS lC 001. US 001 005 006 010 026 046. G & S: Chemicals and petrochemicals use in the for manufacture pharmaceuticals, packaging, of cosmetics, detergents, wire and cable installation, cassettetapes, pipes,toys, films,floorings, syntheticrubber,paintsand coatings,adhesives, fuel additivesand lubricants, textiles,agriculture, electrical and electronic components, parts, automotive aerospaceand aviation,buildingand construction plastics, materials, foods, and diagnostic equipment; chemicaland petrochemical the natureof methanol,ethylene,methyltertiarybutyl ether (MTBE), in polyvinyl polyethylene, polypropylene, vinylchloride monomer, propylene, chloride, ethylbenzene, and styrenemonomerall for use in industrial, forestry,agricultural, horticultural, scientific and applications; photographic chemicals; artificial and syntheticresinsfor use in the manufacture fibers,polymers of plasticmolding and coatings, and moldingcompounds; compounds use in plasticextrusion for plasticmoldingcompounds use the manufacture moldedplasticarticlesand plastic operations for of sheetsand films;composts;manures;fertilizers agricultural for and domesticuse; glue for industrial purposes,adhesivesfor generalindustrial use, contactcements;gasesfor heating,lighting, steam generating, cooking, refrigeration, dryingand ventilating industrial in liquidand gaseous for use forms; oil dispersants; chemicals separating for oils;hydraulic fluidsfor generaluse;chemical additives for gasoline use in the manufacture fuels,lubricants, of and drilling lubricants; drilling mudsfor use in oil well drilling,coolantsfor vehicleengines,heat transferfluicls industrial for use, hydraulic fluidsfor generaluse, acidulated waterfor recharging accumulators batteries; and additives use chemical for with internalcombustion engines.chemicaladditives furel for savingtreatments, catalysts use in the for oil processingindustry,oil for preservation masonry of lC 004. US 001 006 015. G & S: Transmission fluids,cuttinrg for industrial oil Crudeoil, metalworking, naturalgasoline, gasoline; fuel oil and generalpurposegreases, purposelubricants; all fuel gas;fuel oils;fuel alcohol; dieselfuel;gas; gasoline lubricant; as kerosene, unleaded fuel;oil gas; paraffin; petroleum; petroleum gaseousand solidform,dust lyingand absorbing ether,fuelsin liquid, APP198 govib r/showfield? doc&state-4 1A:9jc6p3 .2 http://tes .uspto. i s2 F 0 .2 71712010 GD-001338 ' Trademark ElectronicSearch (TESS) System Page2 of 2 jelly compositions useon unpaved for petroleum for roads; non-chemical additives oilsandfuels; for purposes, petrochemicals usein fuel, industrial tallow, automatic transmission fluids; rnethanol for petroleum based dustsuppressing compositions usein manufacture for lC 011. US 013021023031034.G & S:Air conditioners, distillafion flares, andpetrol gas water units, purposes; regulators, exchangers, pumps, gas burners industrial pasteurizers usein for heat heat for foodandbeverage industry; electric radiators for motors engines, not or solarcollectors heating for solarfilrnaces, waterfilters Mark Drawing Code Design Search Code Garial (3)DESIGN PLUS WORDS, LETTERS, AND/OR NUMBEIRS (a 01.15.08Raindrop single (a drop); Single drop(rain, tear,etc.); Teardrop single drop) 26.03.17 Concentric ovals; Concentric ovalsandovals ovals; within Ovals within ovals; Ovals, concentric 26.03.21 Ovals thatarecompletely partially or shaded 26.03.28Miscellaneous designs overall shape, with oval frncluding amoeba-like shapes irregular and (miscellaneous ovals; Ovalshape overall shape) ffi'#;". 78100185 Filing Date December 28,2001 44E 9.Ylt=t rilrng E asts !.1!oinal Filing Basis Published for Opposition Registration Number Registration Date Owner of IttomeY Record Description of Mark ]-vReot Mark Register Live/Dead lndicator 1B:44E I H'' August 24,2004 ZSO'TOT 'vv Juru1g, zoos (REGISTRANT) PetroliamNasionalBerhadCORPORATION MALAYSIAPetronasTwin Towers, Tower 1 Kuala LumpurCity Centre50088 Kuala LumpurMALAYSIA BrianE. Banner The mark consistsof The designportionof the markto the right of the word "PETRONAS" the is fanciful representation a drop of oil inthe colorgreenand greenis claimedas a partof the mark. of TRADEMARK I I \r PRINCIPAL LIVE ffiffiffiffiffiffiffi,ffiffiffiffi ffiffiffi] ffiffi SEARGH eBUSINESSHELPI PRIVAGYPoLIcY l.HoME I SITEINDEXI I I APP199 7nA0n GD-001339 Printable Trademark ClaimsRequest Form Fax Page1 of 2 PRINT REQUESTFOR TRADEMARK CLAIMS Trademark TrackingID: 470158 Add your identification and E-mail this form to or FAX form to Trademark Department at 48A-247-4137 The trademark department cannot process your request without the 'Trademark Claims Tracking ID' listed at the top. If you (the "Complaining Party") would like to submit a trademarkclaim for violation of a mark on which the Complaining Party holds a valid, registeredtrademarkor seryice mark,, Inc. requeststhat the Complaining Party substantiate such claim by providing, Inc. with the following information via email to The words "Trademark Claims" should appeaxin the subject line. The Complaining Party should understandthat, Inc., an ICANN accreditedregistrar,and its customersare bound by the UDRP. Nothing in this Policy should be oonstruedto supersede the UDRP, nor the obligation of, Inc, and its customersto abide by it in the context of domain name disputes. Domain Information: Domain Name: PETRONASTOWERS.NET Contact Information: Requestor First Name: Perry Requestor Last Name: Clark perry Phone Number: 650 248 5817 E-mail: Trademark Regiskation#. Additional 2969707 Info rm ation : Pleaseimmediately disable the domain name "," whioh infringes the trademark rights of my client, Petronas. Please do not hesistateto contact me with any questions. Best, Perry Law Offices of Perry R. Clark 3457 Cowper St. Palo Alto, CA 94306 Tel.: 650 248 5817 To be consideredeffective, a notification of a claimed hademark violation must be provided via email to, Inc. and must include the following information: 1. Sufficient evidence that the party posting the trademark that is claimed to be infringing is a, Inc. customer. 2. The trademark, service marh trade dress,name, or other indicia of origin ("mark") that is claimed to be infringed, 3. The name, post office addressand telephonenumber of the orvner of the mark identified above. 4. The goods and/or servicescovered by or offered under the marh identified in B above. 5. The date of first use of the mark identified above. 6, The date of first use in interstate commerce of the mark identified above. 7 . The mark the Complaining Parly believesis an infringement of its mark. 8. The goods andl or servicescovered by or offered under the mark claimed to be infringing. 9. The precise location of the mark that is claimed to be infringing, including electronic mail address,etc. A good faith certification, signed under penalty of perjury stating: l. The mark [identi$ mark] infringes the rights of another party, 2. The name of such said party, 3. The mark [identifu mark] being infringed, and 4. That use of the mark [identifu mark] claimed to be infringing at issue is not defensible. Upon receipt of the appropriateinformation identified in Section 1 above,for trademarkclaims,, Inc. will initiate an investigation.While GoDaddy.corrg Inc. is investigatingtheclaim, GoDaddy,com,lnc., at its sole discretionand without any legal obligation to do so, may notify the postingparty it will lock down the postingparty's domain name(s),redirectthe postingparty's DNS, and/orif it is solely storedon a GoDaddy.conr, lnc. server,temporarily remove or deny access the challenged to material. If,lnc. concludesthat the ComplainingParty has raiseda legitimatetrademarkclaim, it may, at its sole discretionand without any legal obligationto do so, continueto suspend postingpa.rty's the, lnc. accountand/or if it is solely storedon a,[nc. seryer,deny access the challengedmaterial.If to,Inc. concludes that the ComplainingPafty has not raiseda legitimateclaim or if it is not clear whetherthe Complaining Party hasraiseda legitimateclaim,,Inc. will restoreaccess the to challengedmaterial. Notificafion to,Inc. customers and accountholders:It is,Inc. 's policy to provide for the terminatioq in appropriate circumstances, GoDaddy.corn, of Inc. customers and accguntholderswho are repeat infringers of copyrighted works, trademarks or any other intellectual property. Signed: Perry Clark l-r tJtE Date: Printed Name: APP200 71712010 CONFIDENTIAL GD-001340 Printable Trademark ClaimsRequest Form Fax Page2 of 2 APP201 hups:// .. 71712010 CONFIDENTIAL GD-001341 From: Sent: To: Subject: tradem arkclaims@godaddy. com Wednesday, 14,2010 9:14AM July domaindi sputes@godaddy. com [FWD: RE: TRADEMARK CLAIMS: Notification of TrademarkInfringementby DomainName "petronastower. net"] DearDisputes, Thisis the replywe sentfor claim# 415576. Thanks, Rod Message Original Subject:RE:TRADEMARK Notification Trademark CLAIMS: Infringement of by Domain Name"" From <> : Date:Wed,December t6,2009 L0:21am To: "Perry Clark"<> DearPerryClark, Althoughthe domainPETRONASTOWER.NET is registered throughour company, domainis the forwarding a websitethat is hosted to Any regarding contentof the websitewill elsewhere. issues the needto be addressed the ownerof the siteeitherdirectly,or to the hostingprovider. to We canonly process infringement claimsof trademark that against contentof websites we host. the ICANN, the managing prohibitsdomain body of internet,domainnameregistrars, specifically registrars from becoming involvedin disputes in overdomainownership their Uniform DomainName DisputeResolution Policy Any disputes overthe ownership wordingof the domainnameitself will or needto be senteitherto the owner,or throughan arbitrationforum, or the local court system. Please freeto contact if we canprovidefurtherassistance. feel us Regards, DomainServices Go Daddy Software,Inc. Message Original Subject: TRADEMARK Notification Trademark CLAIMS: Infringement of by Domain Name"" From:"Perry Clark"<> Date:Wed,December 16,200910:09am To: Tradema i Pursuant Section of the"GoDaddy to A(2) Trademark and/or Copyright lnfringement APP202 CONFIDENTIAL GD-001312 (attached), emailservesas notification a claimfor trademark Policy" this of infringement. Attached to thisemailplease the "Request Trademark find for Claims" required Section by A(1)of the agreement. The "Trademark TrackinglD" is 415576. Thefollowing information provided the orderit is listedin Section is in A(2) of the agreement: Evidence the infringer the trademark a Go Daddycustomer that WHOISliststhe following that of is is information respect the domainname"": with to Heiko Schoenekess BPM 195226 372 Old Street London, London EClV 9AU United Kingdom Registered through:, Inc. Domain Name: PETRONASTOWER.NET Created 08-May-03 on: Expires on:08-May-10 LastUpdated 02-May-09 on: The infringed trademark U.S.Trademark is Registration "PETRONAS." Number2969707 See attached U.S.Patent and Trademark OfficeRecord The markapplies at least, UnitedStates.The markis alsoregistered othercountries. in, the in Theowner the markis Petroliam of Nasional Berhad, Petronas TwinTowers, Tower1 KualaLumpur CityCentre 50088KualaLumpur MALAYSIA. Thegoodsandservices covered the markare:Chemicals petrochemicals use in the by and for manufacture pharmaceuticals, packaging, and cableinstallation, of cosmetics, detergents, wire cassette tapes,pipes, paintsand coatings, toys,films,floorings, synthetic rubber, adhesives, fuel additives lubricants, and parts, textiles, agriculture, electrical electronic and components, automotive aerospace aviation, and plastics, building construction and materials, foods, anddiagnostic equipment; chemical petrochemicalthe nature methanol, and in of ethylene, methyl tertiary butylether(MTBE), polyvinyl polyethylene, vinylchloride polypropylene, propylene, monomer, chloride, ethylbenzene, and styrene monomer for use in industrial, all forestry, agricultural, horticultural, scientific and applications; photographic chemicals; artificial synthetic and resins use in the manufacture fibers,polymers for of plastic andcoatings, molding and compounds; molding compounds usein plastic for extrusion plastic operations plastic molding compounds usethe manufacture molded for of articles and plastic sheets andfilms; composts; manures; fertilizers agricultural domestic for and use;gluefor industrial purposes, gasesfor heating, adhesives general for industrial contact use, cements; lighting, steam generating, cooking, refrigeration, drying andventilating industrial in liquid for use andgaseous forms; oildispersants; chemicals separating hydraulic for oils; fluids general for use;chemical additives for gasoline drilling usein the manufacture fuels,lubricants, of and lubricants; drilling mudsfor use in oil welldrilling, coolants vehicle for engines, heattransfer fluids industrial hydraulic for use, fluids for general use,acidulated waterfor recharging accumulators batteries; and chemical additives use for with internal combustion engines. chemical additives fuelsavingtreatments, for catalysts use in the for oil processing industry, for preservation masonry, oil of transmission fluids,cutting for industrial oil gasoline, oil andgeneral metalworking, purpose Crudeoil,natural greases, purpose fuel all lubricants; gasoline; gas;fueloils;fuelalcohol; fuel diesel fuel;gas;gasoline lubricant; as kerosene, unleaded petroleum; petroleum fuel;oilgas;paraffin; gaseous solidform,dustlyingand ether, fuelsin liquid, and absorbing compositions useon unpaved for roads; non-chemical additives oilsandfuels;petroleum for jellyfor industrial purposes, tallow, petrochemicals usein automatlc transmission methanol fluids; for fuel,petroleum baseddustsuppressing compositions use in manufacture, conditioners, for air water gas and petrolburners industrial distillation units,flares, gas purposes; regulators, for heatexchangers, pasteurizers use in foodand beverage heatpumps, for industry; electric radiators for motors not or engines, solarcollectors heating for solarfurnaces, waterfilters. The markhas beenusedin interstate commerce sinceat least2001. It is unclear whatgoodsor services beingofferedunderthe markthat is infringed. are The precise location the infringing of markis "" APP203 CONFIDENTIAL GD-001313 Underpenalty perjury, certifir goodfaiththatthe "" of I in infringes trademark the "Petronas," whichis ownedby Petronas the use of the markin "" and is not defensible. BestRegards, PerryGlark KIRKLAND ELLISLLP & 950PageMillRoad PaloAlto,CA 94303 Office: 650 859 7070 Mobile: 2485817 650 *********************************************************** The information contained in this communication is confidential, may be attorney-client privileged, may j-nformatj-on, constitute inside and is intended only for the use of the addressee. It is the property of Kirk]and & El-l-is LLP or Kirkl-and & Ellis Internati-onalLLp. Unauthorized use, di-sclosure or copying of this j-s strictly communicatj-on or any part thereof prohibited and may be unl-awful. If you have received this communlcation in error, please notify us immedlately by return e-mail- or by e-maj-l- to, and destroy this communication and al-l copies thereof, including al-l at.tachments. *********************************************************** APP204 CONFIDENTIAL GD-001314

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