Petroliam Nasional Berhad v. GoDaddy.com, 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 byGoDaddy.com, 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)

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 petronastowers.net, Go

4

Daddy wouldn't have considered the domain name

5

petronastower.net 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 petronastower.net 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

petronastower.net 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"<[e-mail]>
Date:Wed,July07, 20102:38 pm
>
To: <tradema [e-mail]
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"petronastowers.net":
Registrant:
Heiko
Schoenekess
BPM195226
372 OldStreet
gAU
London,
London
EC1V
United
Kingdom
Registered
through:
GoDaddv.com, (http:l/www.eodaddy.com)
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 [e-mail]
Heiko
BPML95226
372OldStreet
gAU
London,
London
EC1V
United
Kingdom
+44.2A7
6636506 -- +44.2O7
Fax
6636606
Technical
Contact:
Schoenekess, cc [e-mail]
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 "petronastowers.net"
of
I
infringes rights
the
of
Petronas the useof the markin "petronastowers.net" 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
GoDaddy.com, ('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 [e-mail]
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
[e-mail].
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
Notification.you havereceived notice copyright trademark
lf
a
of
or
infringement,
you may provide Counter Notification [e-mail]
by
or
[e-mail]
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
@
GoDaddy.com, 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
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leBizalerts ruewsnetp
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Trademarks Trademark
(TESS)
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SearchSysitem
IESS was/asfupdated WedJul 7 03:54:50
on
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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

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I
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APP199
http://tess2.uspto.gov/bin/showfield?Fdoc&state=4010:91c6p3.2.2

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 [e-mail]
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, GoDaddy.com, Inc.
requeststhat the Complaining Party substantiate
such claim by providing GoDaddy.com, Inc. with the
following information via email to [e-mail].
The words "Trademark Claims"
should appeaxin the subject line. The Complaining Party should understandthat GoDaddy.com, 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 GoDaddy.com, 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 @perryclarklaw.com
Phone Number:
650 248 5817
E-mail:

Trademark Regiskation#.
Additional

2969707

Info rm ation :

Pleaseimmediately disable the domain name "petronastowers.net,"
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.: [phone]
To be consideredeffective, a notification of a claimed hademark violation must be provided via email to
GoDaddy.com, Inc. and must include the following information:
1. Sufficient evidence that the party posting the trademark that is claimed to be infringing is a
GoDaddy.com, 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, GoDaddy.com,
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 GoDaddy.com,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
GoDaddy.com,
lnc. accountand/or if it is solely storedon a GoDaddy.com,[nc. seryer,deny access the challengedmaterial.If
to
GoDaddy.com,Inc. concludes
that the ComplainingPafty has not raiseda legitimateclaim or if it is not clear
whetherthe Complaining Party hasraiseda legitimateclaim, GoDaddy.com,Inc. will restoreaccess the
to
challengedmaterial.
Notificafion to GoDaddy.com,Inc. customers
and accountholders:It is GoDaddy.com,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
https://supportcenter.godaddy.com/DomainServices/PrintableTMtrorm.aspx?id=chldpjchyid...
71712010

CONFIDENTIAL

GD-001340

Printable
Trademark
ClaimsRequest Form
Fax

Page2 of 2

APP201
hups://supportcenter.godaddy.com/DomainServices/PrintableTMForm.aspx?id=chldpjchyid.
.. 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 petronastower.net
claim# 415576.
Thanks,
Rod
Message
Original
Subject:RE:TRADEMARK
Notification Trademark
CLAIMS:
Infringement
of
by Domain
Name"petronastower.net"
From <[e-mail]>
:
Date:Wed,December
t6,2009 L0:21am
To: "Perry
Clark"<[e-mail]>
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"petronastower.net"
From:"Perry
Clark"<[e-mail]>
Date:Wed,December
16,200910:09am
To: Tradema
[e-mail]
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"petronastower.net":
with
to
Heiko
Schoenekess
BPM 195226
372 Old Street
London,
London
EClV 9AU
United
Kingdom
Registered
through:
GoDaddv.com,
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 "petronastower.net."
APP203

CONFIDENTIAL

GD-001313

Underpenalty perjury, certifir goodfaiththatthe "petronastower.net"
of
I
in
infringes trademark
the
"Petronas,"
whichis ownedby Petronas the use of the markin "petronastower.net"
and
is not
defensible.
BestRegards,
PerryGlark
KIRKLAND ELLISLLP
&
950PageMillRoad
PaloAlto,CA 94303
Office:
650 859 7070
Mobile: [phone]
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 postmasterGkirkland.com,
and
destroy
this
communication
and al-l copies thereof,
including
al-l at.tachments.

***********************************************************

APP204

CONFIDENTIAL

GD-001314