Petroliam Nasional Berhad v. GoDaddy.com, Inc.

Filing 140

Declaration of Joseph G. Fiorino in Support of 112 Go Daddy's Motion for Summary Judgment filed by GoDaddy.com, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Slafsky, John) (Filed on 11/23/2011) Modified on 11/28/2011 (vlk, COURT STAFF).

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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]
Attorneys for Defendant/Counterclaimant,
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.,
Counterclaimant,
vs.
PETROLIAM NASIONAL BERHAD,
Counterclaim Defendant.

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CASE NO.: 09-CV-5939 PJH

DECLARATION OF JOSEPH G.
FIORINO 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, Joseph G. Fiorino, declare:

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1.

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

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

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Counterclaimant GoDaddy.com, Inc. (“Go Daddy”). I have personal knowledge of the facts set
J. FIORINO DECL. ISO GO DADDY’S
MOTION FOR SUMMARY JUDGMENT
Case No. 4:09-cv-05939-PJH

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forth in this Declaration. I submit this declaration in support of Go Daddy’s Motion for Summary

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Judgment.

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2.

Attached hereto as Exhibit 1 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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3.

Attached hereto as Exhibit 2 is a true and correct copy of cited portions from the

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transcript of the November 11, 2011 deposition of Tina Dam, designated expert witness for

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Petronas.

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4.

Attached hereto as Exhibit 3 is a true and correct copy of cited portions from the

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transcript of the November 8, 2011 deposition of Kevin Fitzsimmons, designated expert witness

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for Petronas.

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5.

Attached hereto as Exhibit 4 is a true and correct copy of the Rebuttal Expert Report

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of Michael Palage (without exhibits) dated November 2, 2011. Mr. Palage is a lawyer, engineer,

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former member of the Board of the Internet Corporation for Assigned Names and Numbers

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(ICANN), and one of the drafters of the Uniform Dispute Resolution Process (UDRP). He has

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been designated as an expert witness by Go Daddy.

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6.

Attached hereto as Exhibit 5 is a true and correct copy of the trademark specimen

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submitted by Chevron Corporation to the U.S. Patent and Trademark Office in connection with

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trademark application Serial No. 78661118 printed from the U.S. Patent and Trademark Office

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website at www.uspto.gov.

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7.

Attached hereto as Exhibit 6 is a true and correct copy of the Statement of Use

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submitted by Chevron Corporation to the U.S. Patent and Trademark Office in connection with

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trademark application Serial No. 78661118 printed from the U.S. Patent and Trademark Office

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website at www.uspto.gov.

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I declare under penalty of perjury that the foregoing is true and correct. Executed at Palo
Alto, California, on November 23, 2011.

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/s/ Joseph G. Fiorino
Joseph G. Fiorino

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

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