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).

EXHIBIT 1

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IN THE UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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PETROLIAM NASIONAL BERHAD,
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Plaintiff,
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-vs-

Case No. 09-CV-5939 PJH

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GODADDY.COM, INC.,
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Defendants.

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/
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DEPOSITION OF YEOH SUAT GAIK

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PAGES 1 to 142

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THURSDAY, SEPTEMBER 15, 2011

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Reported by:

LOUISE MARIE SOUSOURES, CSR NO. 3575
Certified LiveNote Reporter

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BY MR. LANSKY:
Q.

Let's take petronastwintowers.com, for

example.
Is the registrar that Go -- excuse me,

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Petronas contacted to register that domain allowed to

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use that domain name in any way?
MR. CLARK:

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calls for speculation.
THE WITNESS:

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Objection, lacks foundation,

No.

BY MR. LANSKY:
Q.

Do you know if any registrars use any of

Petronas' domain names in any way?

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MR. CLARK:

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THE WITNESS:

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Objection, lacks foundation.
I think I have difficulty with

your use of the word "use" the domain names.
So can you please be more -- can you clarify

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what you mean by "use"?

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BY MR. LANSKY:

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Q.

Just to the best of your understanding of

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that word, are they allowed to use that domain in any

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way that you can think of?

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broadest understanding of the word "use."

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MR. CLARK:

Take a broad -- your

I'm going to object, again,

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lacks foundation, calls for speculation.

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BY MR. LANSKY:

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Q.

You can still answer.

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A.

I explained earlier on what I know of the

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registrar's function and to that extent, what I

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understand the use is and I -- anything else is not

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what I consider use.

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Q.

Okay.

Does Petronas analyze the traffic on

its web sites?

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A.

Not sure, but I guess so.

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Q.

Okay.

So you might not know the answer to

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this, but do you have any idea what type of data

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Petronas collects with respect to its web sites?

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instance, the number of hits, number of uniques,

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things like that?

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MR. CLARK:

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THE WITNESS:

For

Again, calls for speculation.
I think it's good to track, I

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hope they're tracking, but I don't know.

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BY MR. LANSKY:

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Q.

Does Petronas take steps to monitor the use

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You have no knowledge of that, okay.

of its trademarks by third parties?

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A.

Yes.

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Q.

What does it do?

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A.

We have subsidiary by the name of iPerintis.

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They do periodic checks on the Internet for

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unauthorized use of our trademark.

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I, LOUISE MARIE SOUSOURES, duly authorized to

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administer oaths pursuant to Section 2093(b) of the

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California Code of Civil Procedure, do hereby

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certify: That the witness in the foregoing deposition

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was by me duly sworn to testify the truth in the

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within-entitled cause; that said deposition was taken

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at the time and place therein cited; that the

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testimony of the said witness was reported by me and

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was hereafter transcribed under my direction into

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typewriting; that the foregoing is a complete and

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accurate record of said testimony; and that the

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witness was given an opportunity to read and correct

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said deposition and to subscribe the same.
Should the signature of the witness not be

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affixed to the deposition, the witness shall not have

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availed himself or herself of the opportunity to sign

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or the signature has been waived.
I further certify that I am not of counsel,

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nor attorney for any of the parties in the foregoing

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deposition and caption named, nor in any way

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interested in the outcome of the cause named in said

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caption.

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DATE:

9-26-2011

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_______________________________

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LOUISE MARIE SOUSOURES, CSR 3575

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