Petroliam Nasional Berhad v., Inc.

Filing 140

Declaration of Joseph G. Fiorino in Support of 112 Go Daddy's Motion for Summary Judgment filed by, 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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EXHIBIT 1 1 IN THE UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 OAKLAND DIVISION 4 5 PETROLIAM NASIONAL BERHAD, 6 7 Plaintiff, 8 9 -vs- Case No. 09-CV-5939 PJH 10 GODADDY.COM, INC., 11 Defendants. 12 / 13 DEPOSITION OF YEOH SUAT GAIK 14 PAGES 1 to 142 15 THURSDAY, SEPTEMBER 15, 2011 16 17 18 19 Reported by: LOUISE MARIE SOUSOURES, CSR NO. 3575 Certified LiveNote Reporter 20 21 22 23 24 25 1 1 2 3 BY MR. LANSKY: Q. Let's take, for example. Is the registrar that Go -- excuse me, 4 5 Petronas contacted to register that domain allowed to 6 use that domain name in any way? MR. CLARK: 7 8 calls for speculation. THE WITNESS: 9 10 11 12 Objection, lacks foundation, No. BY MR. LANSKY: Q. Do you know if any registrars use any of Petronas' domain names in any way? 13 MR. CLARK: 14 THE WITNESS: 15 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 16 17 what you mean by "use"? 18 BY MR. LANSKY: 19 Q. Just to the best of your understanding of 20 that word, are they allowed to use that domain in any 21 way that you can think of? 22 broadest understanding of the word "use." 23 MR. CLARK: Take a broad -- your I'm going to object, again, 24 lacks foundation, calls for speculation. 25 BY MR. LANSKY: 29 1 Q. You can still answer. 2 A. I explained earlier on what I know of the 3 registrar's function and to that extent, what I 4 understand the use is and I -- anything else is not 5 what I consider use. 6 7 Q. Okay. Does Petronas analyze the traffic on its web sites? 8 A. Not sure, but I guess so. 9 Q. Okay. So you might not know the answer to 10 this, but do you have any idea what type of data 11 Petronas collects with respect to its web sites? 12 instance, the number of hits, number of uniques, 13 things like that? 14 MR. CLARK: 15 THE WITNESS: For Again, calls for speculation. I think it's good to track, I 16 hope they're tracking, but I don't know. 17 BY MR. LANSKY: 18 Q. Does Petronas take steps to monitor the use 19 20 You have no knowledge of that, okay. of its trademarks by third parties? 21 A. Yes. 22 Q. What does it do? 23 A. We have subsidiary by the name of iPerintis. 24 They do periodic checks on the Internet for 25 unauthorized use of our trademark. 30 I, LOUISE MARIE SOUSOURES, duly authorized to 1 2 administer oaths pursuant to Section 2093(b) of the 3 California Code of Civil Procedure, do hereby 4 certify: That the witness in the foregoing deposition 5 was by me duly sworn to testify the truth in the 6 within-entitled cause; that said deposition was taken 7 at the time and place therein cited; that the 8 testimony of the said witness was reported by me and 9 was hereafter transcribed under my direction into 10 typewriting; that the foregoing is a complete and 11 accurate record of said testimony; and that the 12 witness was given an opportunity to read and correct 13 said deposition and to subscribe the same. Should the signature of the witness not be 14 15 affixed to the deposition, the witness shall not have 16 availed himself or herself of the opportunity to sign 17 or the signature has been waived. I further certify that I am not of counsel, 18 19 nor attorney for any of the parties in the foregoing 20 deposition and caption named, nor in any way 21 interested in the outcome of the cause named in said 22 caption. 23 DATE: 9-26-2011 24 _______________________________ 25 LOUISE MARIE SOUSOURES, CSR 3575 142

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