Petroliam Nasional Berhad v. GoDaddy.com, Inc.

Filing 143

Declaration of Perry Clark in Support of 134 MOTION for Partial Summary Judgment re Liability for Contributory Cybersquatting as to PETRONASTOWERS.NET filed byPetroliam Nasional Berhad. (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, *** # 27 Exhibit 26 FILED IN ERROR. DOCUMENT LOCKED. DOCUMENT TO BE REFILED LATER. *** , # 28 Exhibit 27, # 29 Exhibit 28)(Related document(s) 134 ) (Clark, Perry) (Filed on 11/25/2011) Modified on 11/28/2011 (ewn, COURT STAFF).

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1 2 3 4 5 PERRY R. CLARK, State Bar No. 197101 LAW OFFICES OF PERRY R. CLARK 825 San Antonio Road Palo Alto, CA 94303 Telephone: (650) 248-5817 Facsimile: (650) 618-8533 perry@perryclarklaw.com Attorney for Plaintiff PETROLIAM NASIONAL BERHAD (PETRONAS) 6 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION 11 12 13 PETROLIAM NASIONAL BERHAD (PETRONAS), Plaintiff, 14 15 vs. 16 GODADDY.COM, INC., 17 Defendant. ) CASE NO: 09-CV-5939 PJH (MEJ) ) ) Noticed Hearing Date: December 7, 2011 ) Noticed Hearing Time: 9:00 a.m. ) ) ) ) ) ) ) 18 19 20 21 22 DECLARATION OF PERRY CLARK IN SUPPORT OF PLAINTIFF PETRONAS’S MOTION FOR PARTIAL SUMMARY JUDGMENT ON GODADDY’S LIABILITY FOR CONTRIBUTORY CYBERSQUATTING 23 24 25 26 27 28 CLARK DECL. ISO MTN. PART. SUMMARY JUDGMENT Case No: 09-CV-5939 PJH 1 2 I, Perry Clark, declare: 1. 3 Plaintiff Petroliam Nasional Berhad (Petronas). I have personal knowledge of the 4 5 facts set forth in this declaration. 2. 6 2, 2011. Defendant GoDaddy.com, Inc. filed its Opposition to Motion for Partial 8 Summary Judgment on November 16, 2011 and did not object to the Appendix or 9 of the material contained therein. 3. 11 Hertz; 4. 14 25); 5. 17 Anderson. 6. 20 21 7. 26 Attached hereto as Exhibit 5 are pages APP037-39 which are a true and correct copy of documents bearing production numbers GD 000272, 293, and 302 that 23 25 Attached hereto as Exhibit 4 are pages APP034-36 which are a true and correct copy of the Declaration of Kelly Lewis filed in this case (Doc. No. 13); 22 24 Attached hereto as Exhibit 3 are pages APP018-33.1 which are a true and correct copy of portions of the transcript of the October 12, 2011 deposition of Laurie 18 19 Attached hereto as Exhibit 2 are pages APP010-17.3 which are a true and correct copy of GoDaddy’s Response to Plaintiff’s Third Set of Interrogatories (Nos. 21- 15 16 Attached hereto as Exhibit 1 are pages APP001-9.1 which are a true and correct copy of portions of the transcript of the October 13, 2011 deposition of Ronald 12 13 Attached hereto as Exhibit A is a true and correct copy of Plaintiff’s Appendix In Support of Motion for Partial Summary Judgment filed (under seal) on November 7 10 I am an attorney admitted to practice law before this Court and the attorney for were produced by GoDaddy in this case; 8. Attached hereto as Exhibit 6 are pages APP040-41 which are a true and correct copy of documents bearing production numbers GD 000560-561 that were produced by GoDaddy in this case; 27 28 1 CLARK DECL. ISO REPLY ISO MTN. PART. SUMMARY JUDGMENT Case No: 09-CV-5939 PJH 1 9. 2 copy of documents bearing production numbers PET GD 002468-2471 and to 3 4 which GoDaddy refers in its Response to Interrogatory No. 25 (APP016); 10. 5 (http://help.godaddy.com/article/5120) entitled “Redirect URLs with Your 7 Hosting Account”; 11. 9 54 that were produced by GoDaddy in this case; 12. 12 13 13. GD002453-54 that were produced by GoDaddy in this case and which are the 16 Declaration of John L. Slafsky filed in this case (Doc. No. 14); 14. 18 produced by GoDaddy in this case and which are a copy of the Order Transferring 20 Domain Name Pursuant to 15 U.S.C. § 1125(D) in Case No. 10-CV-03052 PJH 21 24 25 26 Attached hereto as Exhibit 12 are pages APP066-69 which are a true and correct copy of documents bearing production numbers GD 002162-65 that were 19 23 Attached hereto as Exhibit 11 are pages APP055-65 which are a true and correct copy of documents bearing production numbers GD 001593-1603 and 15 22 Attached hereto as Exhibit 10 are pages APP053-54 which are a true and correct copy of United States Patent and Trademark Office Registration No. 2,969,707; 14 17 Attached hereto as Exhibit 9 are pages APP048-52 which are a true and correct copy of documents bearing production numbers GD 002446-48 and GD002453- 10 11 Attached hereto as Exhibit 8 are pages APP046-47 which are a true and correct copy of documents that I printed from GoDaddy’s website 6 8 Attached hereto as Exhibit 7 are pages APP042-45 which are a true and correct (Doc. No. 11); 15. Attached hereto as Exhibit 13 are pages APP070-86 which are a true and correct copy of documents bearing production numbers GD 002053-74 that were produced by GoDaddy in this case and which are a copy of the Notice of Motion and Motion for Order Transferring Domain Name Pursuant to 15 U.S.C. § 1125(D) and for Entry of Judgment in Case No. 10-CV-03052 PJH (Doc. No. 9); 27 28 2 CLARK DECL. ISO REPLY ISO MTN. PART. SUMMARY JUDGMENT Case No: 09-CV-5939 PJH 1 16. 2 copy of documents bearing production numbers GD 000698-701 that were 3 produced by GoDaddy in this case and which are a copy of the Declaration in 4 Support of Temporary Restraining Order signed by Priya Manokaran, Esq., as the 5 Legal Officer in the Intellectual Property and Technology Unit of Corporate 6 Services and Technology, Legal and Corporate Affairs Division of Plaintiff filed 7 8 in this case ; 17. 9 produced by GoDaddy in this case and which are a copy of the formal notice of 11 trademark claim submitted to GoDaddy by Plaintiff regarding 12 PETRONASTOWERS.NET on July 7, 2010 and GoDaddy’s response; 18. 14 produced by GoDaddy in this case; 19. 17 produced by GoDaddy in this case; 20. 20 produced by GoDaddy in this case; 21. 23 26 27 Attached hereto as Exhibit 18 are pages APP132-151.2 which are a true and correct copy of GoDaddy’s Response to Plaintiff’s Second Set of Interrogatories 24 25 Attached hereto as Exhibit 17 are pages APP114-131 which are a true and correct copy of documents bearing production numbers GD 001804-1821 that were 21 22 Attached hereto as Exhibit 16 are pages APP112-113 which are a true and correct copy of documents bearing production numbers GD 002870-71 that were 18 19 Attached hereto as Exhibit 16 are pages APP096-111 which are a true and correct copy of documents bearing production numbers GD 000614-629 that were 15 16 Attached hereto as Exhibit 15 are pages APP091-95 which are a true and correct copy of documents bearing production numbers GD 001326-1330 that were 10 13 Attached hereto as Exhibit 14 are pages APP087-90 which are a true and correct (Nos. 9-20); 22. Attached hereto as Exhibit 19 are pages APP152-154 which are a true and correct copy of documents bearing production numbers GD 001899-1901 that were produced by GoDaddy in this case; 28 3 CLARK DECL. ISO REPLY ISO MTN. PART. SUMMARY JUDGMENT Case No: 09-CV-5939 PJH 1 23. 2 of a document bearing production number GD 001930 that was produced by 3 4 GoDaddy in this case; 24. 5 U.S.C. § 1125(D) in this case (Doc. No. 38); 25. 8 Transferring Domain Name Pursuant to 15 U.S.C. § 1125(D) in this case and 10 Case No. 10-CV-00431 EMC (Doc. No. 7); 26. 12 produced by GoDaddy in this case [FILED SEPARATELY UNDER SEAL]; 27. 15 Jessica Hanyen; 28. 18 Munson; 29. 21 24 25 26 27 Attached hereto as Exhibit 26 are pages APP191-201 which are a true and correct copy of documents bearing production numbers GD 001331-1341 that were 22 23 Attached hereto as Exhibit 25 are pages APP183-190 which are a true and correct copy of portions of the transcript of the October 19, 2011 deposition of Jeff 19 20 Attached hereto as Exhibit 24 are pages APP174-182.1 which are a true and correct copy of portions of the transcript of the October 12, 2011 deposition of 16 17 Attached hereto as Exhibit 23 are pages APP165-APP173 which is a true and correct copy of a document bearing production number GD 000570-578 that was 13 14 Attached hereto as Exhibit 22 are pages APP158-165 which are a true and correct copy of which are a copy of the Notice of Motion and Motion for Order 9 11 Attached hereto as Exhibit 21 are pages APP156-157 which are a true and correct copy of which are a copy of the Order Transferring Domain Name Pursuant to 15 6 7 Attached hereto as Exhibit 20 are pages APP155 which is a true and correct copy produced by GoDaddy in this case; 30. Attached hereto as Exhibit 27 are pages APP202-204 which are a true and correct copy of documents bearing production numbers GD 001312-1314 that were produced by GoDaddy in this case; I declare under penalty of perjury that the foregoing is true and correct. Executed in Palo Alto, California on November 24, 2011. 28 4 CLARK DECL. ISO REPLY ISO MTN. PART. SUMMARY JUDGMENT Case No: 09-CV-5939 PJH 1 2 3 4 By: /s/ Perry R. Clark Perry R. Clark 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 CLARK DECL. ISO REPLY ISO MTN. PART. SUMMARY JUDGMENT Case No: 09-CV-5939 PJH

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