Petroliam Nasional Berhad v. GoDaddy.com, Inc.
Filing
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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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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)
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
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PETROLIAM NASIONAL BERHAD
(PETRONAS),
Plaintiff,
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vs.
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GODADDY.COM, INC.,
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Defendant.
) CASE NO: 09-CV-5939 PJH (MEJ)
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) Noticed Hearing Date: December 7, 2011
) Noticed Hearing Time: 9:00 a.m.
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DECLARATION OF PERRY CLARK
IN SUPPORT OF
PLAINTIFF PETRONAS’S
MOTION FOR PARTIAL SUMMARY JUDGMENT ON
GODADDY’S LIABILITY FOR CONTRIBUTORY CYBERSQUATTING
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CLARK DECL. ISO MTN. PART. SUMMARY JUDGMENT
Case No: 09-CV-5939 PJH
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I, Perry Clark, declare:
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Plaintiff Petroliam Nasional Berhad (Petronas). I have personal knowledge of the
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facts set forth in this declaration.
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2, 2011. Defendant GoDaddy.com, Inc. filed its Opposition to Motion for Partial
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Summary Judgment on November 16, 2011 and did not object to the Appendix or
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of the material contained therein.
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Hertz;
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25);
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Anderson.
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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
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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);
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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
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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-
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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
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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
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I am an attorney admitted to practice law before this Court and the attorney for
were produced by GoDaddy in this case;
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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;
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CLARK DECL. ISO REPLY ISO MTN. PART. SUMMARY JUDGMENT
Case No: 09-CV-5939 PJH
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copy of documents bearing production numbers PET GD 002468-2471 and to
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which GoDaddy refers in its Response to Interrogatory No. 25 (APP016);
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(http://help.godaddy.com/article/5120) entitled “Redirect URLs with Your
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Hosting Account”;
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54 that were produced by GoDaddy in this case;
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GD002453-54 that were produced by GoDaddy in this case and which are the
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Declaration of John L. Slafsky filed in this case (Doc. No. 14);
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produced by GoDaddy in this case and which are a copy of the Order Transferring
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Domain Name Pursuant to 15 U.S.C. § 1125(D) in Case No. 10-CV-03052 PJH
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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
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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
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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;
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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-
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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
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Attached hereto as Exhibit 7 are pages APP042-45 which are a true and correct
(Doc. No. 11);
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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);
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CLARK DECL. ISO REPLY ISO MTN. PART. SUMMARY JUDGMENT
Case No: 09-CV-5939 PJH
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copy of documents bearing production numbers GD 000698-701 that were
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produced by GoDaddy in this case and which are a copy of the Declaration in
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Support of Temporary Restraining Order signed by Priya Manokaran, Esq., as the
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Legal Officer in the Intellectual Property and Technology Unit of Corporate
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Services and Technology, Legal and Corporate Affairs Division of Plaintiff filed
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in this case ;
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produced by GoDaddy in this case and which are a copy of the formal notice of
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trademark claim submitted to GoDaddy by Plaintiff regarding
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PETRONASTOWERS.NET on July 7, 2010 and GoDaddy’s response;
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produced by GoDaddy in this case;
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produced by GoDaddy in this case;
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produced by GoDaddy in this case;
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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
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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
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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
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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
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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
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Attached hereto as Exhibit 14 are pages APP087-90 which are a true and correct
(Nos. 9-20);
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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;
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CLARK DECL. ISO REPLY ISO MTN. PART. SUMMARY JUDGMENT
Case No: 09-CV-5939 PJH
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of a document bearing production number GD 001930 that was produced by
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GoDaddy in this case;
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U.S.C. § 1125(D) in this case (Doc. No. 38);
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Transferring Domain Name Pursuant to 15 U.S.C. § 1125(D) in this case and
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Case No. 10-CV-00431 EMC (Doc. No. 7);
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produced by GoDaddy in this case [FILED SEPARATELY UNDER SEAL];
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Jessica Hanyen;
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Munson;
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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
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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
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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
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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
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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
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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
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Attached hereto as Exhibit 20 are pages APP155 which is a true and correct copy
produced by GoDaddy in this case;
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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.
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CLARK DECL. ISO REPLY ISO MTN. PART. SUMMARY JUDGMENT
Case No: 09-CV-5939 PJH
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By:
/s/ Perry R. Clark
Perry R. Clark
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CLARK DECL. ISO REPLY ISO MTN. PART. SUMMARY JUDGMENT
Case No: 09-CV-5939 PJH
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