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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Ex. 1

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CLARK DECL. ISO REPLY ISO MTN. PART. SUMMARY JUDGMENT
Case No: 09-CV-5939 PJH

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
PETROLIAM NASIONAL BERHAD
(PETRONAS),
Plaintiff,
CASE NO. 09-CV-5939PJH
vs.
GODADDY.COM, INC.,
Defendant.
_____________________________/

::: CONFIDENTIAL :::

30(b)(6) DEPOSITION OF RONALD HERTZ

DATE:

Thursday, October 13, 2011

TIME:

12:05 p.m.

LOCATION:

BALLARD SPAHR, LLP
1 East Washington Street, Suite 2300
Phoenix, Arizona 85004

REPORTED BY: JANICE HARRINGTON, RPR, CRR, CLR
AZ Certified Court Reporter No. 50844
Registered Professional Reporter
Certified Realtime Reporter
Certified LiveNote Reporter
MBreporting
111 Deerwood Road, Suite 200
San Ramon, California 94583
APP001

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::: APPEARANCES :::

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FOR PETROLIAM NASIONAL BERHAD (PETRONAS) PLAINTIFF:
Law Offices of Perry R. Clark
By: Perry R. Clark, Attorney At Law
825 San Antonio Road
Palo Alto, California 94303
[phone]
[e-mail]

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FOR GODADDY.COM, INC., DEFENDANT:
Wilson Sonsini Goodrich & Rosati
By: Tonia Ouellette Klausner,
Attorney At Law
1301 Avenue of the Americas, 40th Floor
New York, New York 10019-6022
[phone]
[e-mail]

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APP002

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::: INDEX OF EXAMINATIONS :::

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EXAMINATION BY:

PAGE

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MR. CLARK

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MS. KLAUSNER

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::: INDEX OF REQUESTS :::
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PAGE

LINE

REQUEST

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None

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APP003

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::: INDEX OF EXHIBITS :::

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NUMBER

DESCRIPTION

PAGE

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30

Document, Bates No. GD-00251-002607

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APP004

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Page 5
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RONALD HERTZ

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being duly sworn by the Certified Shorthand Reporter

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to tell the truth, the whole truth, and nothing but

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the truth, testified as follows:

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EXAMINATION BY MR. CLARK

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Q.

Okay.

Good afternoon.

My name is Perry

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Clark.

I'm a lawyer for the plaintiff in this case,

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Petroliam Nasional Berhad who I will refer to as

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Petronas.

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MS. KLAUSNER:

And I'm Tonia Klausner.

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I'm here on behalf of Go Daddy.

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BY MR. CLARK:

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Q.

Okay.

Could you please state your name

for the record, please?

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A.

Ronald Hertz.

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Q.

Okay.

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A.

I do.

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Q.

What is your current job title?

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A.

Vice President and Corporate Controller.

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Q.

How long have you had that title?

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A.

Approximately two years.

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Q.

And were you working for Go Daddy before

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And you work for Go Daddy?

you were Vice President?

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A.

I was.

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Q.

And what was your job title then?
APP005

Page 6
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A.

Corporate Controller.

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Q.

How long have you worked for Go Daddy?

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A.

Little over nine years.

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Q.

All right.

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in front of you.

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at Exhibit 1, please.

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there's a numbered paragraph 18 towards the top of

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that page.

So we have a pile of exhibits

Could you go ahead and take a look
If you could turn to page 9,

Do you see paragraph 18?

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A.

Yes.

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Q.

It says, "Go Daddy's business operations

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and financial information to which Go Daddy refers in

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its initial disclosure is dated July 15, 2010."

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you see that?

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A.

Yes.

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Q.

Do

And do you understand you have been

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designated as Go Daddy's representative to testify on

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that topic?

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A.

Yes.

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Q.

Okay.

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general -- okay.

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you might be giving a deposition in this case?

So can you tell me I guess in
When were you first informed that

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A.

Approximately two weeks ago.

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Q.

Okay.

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A.

Nima Kelly.

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Q.

Okay.

And who was it?

Who informed you?

And what have you done to prepare
APP006

Page 7
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for your deposition?

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MS. KLAUSNER:

And I'll caution the

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witness not to disclose any conversations you might

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have had with attorneys.

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THE WITNESS:

I met with counsel and

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reviewed a couple of documents.

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BY MR. CLARK:

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Q.

When did you meet with counsel?

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A.

With outside counsel yesterday.

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Q.

Okay.

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Did you do anything else to

prepare for your deposition?

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A.

I did not.

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Q.

Okay.

You said you reviewed some

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documents.

Did you review all the documents that you

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reviewed during your meeting with outside counsel?

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A.

No, I did not.

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Q.

Okay.

You reviewed some documents

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outside of the time that you met with your counsel,

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correct?

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A.

That is correct.

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Q.

All right.

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Do you recall what documents

you reviewed outside of your meeting with counsel?
A.

Yes.

I reviewed the Registrar-Registry

Agreement with VeriSign.
Q.

Any others?
APP007

Page 12
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A.

To the best of my knowledge, yes.

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Q.

Do you know if this Registry-Registrar

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relates in any way to Go Daddy's domain name

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forwarding service?

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MS. KLAUSNER:

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THE WITNESS:

Object to the form.
Can you explain what you

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mean by "relates in any way"?

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BY MR. CLARK:

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Q.

Does Go Daddy have any obligations

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arising from the .NET Registry-Registrar that relate

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to the conduct of its domain name forwarding service?

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MS. KLAUSNER:

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THE WITNESS:

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Can you restate the

question please?

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Object to the form.

BY MR. CLARK:

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Q.

Sure.

I'm just getting at, does the .NET

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Registry-Registrar Agreement govern any of Go Daddy's

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conduct with respect to providing its domain name

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forwarding service to Go Daddy's customers?

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A.

I'm not sure what you mean by governing

its conduct.
Q.

So can you explain in general what Go

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Daddy's obligations are under the .NET

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Registrar-Registry Agreement?

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A.

My understanding of the agreement is it
APP008

Page 13
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sets out the guidelines between Go Daddy and VeriSign

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in registering .NET domain names.

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Q.

Does Go Daddy's domain name forwarding

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service relate to the registration of .NET domain

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names?

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A.

I'm not sure I understand the question.

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Q.

Is Go Daddy's domain name forwarding

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service part of its activity with respect to

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registering .NET domain names?

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A.

I don't believe the forwarding service

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relates at all to the registration of the domain

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name.

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Q.

Okay.

Just changing gears a little bit,

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topic 20 relates to an insurance agreement, and you

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mentioned an E and O insurance agreement.

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agreement made in connection with the Hiscox

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insurance agency?

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A.

Hiscox is the insurance provider.

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Q.

Okay.

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Is that an

Is that agreement still in effect?

Or I'm sorry, is that policy still in effect?

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A.

It is not.

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Q.

Has Go Daddy made a claim related to this

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case under any insurance policy other than the Hiscox

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insurance policy?

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A.

Not that I'm aware of.
APP009

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APP009.1

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