Petroliam Nasional Berhad v., 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 6 7 8 9 10 11 12 13 14 15 16 17 18 Ex. 28 19 20 21 22 23 24 25 26 27 28 CLARK DECL. ISO REPLY ISO MTN. PART. SUMMARY JUDGMENT Case No: 09-CV-5939 PJH From: Sent: To: Subject: tradem arkclaims@godaddy. com Wednesday, 14,2010 9:14AM July domaindi sputes@godaddy. com [FWD: RE: TRADEMARK CLAIMS: Notification of TrademarkInfringementby DomainName "petronastower. net"] DearDisputes, Thisis the replywe sentfor claim# 415576. Thanks, Rod Message Original Subject:RE:TRADEMARK Notification Trademark CLAIMS: Infringement of by Domain Name"" From <> : Date:Wed,December t6,2009 L0:21am To: "Perry Clark"<> DearPerryClark, Althoughthe domainPETRONASTOWER.NET is registered throughour company, domainis the forwarding a websitethat is hosted to Any regarding contentof the websitewill elsewhere. issues the needto be addressed the ownerof the siteeitherdirectly,or to the hostingprovider. to We canonly process infringement claimsof trademark that against contentof websites we host. the ICANN, the managing prohibitsdomain body of internet,domainnameregistrars, specifically registrars from becoming involvedin disputes in overdomainownership their Uniform DomainName DisputeResolution Policy Any disputes overthe ownership wordingof the domainnameitself will or needto be senteitherto the owner,or throughan arbitrationforum, or the local court system. Please freeto contact if we canprovidefurtherassistance. feel us Regards, DomainServices Go Daddy Software,Inc. Message Original Subject: TRADEMARK Notification Trademark CLAIMS: Infringement of by Domain Name"" From:"Perry Clark"<> Date:Wed,December 16,200910:09am To: Tradema i Pursuant Section of the"GoDaddy to A(2) Trademark and/or Copyright lnfringement APP202 CONFIDENTIAL GD-001312 (attached), emailservesas notification a claimfor trademark Policy" this of infringement. Attached to thisemailplease the "Request Trademark find for Claims" required Section by A(1)of the agreement. The "Trademark TrackinglD" is 415576. Thefollowing information provided the orderit is listedin Section is in A(2) of the agreement: Evidence the infringer the trademark a Go Daddycustomer that WHOISliststhe following that of is is information respect the domainname"": with to Heiko Schoenekess BPM 195226 372 Old Street London, London EClV 9AU United Kingdom Registered through:, Inc. Domain Name: PETRONASTOWER.NET Created 08-May-03 on: Expires on:08-May-10 LastUpdated 02-May-09 on: The infringed trademark U.S.Trademark is Registration "PETRONAS." Number2969707 See attached U.S.Patent and Trademark OfficeRecord The markapplies at least, UnitedStates.The markis alsoregistered othercountries. in, the in Theowner the markis Petroliam of Nasional Berhad, Petronas TwinTowers, Tower1 KualaLumpur CityCentre 50088KualaLumpur MALAYSIA. Thegoodsandservices covered the markare:Chemicals petrochemicals use in the by and for manufacture pharmaceuticals, packaging, and cableinstallation, of cosmetics, detergents, wire cassette tapes,pipes, paintsand coatings, toys,films,floorings, synthetic rubber, adhesives, fuel additives lubricants, and parts, textiles, agriculture, electrical electronic and components, automotive aerospace aviation, and plastics, building construction and materials, foods, anddiagnostic equipment; chemical petrochemicalthe nature methanol, and in of ethylene, methyl tertiary butylether(MTBE), polyvinyl polyethylene, vinylchloride polypropylene, propylene, monomer, chloride, ethylbenzene, and styrene monomer for use in industrial, all forestry, agricultural, horticultural, scientific and applications; photographic chemicals; artificial synthetic and resins use in the manufacture fibers,polymers for of plastic andcoatings, molding and compounds; molding compounds usein plastic for extrusion plastic operations plastic molding compounds usethe manufacture molded for of articles and plastic sheets andfilms; composts; manures; fertilizers agricultural domestic for and use;gluefor industrial purposes, gasesfor heating, adhesives general for industrial contact use, cements; lighting, steam generating, cooking, refrigeration, drying andventilating industrial in liquid for use andgaseous forms; oildispersants; chemicals separating hydraulic for oils; fluids general for use;chemical additives for gasoline drilling usein the manufacture fuels,lubricants, of and lubricants; drilling mudsfor use in oil welldrilling, coolants vehicle for engines, heattransfer fluids industrial hydraulic for use, fluids for general use,acidulated waterfor recharging accumulators batteries; and chemical additives use for with internal combustion engines. chemical additives fuelsavingtreatments, for catalysts use in the for oil processing industry, for preservation masonry, oil of transmission fluids,cutting for industrial oil gasoline, oil andgeneral metalworking, purpose Crudeoil,natural greases, purpose fuel all lubricants; gasoline; gas;fueloils;fuelalcohol; fuel diesel fuel;gas;gasoline lubricant; as kerosene, unleaded petroleum; petroleum fuel;oilgas;paraffin; gaseous solidform,dustlyingand ether, fuelsin liquid, and absorbing compositions useon unpaved for roads; non-chemical additives oilsandfuels;petroleum for jellyfor industrial purposes, tallow, petrochemicals usein automatlc transmission methanol fluids; for fuel,petroleum baseddustsuppressing compositions use in manufacture, conditioners, for air water gas and petrolburners industrial distillation units,flares, gas purposes; regulators, for heatexchangers, pasteurizers use in foodand beverage heatpumps, for industry; electric radiators for motors not or engines, solarcollectors heating for solarfurnaces, waterfilters. The markhas beenusedin interstate commerce sinceat least2001. It is unclear whatgoodsor services beingofferedunderthe markthat is infringed. are The precise location the infringing of markis "" APP203 CONFIDENTIAL GD-001313 Underpenalty perjury, certifir goodfaiththatthe "" of I in infringes trademark the "Petronas," whichis ownedby Petronas the use of the markin "" and is not defensible. BestRegards, PerryGlark KIRKLAND ELLISLLP & 950PageMillRoad PaloAlto,CA 94303 Office: 650 859 7070 Mobile: 2485817 650 *********************************************************** The information contained in this communication is confidential, may be attorney-client privileged, may j-nformatj-on, constitute inside and is intended only for the use of the addressee. It is the property of Kirk]and & El-l-is LLP or Kirkl-and & Ellis Internati-onalLLp. Unauthorized use, di-sclosure or copying of this j-s strictly communicatj-on or any part thereof prohibited and may be unl-awful. If you have received this communlcation in error, please notify us immedlately by return e-mail- or by e-maj-l- to, and destroy this communication and al-l copies thereof, including al-l at.tachments. *********************************************************** APP204 CONFIDENTIAL GD-001314

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