Petroliam Nasional Berhad v. GoDaddy.com, Inc.

Filing 153

DECLARATION of Perry Clark in Opposition to 152 Opposition/Response to Motion, 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 (Part 1 of 3), # 22 Exhibit 20 (Part 2 of 3), # 23 Exhibit 20 (Part 3 of 3))(Related document(s) 152 ) (Clark, Perry) (Filed on 12/9/2011)

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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 DECLARATION OF PERRY CLARK IN SUPPORT OF PLAINTIFF PETRONAS’S OPPOSITION TO GODDADDY’S MOTION FOR SUMMARY JUDGMENT 22 23 24 25 26 27 28 CLARK DECL. ISO OPP. 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 Motion For Summary Judgment lodged (under seal) on November 16, 2011. 3. 9 Laurie Anderson [UNDER SEAL]; 4. 12 (Nos. 9-20); 5. 15 Matthew Bilunes [UNDER SEAL]. 6. 18 19 7. Jessica Hanyen [UNDER SEAL]; 8. 23 Attached hereto as Exhibit 6 are pages OPPAPP0000078-85 which are a true and correct copy of portions of the transcript of the October 19, 2011 deposition of 24 26 Attached hereto as Exhibit 5 are pages OPPAPP0000062-77 which are a true and correct copy of portions of the transcript of the October 12, 2011 deposition of 21 25 Attached hereto as Exhibit 4 are pages OPPAPP0000045-61 which are a true and correct copy of the Notice of Fed. R. Civ. P. 30(b)(6) Deposition to Defendant; 20 22 Attached hereto as Exhibit 3 are pages OPPAPP0000036-44 which are a true and correct copy of portions of the transcript of the October 13, 2011 deposition of 16 17 Attached hereto as Exhibit 2 are pages OPPAPP0000016-35 which are a true and correct copy of GoDaddy’s Response to Plaintiff’s Second Set of Interrogatories 13 14 Attached hereto as Exhibit 1 are pages OPPAPP000001-15 which are a true and correct copy of portions of the transcript of the October 12, 2011 deposition of 10 11 Attached hereto as Exhibit A is a true and correct copy of Plaintiff’s Appendix Of Fed. R. Civ. P. 56(C)(1)(A) Materials In Support Of Opposition To Goddaddy’s 7 8 I am an attorney admitted to practice law before this Court and the attorney for Jeff Munson [UNDER SEAL]; 9. Attached hereto as Exhibit 7 are pages OPPAPP0000086-101 which are a true and correct copy of documents I accessed using my WestLawNext account entitled 27 28 1 CLARK DECL. ISO OPP. SUMMARY JUDGMENT Case No: 09-CV-5939 PJH 1 “Senate Report No. 106-140,” 1999 WL 594571 and had printed using our office 2 3 computers; 10. 4 correct copy of the Notice of Motion and Motion for Order Transferring Domain 5 Name Pursuant to 15 U.S.C. § 1125(D) and for Entry of Judgment in Case No. 6 7 10-CV-03052 PJH (Doc. No. 9); 11. 8 Name Pursuant to 15 U.S.C. § 1125(D) and for Entry of Judgment in Case No. 10 10-CV-00431 PJH (Doc. No. 7); 12. 12 the Declaration of Expert Witness Kevin Fitzsimmons in Support of Plaintiff’s 14 Motion for Partial Summary Judgment of Contributory Cybersquatting; 13. 16 the Declaration of Expert Witness Tina Dam in Support of Plaintiff’s Motion for 18 Partial Summary Judgment of Contributory Cybersquatting; 14. 20 23 24 25 26 27 Attached hereto as Exhibit 12 are pages OPPAPP0003009-3024 which are a true and correct copy of the Answer and Counterclaims filed by GoDaddy in this case 21 22 Attached hereto as Exhibit 11 are pages OPPAPP0001588-3008 (pages OPPAPP001616-003008 are not included) which are a true and correct copy of 17 19 Attached hereto as Exhibit 10 are pages OPPAPP0000178-198 (pages OPPAPP000199-001558 are not included) which are a true and correct copy of 13 15 Attached hereto as Exhibit 9 are pages OPPAPP0000136-178 which are a true and correct copy of the Notice of Motion and Motion for Order Transferring Domain 9 11 Attached hereto as Exhibit 8 are pages OPPAPP0000102-135 which are a true and (Doc. No. 106); 15. Attached hereto as Exhibit 13 are pages OPPAPP0003025-3056 which are a true and correct copy of documents I downloaded from U.S.P.T.O. Trademark Document Retrieval system for U.S. Trademark Registration No. 2,969,707 (http://tdr.uspto.gov/search.action?sn=78100185#). At that URL, there is the following description of the U.S.P.T.O. Trademark Document Retrieval system: “The United States Patent and Trademark Office (USPTO) is pleased to present 28 2 CLARK DECL. ISO OPP. SUMMARY JUDGMENT Case No: 09-CV-5939 PJH 1 TDR - Trademark Document Retrieval. Through TDR, you can view and 2 download any or all documents contained in the electronic file wrapper of almost 3 4 all pending trademark applications, as well as many registrations.” 16. 5 and correct copy of documents I downloaded from U.S.P.T.O. Trademark 6 Document Retrieval system for U.S. Trademark Registration No. 2,932,662 7 (http://tdr.uspto.gov/search.action?sn=78100185#). At that URL, there is the 8 following description of the U.S.P.T.O. Trademark Document Retrieval system: 9 “The United States Patent and Trademark Office (USPTO) is pleased to present 10 TDR - Trademark Document Retrieval. Through TDR, you can view and 11 download any or all documents contained in the electronic file wrapper of almost 12 13 all pending trademark applications, as well as many registrations.”; 17. 14 deposition of Yeoh Suat Gaik; 18. 17 18 19. Michael Palage, Esq.; 20. 22 24 25 26 27 Attached hereto as Exhibit 17 are pages OPPAPP3140-3153 which are a true and correct copy of portions of the transcript of the September 15, 2011 deposition of 20 23 Attached hereto as Exhibit 16 are pages OPPAPP3131-3139 which are a true and correct copy copies of portions of OPPAPP3270-3284 in Exibit 19 hereto; 19 21 Attached hereto as Exhibit 15 are pages OPPAPP0003112-3130 which are a true and correct copy of portions of the transcript of the September 15, 2011 15 16 Attached hereto as Exhibit 14 are pages OPPAPP0003057-3111 which are a true Attached hereto as Exhibit 18 is a slip sheet indicating pages OPPAPP3154-3244 are not used; 21. Attached hereto as Exhibit 19 are pages OPPAPP003253-3363 which are a true and correct copy of documents I downloaded from U.S.P.T.O. Trademark Document Retrieval system for U.S. Trademark Registration No. 2,932,662 (http://tdr.uspto.gov/search.action?sn=78100185#). At that URL, there is the following description of the U.S.P.T.O. Trademark Document Retrieval system: 28 3 CLARK DECL. ISO OPP. SUMMARY JUDGMENT Case No: 09-CV-5939 PJH 1 “The United States Patent and Trademark Office (USPTO) is pleased to present 2 TDR - Trademark Document Retrieval. Through TDR, you can view and 3 download any or all documents contained in the electronic file wrapper of almost 4 5 6 7 8 9 all pending trademark applications, as well as many registrations.”; 22. Attached hereto as Exhibit 20 are pages OPPAPP003364-3484 which are a true and correct copy of deposition exhibits from the deposition of the September 15, 2011 deposition of Yeoh Suat Gaik. I declare under penalty of perjury that the foregoing is true and correct. Executed in Palo Alto, California on November 25, 2011. 10 11 12 By: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 CLARK DECL. ISO OPP. SUMMARY JUDGMENT Case No: 09-CV-5939 PJH /s/ Perry R. Clark Perry R. Clark

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