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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Ex. 3

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CLARK DECL. ISO OPP. 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 MATTHEW BILUNES

DATE:

Thursday, October 13, 2011

TIME:

2:05 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

OPPAPP000036

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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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OPPAPP000037

Page 3
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::: INDEX OF EXAMINATIONS :::

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EXAMINATION BY:

PAGE

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MR. CLARK
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::: INDEX OF REQUESTS :::
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PAGE

LINE

REQUEST

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None

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OPPAPP000038

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Page 4
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::: INDEX OF EXHIBITS :::

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NUMBER

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DESCRIPTION

PAGE

None

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OPPAPP000039

Page 5
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MATTHEW BILUNES

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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.

I'm a lawyer.

My name's Perry

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Clark.

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Berhad which I will refer to as Petronas which is the

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plaintiff in this case.

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I represent Petroliam Nasional

MS. KLAUSNER:

And I'm Tonia Klausner

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with Wilson Sonsini on behalf of Go Daddy.

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BY MR. CLARK:

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Q.

So would you please state

your name for the record and spell it please?

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All right.

A.

Matthew Bilunes.

M-a-t-t-h-e-w.

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First name

Last name Bilunes, B-i-l-u-n-e-s.

Q.

Okay.

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A.

Supervisor, Domain Services.

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Q.

And what are your responsibilities as a

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And what's your job title at Go

Daddy?

Supervisor of Domain Services?

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A.

Currently working with our customers to

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acquire their domain names which are registered to

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them.

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recently I've taken that job as a -- for training, a

At this time, just recent -- well, just

OPPAPP000040

Page 6
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momentary training.

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domain names that are under proceedings of court or

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ICANN approved arbitration forums.

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Q.

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Go Daddy?

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A.

I've been at Go Daddy since December of

Q.

Okay.

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A.

I would say that would be approximately

March or April of '08.

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And how long have you been working

on matters related to domain disputes?

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And so how long have you worked at

2005.

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Okay.

Usually my job is to work with

Q.

And who's your supervisor or manager

right now?

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A.

My current supervisor's name is Pam Bunn,

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but that's only recently.

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recently was Laurie Anderson.

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Q.

Okay.

My supervisor until

And is there any reason -- do you

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know why -- any reason for the switch in managers?

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Was there a reason?

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A.

Oh, it's a cross-training to get other

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people experienced in what I do just in case I no

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longer work at Go Daddy in the future so they won't

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be left with people who don't know as much as I do.

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Q.
topics.

Okay.

So you have been designated on two

Actually, if you could grab Exhibit 1,

OPPAPP000041

Page 7
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please, from the pile in front of you.

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turn to numbered page 8 -- I'm sorry, 7.

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numbered paragraph there.

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you've been designated as Go Daddy's representative

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on topic number 1 on page 7 in Exhibit 1?

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A.

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There's a

And do you understand that

Yes, I understand that I've been

designated.

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And if you

Q.

Okay.

So can you tell me how many

incoming trademark complaints Go Daddy received in
2010?

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A.

I cannot give you an approximate number.

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Q.

You can give me an approximate number?

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A.

Cannot.

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Q.

Can you give me an approximate number for

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A.

No, I cannot.

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Q.

If you wanted to find out the number of

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2009?

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incoming trademark complaints that Go Daddy had

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received for any specific period of time, how would

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you go about doing that?

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A.

I would consult with our trademark claims

people who handle the trademark complaints.
Q.

Okay.

And before your deposition today,

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did you consult with any of the people who handle the

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trademark claims?

OPPAPP000042

Page 9
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Q.

Okay.

And so what is the trademark

policy with regards to the domain names themselves?
A.

The policy there, the UDRP as it is

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called is that if someone disputes someone's

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registration of a domain name, you know, we cannot

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take action on the domain name until we have been

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ordered by ICANN approved arbitration forum or a

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court in a competent jurisdiction, if we are

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contacted.

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And we will maintain the status quo as is

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part of the policy which would mean locking the

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domain name, preventing any further modifications to

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it, not disabling the site, but preventing further

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changes to registration, changes to the name servers

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or where other hosting is pointing to.

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And then in the future when we are

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provided a filed court order or a decision from one

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of these arbitration forums, we'll follow it

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accordingly as the policy describes how to implement.

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Q.

Okay.

Do you know what policy was

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applied to the trademark claim submitted by Petronas

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in December 2009 to Go Daddy regarding the domain

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name petronastower.net?

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A.

I do not.

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Q.

Okay.

Do you know what policy was

OPPAPP000043

Page 10
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applied to the trademark claim submitted by Petronas

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in July 2010 related to the domain name

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petronastowers.net?

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A.

I do not.

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Q.

Were you at all involved with Go Daddy's

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handling of Petronas' trademark claim related to the

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domain name petronastower.net?

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MS. KLAUSNER:

Can I just make an

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objection to what you mean by claim.

Do you mean

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something that was to Go Daddy itself or a claim made

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in court?

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rather than the other.

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BY MR. CLARK:

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Q.

I think the witness may be thinking of one

Okay.

So let's -- why don't you go ahead

and take a look at Exhibit 9.

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MS. KLAUSNER:

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THE WITNESS:

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It should be in order.
Okay.

BY MR. CLARK:

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Q.

I'm sorry, Exhibit 23.

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numbering.

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23.

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Two sets of

And why don't you take a look at Exhibit

can tell me what Exhibit 23 is?

And after you've done that, let me know if you

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A.

Could you repeat the question?

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Q.

Yeah, sure.

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A.

Exhibit 23 appears to be submission of a

What is Exhibit 23?

OPPAPP000044