Petroliam Nasional Berhad v., Inc.

Filing 168

Administrative Motion for Entry of Final Judgment on Petronas's Claims and Voluntary Dismissal of Go Daddy's Counterclaim Without Prejudice re 165 Order on Motion for Extension of Time to File, Order on Stipulation filed by, Inc.. Responses due by 2/13/2012. Replies due by 2/21/2012. (Attachments: # 1 Declaration David Lansky Declaration ISO Administrative Motion, # 2 Exhibit A to David Lansky Declaration ISO Administrative Motion, # 3 Exhibit B to David Lansky Declaration ISO Administrative Motion, # 4 Proposed Order)(Lansky, David) (Filed on 1/30/2012) Modified on 1/31/2012 (vlk, COURT STAFF).

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1 2 3 4 5 6 JOHN L. SLAFSKY, State Bar No. 195513 DAVID L. LANSKY, State Bar No. 199952 HOLLIS BETH HIRE, State Bar No. 203651 WILSON SONSINI GOODRICH & ROSATI PROFESSIONAL CORPORATION 650 Page Mill Road Palo Alto, CA 94304 Telephone: (650) 493-9300 Fax: (650) 493-6811 7 8 Attorneys for Defendant / Counterclaimant GODADDY.COM, INC. 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 PETROLIAM NASIONAL BERHAD, 13 Plaintiff, 14 vs. 15 GODADDY.COM, INC., 16 Defendant. 17 18 GODADDY.COM, INC., 19 Counterclaimant, 20 vs. 21 PETROLIAM NASIONAL BERHAD, 22 Counterclaim Defendant. 23 24 25 26 27 28 [PROPOSED] ORDER ENTERING FINAL JUDGMENT AND DISMISSING COUNTERCLAIM W/O PREJUDICE Case No. 4:09-cv-05939-PJH ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 09-CV-5939 PJH [PROPOSED] ORDER ENTERING FINAL JUDGMENT ON PETRONAS’S CLAIMS AND DISMISSING GO DADDY’S COUNTERCLAIM WITHOUT PREJUDICE Date: Time: Courtroom: December 7, 2011 9:00 a.m. 3 Honorable Phyllis J. Hamilton 1 On January 3, 2012 the Court granted the motion for summary judgment of Defendant and 2 Counterclaimant, Inc. (“Go Daddy”) as to all claims asserted by Plaintiff and 3 Counterclaim Defendant Petroliam Nasional Berhad (“Petronas”) in the above-captioned litigation 4 (“Petronas’s claims”) and denied GoDaddy’s motion for summary judgment as to its counterclaim 5 seeking to cancel Petronas’s PETRONAS AND DESIGN trademark registration, U.S. trademark 6 registration Reg. No. 2969707 (the “Trademark claim”). 7 8 9 The Court finds no just reason to delay entering final judgment in favor of Go Daddy as to Petronas’s claims. With the dismissal of Petronas’s claims, the only claim remaining in this lawsuit is the 10 Trademark claim. Go Daddy previously asserted a claim substantially identical to the Trademark 11 claim in an action before in the United States Patent and Trademark Office, Trademark Trial and 12 Appeal Board (“TTAB”), entitled, Inc., v. Petroliam Nasional Berhad, No. 13 92052741 (the “TTAB proceeding”) which was subsequently suspended in deference to this 14 lawsuit. Go Daddy now seeks to voluntarily dismiss the Trademark claim without prejudice and 15 to litigate the remainder of the claim in the TTAB proceeding. 16 Accordingly, IT IS HEREBY ORDERED that: 17 1. Pursuant to Federal Rule of Civil Procedure 54(b), the Court enters final judgment 18 for Go Daddy and against Petronas as to each and every claim asserted by Petronas in the above- 19 captioned litigation; 20 21 22 2. Pursuant to Federal Rule of Civil Procedure 41(a)(2), the Court enters Go Daddy’s voluntary dismissal of the Trademark claim without prejudice; and 3. Should the TTAB for any reason decline a request to lift the suspension of the 23 TTAB proceeding, then Go Daddy may advise this Court within 30 days of such TTAB decision 24 and seek rescheduling of trial of the Trademark claim before this Court. 25 26 Dated: ___________________ ___________________________ 27 Phyllis J. Hamilton United States District Judge 28 [PROPOSED] ORDER ENTERING FINAL JUDGMENT AND DISMISSING COUNTERCLAIM W/O PREJUDICE Case No. 4:09-cv-05939-PJH -1-

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