Petroliam Nasional Berhad v., Inc.

Filing 174

STIPULATION AND ORDER ENTERING FINAL JUDGMENT ON PETRONAS'S CLAIMS AND DISMISSING GO DADDY'S COUNTERCLAIM WITHOUT PREJUDICE re 173 STIPULATION WITH PROPOSED ORDER Entering Final Judgment on Petronas's Claims & Dismissing Go Daddy's Counterclaim without Prejudice filed by Petroliam Nasional Berhad,, Inc., ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 2/16/12. (nah, COURT STAFF) (Filed on 2/16/2012)

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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 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 STIP AND [PROPOSED] ORDER ENTERING FINAL JUDGMENT REMANDING COUNTERCLAIM Case No. 4:09-cv-05939-PJH -1- CASE NO.: 09-CV-5939 PJH STIPULATION AND [PROPOSED] ORDER ENTERING FINAL JUDGMENT ON PETRONAS’S CLAIMS AND DISMISSING GO DADDY’S COUNTERCLAIM WITHOUT PREJUDICE Honorable Phyllis J. Hamilton 1 WHEREAS, on January 3, 2012 the Court granted the motion for summary judgment of 2 Defendant and Counterclaimant, Inc. (“Go Daddy”) as to all claims asserted by 3 Plaintiff and Counterclaim Defendant Petroliam Nasional Berhad (“Petronas”) in the above- 4 captioned litigation (“Petronas’s claims”) and denied GoDaddy’s motion for summary judgment 5 as to its counterclaim seeking to cancel Petronas’s PETRONAS AND DESIGN trademark 6 registration, U.S. trademark registration Reg. No. 2969707 (the “Trademark claim”); 7 8 WHEREAS, there is no just reason to delay entering final judgment in favor of Go Daddy as to Petronas’s claims; 9 WHEREAS, the only claim remaining in this lawsuit is the Trademark claim; 10 WHEREAS, Go Daddy previously asserted a claim substantially identical to the 11 Trademark claim in an action before in the United States Patent and Trademark Office, Trademark 12 Trial and Appeal Board (“TTAB”), entitled, Inc., v. Petroliam Nasional Berhad, 13 No. 92052741 (the “TTAB proceeding”); 14 15 WHEREAS, on June 7, 2011 the TTAB proceeding was suspended in deference to this lawsuit; and 16 17 WHEREAS, Go Daddy now seeks to voluntarily dismiss the Trademark claim without prejudice and to prosecute the remainder of the claim in the TTAB proceeding. 18 19 THEREFORE, the parties to this action, by and through their counsel, hereby STIPULATE AND AGREE that: 20 1. Pursuant to Federal Rule of Civil Procedure 54(b), the Court enter final judgment 21 for Go Daddy and against Petronas as to each and every claim asserted by Petronas in the above- 22 captioned litigation; 23 2. 24 /// 25 /// 26 /// 27 /// 28 The Court enter voluntary dismissal of the Trademark claim without prejudice; and /// STIP AND [PROPOSED] ORDER ENTERING FINAL JUDGMENT AND DISMISSAL W/O PREJUDICE Case No. 4:09-cv-05939-PJH -2- 1 3. Should the TTAB decline a request to lift the suspension of the TTAB proceeding, 2 then Go Daddy may advise this Court within 30 days of such TTAB decision and seek 3 rescheduling of trial of the Trademark claim before this Court. 4 5 Dated: February 16, 2012 LAW OFFICES OF PERRY R. CLARK 6 By: /s/ Perry Clark Perry Clark Attorneys for Plaintiff and Counterclaim Defendant PETROLIAM NASIONAL BERHAD 7 8 9 10 Dated: February 16, 2012 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 11 By: 12 13 14 15 /s/ David L. Lansky JOHN L. SLAFSKY DAVID L. LANSKY HOLLIS BETH HIRE 16 Attorneys for Defendant and Counterclaimant GO DADDY.COM, INC. 17 18 SIGNATURE ATTESTATION 19 I, David L. Lansky, hereby attest that all signatories to this document have consented to the 20 21 e-filing of this document. 22 23 Dated: February 16, 2012 By: /s/ David L. Lansky David L. Lansky 24 By: 27 RDERE IS SO O D Hon. Phyllis IT Hamilton J. United States Judge Phyllis J. HCourt Judge District amilton ER A -3- H STIP AND [PROPOSED] ORDER ENTERING FINAL JUDGMENT AND DISMISSAL W/O PREJUDICE Case No. 4:09-cv-05939-PJH LI RT 28 FO NO R NIA _ S Dated: S DISTRICT TE C TA RT U O 26 Pursuant to stipulation, it is SO ORDERED. UNIT ED 25 N F D IS T IC T O R C .

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