Petroliam Nasional Berhad v. GoDaddy.com, 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, GoDaddy.com, 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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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: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant
GODADDY.COM, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PETROLIAM NASIONAL BERHAD,

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Plaintiff,

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vs.

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GODADDY.COM, INC.,

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Defendant.

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GODADDY.COM, INC.,
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Counterclaimant,
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vs.
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PETROLIAM NASIONAL BERHAD,
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Counterclaim Defendant.
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STIP AND [PROPOSED] ORDER ENTERING FINAL
JUDGMENT REMANDING COUNTERCLAIM
Case No. 4:09-cv-05939-PJH

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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

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WHEREAS, on January 3, 2012 the Court granted the motion for summary judgment of

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Defendant and Counterclaimant GoDaddy.com, Inc. (“Go Daddy”) as to all claims asserted by

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Plaintiff and Counterclaim Defendant Petroliam Nasional Berhad (“Petronas”) in the above-

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captioned litigation (“Petronas’s claims”) and denied GoDaddy’s motion for summary judgment

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as to its counterclaim seeking to cancel Petronas’s PETRONAS AND DESIGN trademark

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registration, U.S. trademark registration Reg. No. 2969707 (the “Trademark claim”);

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WHEREAS, there is no just reason to delay entering final judgment in favor of Go Daddy
as to Petronas’s claims;

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WHEREAS, the only claim remaining in this lawsuit is the Trademark claim;

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WHEREAS, Go Daddy previously asserted a claim substantially identical to the

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Trademark claim in an action before in the United States Patent and Trademark Office, Trademark

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Trial and Appeal Board (“TTAB”), entitled GoDaddy.com, Inc., v. Petroliam Nasional Berhad,

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No. 92052741 (the “TTAB proceeding”);

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WHEREAS, on June 7, 2011 the TTAB proceeding was suspended in deference to this
lawsuit; and

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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.

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THEREFORE, the parties to this action, by and through their counsel, hereby STIPULATE
AND AGREE that:

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1.

Pursuant to Federal Rule of Civil Procedure 54(b), the Court enter final judgment

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for Go Daddy and against Petronas as to each and every claim asserted by Petronas in the above-

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captioned litigation;

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2.

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The Court enter voluntary dismissal of the Trademark claim without prejudice; and

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STIP AND [PROPOSED] ORDER ENTERING FINAL
JUDGMENT AND DISMISSAL W/O PREJUDICE
Case No. 4:09-cv-05939-PJH

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3.

Should the TTAB decline a request to lift the suspension of the TTAB proceeding,

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then Go Daddy may advise this Court within 30 days of such TTAB decision and seek

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rescheduling of trial of the Trademark claim before this Court.

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Dated: February 16, 2012

LAW OFFICES OF PERRY R. CLARK

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By:

/s/ Perry Clark
Perry Clark
Attorneys for Plaintiff and Counterclaim
Defendant PETROLIAM NASIONAL BERHAD

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Dated: February 16, 2012

WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

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By:

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/s/ David L. Lansky
JOHN L. SLAFSKY
DAVID L. LANSKY
HOLLIS BETH HIRE
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant and Counterclaimant
GO DADDY.COM, INC.

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SIGNATURE ATTESTATION

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I, David L. Lansky, hereby attest that all signatories to this document have consented to the

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e-filing of this document.

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Dated: February 16, 2012

By:

/s/ David L. Lansky
David L. Lansky

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By:
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RDERE

IS SO O

D

Hon. Phyllis IT Hamilton
J.
United States Judge Phyllis J. HCourt Judge
District amilton
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STIP AND [PROPOSED] ORDER ENTERING FINAL
JUDGMENT AND DISMISSAL W/O PREJUDICE
Case No. 4:09-cv-05939-PJH

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Dated:

S DISTRICT
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Pursuant to stipulation, it is SO ORDERED.
UNIT
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