Petroliam Nasional Berhad v. GoDaddy.com, Inc.

Filing 31

MOTION Order Relating Cases filed by Petroliam Nasional Berhad. (Clark, Perry) (Filed on 3/24/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Perry R. Clark, Esq. Law Offices of Perry R. Clark 1245 Hamilton Avenue Palo Alto, CA 94301 Telephone: (650) 248-5817 Facsimile: (650) 248-5816 perry@perryclarklaw.com Attorney for Plaintiff PETROLIAM NASIONAL BERHAD UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) PETROLIAM NASIONAL BERHAD, ) CASE NO: 09-CV-5939 PJH ) Plaintiff, ) ) vs. ) ) GODADDY.COM, INC., ) UNOPPOSED AMINISTRATIVE ) MOTION FOR ORDER RELATING Defendant. ) CASES ) ) ) UNOPPOSED AMINISTRATIVE MOTION FOR ORDER RELATING CASES Case No: 09-CV-5939 PJH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF MOTION TO ALL PARTIES AND COUNSEL OF RCORD: Please take notice that pursuant to Civil Local Rule 7-11 Plaintiff Petroliam Nasional Berhad ("Plaintiff" or "Petronas") hereby moves this Court to consider whether this action is related to Case No. C10-00431 EMC under Civil L.R. 3-12. MOTION FOR ORDER RELATNG CASES Plaintiff Petronas requests that this Court issue an order relating this action to Case No. C10-00431 EMC. Defendant GoDaddy does not oppose this motion. Both of these actions concern the domain name "petronastower.net" and concern both of the parties in this action: Plaintiff Petronas and Defendant GoDaddy. In this action--which was filed first--Plaintiff Petronas alleges, among other things, that the "petronastower.net" domain name infringes its federally registered trademark "PETRONAS" and that Defendant GoDaddy is liable as a contributory infringer for its role in maintaining the registration of the "petronastower.net" domain name. In the later filed case, Case No. C10-00431 EMC, Plaintiff Petronas seeks a judgment in rem under 15 U.S.C. 1125(D) transferring the "petronastower.net" domain name to Plaintiff Petronas. Although GoDaddy is not a defendant in that case, GoDaddy is required under 15 U.S.C. 1125(D) to deposit certain information with the Court regarding its control and authority over the disposition of the "petronastower.net" domain name due to GoDaddy's position as the domain name registrar of the "petronastower.net" domain name. GoDaddy provided this information to Plaintiff Petronas on February 9, 2010 for filing with the Court. A proposed stipulated order deeming this case related to Case No. C10-000431 EMC has been lodged and filed concurrently with this motion as required by Civil L.R. 7-12. -2UNOPPOSED AMINISTRATIVE MOTION FOR ORDER RELATING CASES Case No: 09-CV-5939 PJH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: March 24, 2010 LAW OFFICES OF PERRY R. CLARK By: /s/ Perry R. Clark Perry R. Clark . Attorney for Plaintiff PETROLIAM NASIONAL BERHAD -3UNOPPOSED AMINISTRATIVE MOTION FOR ORDER RELATING CASES Case No: 09-CV-5939 PJH

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