Petroliam Nasional Berhad v. GoDaddy.com, Inc.

Filing 43

MOTION to Relate Case 10-CV-03052 filed by Petroliam Nasional Berhad. (Clark, Perry) (Filed on 7/20/2010)

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Petroliam Nasional Berhad v. GoDaddy.com, Inc. Doc. 4 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 PERRY R. CLARK, State Bar No. 197101 Law Offices of Perry R. Clark 3457 Cowper St. Palo Alto, CA 94306 Telephone: (650) 248-5817 Facsimile: (650) 618 8533 perry@perryclarklaw.com Attorney for Plaintiff PETROLIAM NASIONAL BERHAD (PETRONAS) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA PETROLIAM NASIONAL BERHAD, Plaintiff, vs. GODADDY.COM, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 09-CV-5939 PJH UNOPPOSED AMINISTRATIVE MOTION FOR ORDER RELATING CASES UNOPPOSED AMINISTRATIVE MOTION FOR ORDER RELATING CASES CASE NO.: 09-CV-5939 PJH Dockets.Justia.com 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 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. 10-CV-03052 EDL as defined in Civil L.R. 3-12(a). MOTION FOR ORDER RELATNG CASES Plaintiff Petronas requests that this Court issue an order relating this action to Case No. 10CV-03052 EDL. Defendant GoDaddy does not oppose this motion. Both of these actions concern the trademark rights of Plaintiff Petronas in connection with certain domain names registered by a third party with Defendant GoDaddy. In this action--which was filed first--Plaintiff Petronas alleges, among other things, that the domain name "PETRONASTOWER.NET" infringes its federally registered trademark "PETRONAS" and that Defendant GoDaddy is liable as a contributory infringer for its role in maintaining the registration of and refusing to disable the domain name. 1 Plaintiff Petronas also believes that Defendant GoDaddy's maintenance of and refusal to disable the domain name "PETRONASTOWERS.NET" support its claims in this action. In the later filed case, Case No. 10-CV-03052 EDL, Plaintiff Petronas seeks a judgment in rem under 15 U.S.C. 1125(D) transferring the "PETRONASTOWERS.NET" domain name to Plaintiff Petronas. Although GoDaddy is not a defendant in that case, GoDaddy is (or will soon be) required under 15 U.S.C. 1125(D) to deposit certain information with the Court regarding its On March 26, 2010, the Court issued a stipulated order (Docket No. 34) relating this case to Case No. 10-CV-00431 EMC, which also dealt with the domain name "PETRONASTOWER.NET" and which was terminated with the issuance of a final judgment (Docket No. 15) on June 15, 2010. -2UNOPPOSED AMINISTRATIVE MOTION FOR ORDER RELATING CASES CASE NO.: 09-CV-5939 PJH 1 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 control and authority over the disposition of the "PETRONASTOWERS.NET" domain name due to GoDaddy's position as the domain name registrar. A proposed stipulated order deeming this case related to Case No. 10-CV-03052 EDL has been lodged and filed concurrently with this motion as required by Civil L.R. 7-12. Dated: July 20, 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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