Petroliam Nasional Berhad v., Inc.

Filing 87

ORDER by Judge Hamilton denying 77 Motion to Dismiss (pjhlc1, COURT STAFF) (Filed on 5/5/2011)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 PETROLIAM NASIONAL BERHAD, 11 For the Northern District of California United States District Court 10 Plaintiff, 12 v. 13 ORDER DENYING MOTION TO DISMISS GODADDY.COM, INC., 14 No. C 09-5939 PJH Defendant. _______________________________/ 15 16 The motion of defendant, Inc. (“GoDaddy”) for an order dismissing 17 the first amended complaint for failure to state a claim came on for hearing before this court 18 on May 4, 2011. Plaintiff Petroliam Nasional Berhad (“Petronas”) appeared by its counsel 19 Perry R. Clark, and GoDaddy appeared by its counsel John L. Slafsky and Hollis Beth Hire. 20 Having read the parties’ papers and carefully considered their arguments, and good cause 21 appearing, the court hereby DENIES the motion. 22 The court is unable to resolve a number of the issues raised in the present motion in 23 the absence of a developed record. Among other things, the court requires a record 24 clarifying the mechanics of what GoDaddy did or does with regard to the disputed domain 25 names, and what “forwarding” and “routing” are and whether either or both can be 26 considered part of domain name registration services generally or the services offered by 27 GoDaddy. In addition, while the court has certain reservations concerning the adequacy of 28 the pleading, it has concluded that dismissing the first amended complaint with leave to 1 amend, and then toiling through yet another round of briefing on motions to dismiss, would 2 not be productive. 3 4 The court will conduct a case management conference on Thursday, May 26, 2011, at 2:00 p.m. 5 6 IT IS SO ORDERED. 7 Dated: May 5, 2011 ______________________________ PHYLLIS J. HAMILTON United States District Judge 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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