Petroliam Nasional Berhad v. GoDaddy.com, Inc.

Filing 95

Declaration of John L. Slafsky in Support of 94 MOTION to Amend/Correct 89 Answer to Amended Complaint -- DEFENDANT'S MOTION FOR LEAVE TO AMEND ANSWER TO ADD COUNTERCLAIM AND ADDITIONAL AFFIRMATIVE DEFENSE -- MOTION to Amend/Correct 89 Answer to Amended Complaint -- DEFENDANT'S MOTION FOR LEAVE TO AMEND ANSWER TO ADD COUNTERCLAIM AND ADDITIONAL AFFIRMATIVE DEFENSE -- -- DECLARATION OF JOHN L. SLAFSKY IN SUPPORT OF DEFENDANT'S MOTION FOR LEAVE TO AMEND ANSWER TO ADD COUNTERCLAIM AND ADDITIONAL AFFIRMATIVE DEFENSE -- filed byGoDaddy.com, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 94 ) (Slafsky, John) (Filed on 6/30/2011)

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JOHN L. SLAFSKY, State Bar No. 195513
DAVID H. KRAMER, State Bar No. 168452
HOLLIS BETH HIRE, State Bar No. 203651
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
GoDaddy.com, Inc.
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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CASE NO: 09-CV-5939 PJH
DECLARATION OF JOHN L.
SLAFSKY IN SUPPORT OF
DEFENDANT’S MOTION FOR
LEAVE TO AMEND ANSWER TO
ADD COUNTERCLAIM AND
ADDITIONAL AFFIRMATIVE
DEFENSE

I am a partner at Wilson Sonsini Goodrich & Rosati counsel for Defendant

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GoDaddy.com, Inc. (“Go Daddy”) in this matter. I have personal knowledge of the facts in this

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declaration, and if called as a witness I could competently testify to them.

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2.

Attached hereto as Exhibit A is a true and correct copy of Go Daddy’s proposed

Amended Answer and Counterclaim.
3.

Attached hereto as Exhibit B is a true and correct copy of Go Daddy’s July 12,

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2010 petition to the Trademark Trial and Appeal Board for cancellation of the PETRONAS &

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Design registration (No. 2969707). This petition initiated cancellation proceeding no. 92052714

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between Go Daddy and Petroliam Nasional Berhad (“Petronas”), the Plaintiff in this action.

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DECLARATION OF JOHN L. SLAFSKY IN SUPP. OF
MOTION FOR LEAVE TO AMEND

CASE NO: 09-CV-5939 PJH

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4.

Attached hereto as Exhibit C is a true and correct copy of the TTAB’s June 7, 2011

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order suspending Cancellation Proceeding No. 92052714 pending final disposition of this federal

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action.

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Soon after the TTAB issued its June 7, 2011 order, I spoke with Petronas’ counsel

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and requested that Petronas consent to Go Daddy filing an amended answer and counterclaim to

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address the issues involved in the cancellation proceeding. On June 10, 2011, Petronas’ counsel

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informed me that Petronas does not consent to Go Daddy filing an amended answer and

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counterclaim. Attached hereto as Exhibit D is a true and correct copy of a June 10, 2011 email

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sent by Petronas’ counsel, Perry Clark.

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I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed at Palo Alto, California on June 30, 2011.

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By:

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/s/ John L. Slafsky
John L. Slafksy

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DECLARATION OF JOHN L. SLAFSKY IN SUPP. OF
MOTION FOR LEAVE TO AMEND

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CASE NO: 09-CV-5939 PJH