Google Inc. v. American Blind & Wallpaper Factory, Inc.

Filing 188

Attachment 16
Declaration of Ajay S. Krishnan In Support of Counter-Defendant Google Inc.'s Motion to Compel Counter-Plaintiff ABWF To Satisfy Outstanding Discovery Obligations filed byGoogle Inc., Google Inc.. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15 # 16 # 17 # 18 # 19)(Krishnan, Ajay) (Filed on 9/7/2006)

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Google Inc. v. American Blind & Wallpaper Factory, Inc. Doc. 188 Att. 16 Case 5:03-cv-05340-JF Document 188-17 Filed 09/07/2006 Page 1 of 4 ...'. .... .. .. .....ExhibitP.... ....... .. . .. .. .. . .... :',":', '.' ..... .," ....~. '. - ",-. ... .", .... .........: ; .:....:. :"~ ".., .:...; ~.."" .....'. .,. ":: ': ~ ~:.:.; - .. . ..-. ..:",.," ",.: ',."., :" ..... . ..... ': '.". :. '," ",' .... "'. .....:.. ....:..:. ....: ':" "": ....:. .. ....: .....:....:. . . ": ",::. ".... . -". . ". . : , . ": ':': ' '", ~. . . '.' . . '". .: . ." :" . . .' .' .' ." ." '. .... . ." ~. '. '. . . . .. , .. .. .-' ," ..-. .... . ".. . .. . .. '. ...,."- -. . . . .' . ".. -, Dockets.Justia.com Case 5:03-cv-05340-JF Document 188-17 Filed 09/07/2006 Page 2 of 4 '- REDACTED . ATTORN-cIEN PRIVIL£GE - .a .; ~----Original Message----- . From: Britton Mauchline (mailto: brittonegoogle. com) Sent: Friday, February. 07, 2003.3: 41 PM To: bydesignalrbcg. com .Cc: Jeff Edwards; Kimberli_ Heard Subject: RE: Google/USA Wallp~per/ABWF Hi Tammy- I have submitted to add the negative kws .'blind' and' factory' that wi 11 prevent your ads fro~ coming up when someone searches on 'American Blind & Wallpaper Factory'. Have. a great weekend! - -Google Client Services Specialist 401 N. Michigan Ave. l1200 Britton -Mauchline -Chicago, IL 60611 _ 'britton8google. com ~maiito:britton8google.co~ 312.840.8261 - P . 312.~840.8?89 - f -~---Original Message----- From: USA Wallpaper (mailto:bydesignelrbcg.coml To: Britton Mauchline . Page 1 Sent: Monday, February 03, 2003 5:02 PM ABWF 001308 Subject: RE: - Google/USA Wallpaper/ABWF BØØØØ24 Case 5:03-cv-05340-JF Document 188-17 Filed 09/07/2006 Page 3 of 4 Google email re negative kw - Hi Britton: . We have a problem that I need your assistance with. As I think you are aware, our coinpetitor, American Blind and Wallpaper Factory, has stated to both you and .Overture that. they will not allow any advertise search term "American Blind & Wallpaper" or combination.o r to use the f. ,..; I received an email from Google stating this (see below) so I know you _ are aware of this. We had no problem with that. . Today again our listing was showing up under "American Blind & Wallpap er Factory" and "American Blind & wallpaper Co." as sponsored . - . removed immediately, as they are threatening to sue us. listing in Premium. My guess is those are being thrown in as freebies to satisfy the impressions in the campaign? Those ads need to be ,, . We got our trademark attorney involved and there is no problem with us using the search term "American wallpaper" because that describes a product and they do not own the trademark on a descriptive phrasß such as that. However, all our terms for their trademark names "American . . Tammy Blind- & Wallpaper" "American Blir:d & Wallpaper Factory" and "Decorate -roday" must be removed immediately. Can you assist? USA Wallpaper 1-800-573-5824 . maii to: bydesignalrbcg. com http://www.usawallpaper.com -----Or iginalMessage----From: Britton Mauchline fmailto:brittonØgoogle. com) Sent: Tuesday, January 07,200312:06 PM To: USA Wallpaper Cc: Jeff Edwards SubjeGt: Google/USA Wallpaper/ABWF Hi Tammy- Just wanted to touch base with you now that it i S a brand new year and great things with your Premium campaign r Your we're seeing such CTRs have been steadily climbing and are pow between 10-12% when they the results had been between 6-8% before. I hope you're seeing on your end as well! On anothe~ note, American Blind & Wallpaper Factory has recently had G oogle remove all advertisers from their trademarked terms: American. Blind and wallpaper Factory, Decoratetoday and American Blind Factory. They have also requested to add the negative kws "Blind" and "Factory" to the kw "american wallpaper.' you have running in your campaigns so your ads will not appear on a query for their Page 2 ABWF 001309 . - ,. SØØØØZ5 Case 5:03-cv-05340-JF Document 188-17 Filed 09/07/2006 Page 4 of 4 Thanks so much for your help and I. look are going for you so far this year!' campaigns. ng these negatives to that kw in both your Premium and AWS trademarked brand. Please let me know if you would be amenable to addi forward to hearing how things Google email re negative kw Britton Mauchline Client Services sP~ciålist Google . Chicago, IL 60611 '. .312.840.8261 - p :312.840.8289 - f 401 N. Michigan Ave. #1200 brittonØgoogle. com ~mail to: bri ttonØgoogle. com~ (This E-mail scanned for viruses by (T.hi s E-mail scanned for viruses by i LRBCG. COM, LRBCG. COM, LRBCG. COM, Inc ~ J Inc. J (This E-mail scanned for viruses by . (This E-mail scanned for viruses by Inc-~ J Inc. J LRBCG. COM, P a g-e 3 ABWF 001310 a000026

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