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

Filing 243

Attachment 1
Declaration of Ajay S. Krishnan in Support of 238 MOTION for Sanctions Notice of Motion and Motion for Terminating, Evidentiary, and Monetary Sanctions Against ABWF for Spoliation of Evidence filed byGoogle Inc., Google Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q# 18 Exhibit R# 19 Exhibit S (part 1)# 20 Exhibit S (part 2)# 21 Exhibit T# 22 Exhibit U# 23 Exhibit V# 24 Exhibit W# 25 Exhibit X)(Related document(s)238) (Krishnan, Ajay) (Filed on 12/26/2006)

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Google Inc. v. American Blind & Wallpaper Factory, Inc. Doc. 243 Att. 1 Case 5:03-cv-05340-JF Document 243-2 Filed 12/26/2006 Page 1 of 4 EXHIBIT A Dockets.Justia.com Case 5:03-cv-05340-JF ." Document 243-2 Filed 12/26/2006 Page 2 of 4 . KELLEY DRYE & WARREN LLP A LIMino LI"8ILITY PARTNEASHIP (:u SUSAN J. GREENSPON DIRECT LINE: (3121 857.7080 333 WEST WACKER DRIVE NEW YORK, NY WASHINGTON. DC TYSONS CORNER. VA LOS ANGELES. CA STAMFORD. CT PARSIPPANY, NJ CHICAGO, ILLINOIS 60606 (312) 857.7070 8RUSSELS, BELGIUM HONG KONG AFFILIATE OfFICES EMAll~ sgreensponl§kellevdrye,c:om BANGKOK. TtlAllANO JAKARTA. INDONESIA MUMBAI. INDIA TOKYO. JAPAN July 23, 2002 VIA FACSIMILE 650.618.1499 AND MAIL Ms. Alana Karen AdWords Trademark Complaints Google 2400 Bayshore Parkway Mountain View, CA 94043 Re: American Blind and Wallpaper Factory Trademark Comvlaints Dear Ms. Karen: We are trademark counsel to American Blind and Wallpaper Factory, Inc. d//a decoratetoday.com, Inc. ("ABWF"). In cOIUection therewith, it has come to our attention that several of ABWF's competitors have purchased advertising keywords from Google that are identical or substantially similar to ABWF's registered trademarks. We understand that ABWF contacted Google to resolve this issue and was informed that Google would rectify ths situation such competitors purchased ABWF's "full" trademark. only if As you probably know, federal and state trademark law protects a trademark owner's commercial identity (goodwil, reputation and investment in advertising) by giving such owner the exclusive right to use the trademark for its goods or services. What you may not know is that trademark law also protects the trademark owner from any person or entity that uses a trademark (i.e. keyword, word, name, symbol or device) that so resembles a trademark already in use as to be likely to cause confusion or mistake in the marketplace. Furhermore, federal law protects trademarks that are unegistered. ABWF is the owner of and has the exclusive rights to use the following trademarks registered with the United States Patent and Trademark Office ("USPTO"): ABWF 000573 ' CH02lCARTSIII016.3 Case 5:03-cv-05340-JF Document 243-2 Filed 12/26/2006 Page 3 of 4 KELLEY DRYE & WARREN LLP Ms. Alana Karen July 23, 2002 Page Two Mark ReI!. Number AMERICAN BLIN & 2,022,925 WALLPAPER ReI!. Date 12/17/96 FACTORY 1 1/3/87 AMERICAN BLIN FACTORY 1,463,548 DECORATETODA Y 2,470,542 (See enclosed web site pages from the USPTO), 7/17/01 ABWF is recognized and well known in the home decorating industr and to consumers nationwide as "American Blind" and "decoratetoday." Many of ABWF's competitors have exploited the notoriety and success of ABWF, and flagrantly attempted to confuse consumers and capitalize illegally on ABWF goodwil and reputation by purchasing identical or substantially similar keywords from search engines. ABWF has been vigilant in defending its marks from infrngement and dilution at all costs. As an example, ABWF was awarded in the matter of Decoratetoday.com, Inc. (d/b/a American Blind and Wallpaper Factory, Inc.) v. American Blind & Accessory Co., Inc. and Directory One, Inc., Case No. 0 l-CV -70804-DT, a Michigan, permanent injunction by the United States District Cour for the Eastern Distrct of permanently enjoining the defendants from using ABWF's "trademarks, service marks or the or combination with the word 'Blinds' either singular or word' American' in any varation the Permanent Injunction Order if you would plural..." We would be glad to send you a copy of like to read it in its entirety. Please note that ABWF was successful in defending not only its registered marks, but marks that were confusingly similar thereto. Consequently based upon the following similar marks by Google's advertisers constitutes law and precedent, use of federal infrngement of ABWF's registered marks: american blind american blind and wall covering american blind and wallpaper american blind and wallpaper co american blind and wallpaper company american blind and wallpaper discount american blind and wallpaper factory american blind and wallpaper,factory discount american blind and wallpaper outlet american blind company american blind discount american blind factory american blind wallpaper american blind wallpaper company american blind wallpaper factory american home decorating american wall covering american wallpaper american wallpaper and blind american wallpaper company american wallpaper discount american wallpaper factory americanblind americanblindfactory.com americanblindandwallpaperfactory ABWF 000574 CH02ICARTS/IIOI6.3 Case 5:03-cv-05340-JF Document 243-2 Filed 12/26/2006 Page 4 of 4 KELLEY DRYE & WARREN LLP Ms. Alana Karen July 23, 2002 Page Two americanomedecorating.com wallpaper american americanwallpaperfactory.com decorate today decorate today discount decorate today.com decoratetoday .com decoratetoday com decoratetodaycom decoratetoday.com decoratetoday cease sellng ABWF's In light ofthe foregoing, we request Google to immediately (a) proprietary marks and marks similar thereto (as set forth above), (b) remove such marks from all campaigns, and (c) remove all advertisers who have purchased such marks (including Wallpaper Wholesaler, Tuggles.net, ezblinds, USA Wallpaper, Window Designer, and Blinds Galore). Please contact the undersigned at (312) 857-7080 with regard to how you wish to proceed with this matter. Sincerely, ) ~=sporr. SG/sec Enclosures cc: Steve Katzman ABWF 000575 CH02/CARTSIII016.3

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