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

Filing 243

Attachment 13
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. 13 Case 5:03-cv-05340-JF Document 243-14 Filed 12/26/2006 Page 1 of 3 EXHIBIT M APR 1-0 2006 5: i 6 PM FR !,rl.LEY DRYE e. liARREN54 i 0538 T0 814153877 i 88 Case 5:03-cv-05340-JF Document 243-14 Filed 12/26/2006 Page 2 of 3 P.02 KELLEY DRYE & WARRE N LL.P A l.IHIT£D LI"~I~I~T ,.A..TNEftSHIP 333 WEST WACKER DRIVE NEW YORK. NY WAS'lINGTON. DC SUITE 2800 C¡'ICAGO, ILLINOIS EiOGOe (312) S57-7070 F..CSIMILE C'.:IZ!) 1!~"'."'C:Io;ii: TY$QN-C CORNER. V.. STAMFORO. CT ØAASIPPANY, N.J DIRECT LINE: (312) 857.2501 ll"'U5SELS, BELGIUM EMAIL! Aij:jCU.IAT£ O"'t".CI!~ .JAKART... INOOkE9tA MUMS"".INg,.. April 10, 2006 VIA FACSIMILE Ajay S. Krshnan Keker& VanNest 710 Sanome Street San Fracisco, CA 94111-1704 Re: Google Inc. v. Amercan Blind & Wallpaper Factory. Inc. Dear Ajay: This responds to your correspondence of March 28,2006 and regardig Google's disputes over American Blind's respnses to Google's Firt Set of for Production of Mach 16,2006 Requests Documents and Thngs. First, the documents produced were produced as they are kept in the ordinar course of business. American Blid wil be producing additional documents, as referenced herein, as they are kept in the ordinar course of business. Unlke Google'$ producon, American Blind's production is not volumnous. Thus~ we believed that you would have no diffcultly ascertaiing that they were produced as they ar kept in the ordinar coure of business and to whioh of YOUr requests the documents responded. We are afforded the option to Civil Procedure. Ooogle, however, was under a court order to match the Bates range to the specific request. As an accommodation, we wil provide you with simlar explanations as to whose files and/or where the documents came from; consistent with the level ofinfonnationprovided to us by Ham in the coure of produce our documents in this maner under the Federal Rules of Google's production. Klaus Second, with regard to the fincîal documents requested in your March 16,2006 letter, we will produce responsive, non-privileged documents. . Third, with regard to documents ilustrating American Blind's first commercial use of any ofthe American Blind mar, American Blind wil produce responsive, nonpnvileged documents. CI IOIIPI .ATC/207923. i APR i~ 2006 5: 16 PM FR Krl.LEY DRYE e. liARREN54 i 0538 T0 8 i 4 i 53877 i 88 Case 5:03-cv-05340-JF Document 243-14 Filed 12/26/2006 Page 3 of 3 P.03 KELLEY DRYE & WARREN LLp Ajay S. Krshnan April 10, 2006 Page Two Fourh, with regard to American Blid's selection of the decision regarding Amercan Blind's name was made many year the Amercan Blind marks, ago and was not documented at that time. The marks were selected based on the corprate name chosen. Accordingly, no responsive documents exists as to the selection of the Amercan Blind name and resulting marks. We, however, ar producing non-privileged documents relating to the clearace and adoption of each mark. Fift, with regard to American Blind's responses to Requests 13 and 14, Amercan Blid wil produce responsive, non-privileged documents regardig its advertsing expendtures. The point of the statement that '4American Blind's advertising expeditures ar not necessaly separated to reflect advertising expenditures for products and services sold though the America Blind domain nae as opposed to though other chanels". was merely to inform you of the scope and relevance ofthe infonnation in oUr possession. Sixth, with regard to Google'S reuest for douments relatig to researh, analysis, or investigation as to American Blind's decision on how to nae its business, as addresse above, no responsive documents exist on name selection. We are curently in receipt of some, but not all, of to produce and wil be sending them out for Bates labeling and copying once we have reeived the full set of the documents. We wil provide you with copies of the documents that we intend the above-referenced documents as soon as practicable. Sincerely, Carlie C. Flater ~f¿~ CCP;ccp cc: David A. Ramelt C"H01Ipr.A TCI07923.1 ** TOTAl PAc:F. V1:1 **

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