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)
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
Dockets.Justia.com
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
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NEW YORK. NY
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C¡'ICAGO, ILLINOIS EiOGOe
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DIRECT LINE: (312) 857.2501
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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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