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

Filing 243

Attachment 2
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. 2 Case 5:03-cv-05340-JF Document 243-3 Filed 12/26/2006 Page 1 of 6 EXHIBIT B Dockets.Justia.com Case 5:03-cv-05340-JF Case 5:03-cv-05340-JF Document 243-3 Document 14-3 Filed 12/26/2006 Filed 03/15/2004 Page 2 of 6 Page 2 of 2 From: Sent: To: Cc: Rose Hagan (hagan(Çgoogle.comJ Thursday, September 26, 2002 9:41 AM bills(Idecoratetoday.com Lbalkovich(IGoogle. Com Keywords Subject: Dear Bill: This follows our telephone conversation today. As we discussed, Google would be able to prevent others from using as keywords your trademarks "American Blind and Wallpaper Factory," "American Blind Factory" and "DecorateToday." However, we could not prevent people from using the descriptive terms American blind, American wallpaper, or other. formatives. In addition, due to Google's broad matching algorithm, ads with the keyword "blind" or "wallpaper" may appear when someone runs a search for "American Blind and Wallpaper Factory." I hope this is helpful. Please let us know if you have questions. Sincerely, Rose A. Hagan Senior Trademark Counsel Google 2400 Bayshore Pkwy Mountain View, CA 94043 Phone: 650-330-0100 ext. 1560 Fax: 650-618-1806 .Email: hagan~googie.com 1 Case 5:03-cv-05340-JF Case 5:03-cv-05340-JF Document 243-3 Document 14 Filed 12/26/2006 Filed 03/15/2004 Page 3 of 6 Page 2 of 2 From: Manishin, Glenn - - - - -Original Message- - - -- Sent: Friday, January 10, 2003 12:52 PM To: Kulpreet Rana (kulpreet~google. com) Subject: FW: American Blind and Wallpaper Factory, Inc. FYI. I sent this to Miriam as she told me it i S her bailiwick at Google. Best regards, Glenn -----Original Message----- From: Manishin, Glenn Sent: Friday, January 10, 2003 12:51 PM To: Miriam Rivera (miriam~google. com) Cc: Greenspon, Susan Subj ect: American Blind and Wallpaper Factory, Inc,. Miriam: You may recall our conversation last Summer about Google i s sale of paid-links in connection with a client of Kelley Drye' s Chicago office, American Blind and Wallpaper Factory, Inc. d/b/a decoratetoday. com, Inc. ("ABWF"). Since it was in both our interests to avoid a conflict, you explained that Google routinely deals with situations in which a third-party claims a trademark right to a certain mark by ceasing sales of links using that mark to others. 'That was the understanding of my Chicago Partner, Susan Greenspon, who traded'voicemails with Kulpreet in connection with correspondence from ABWF to Google dated 7/23/02. This message is to ask that you look into this situation again. Susan is informed by ABWF that Google is still selling sponsored links to eBay and USAWallpaper. com using the keywords "American Blind and Wallpaper Factory f 11 which are registered trademarks of ABWF. As my I explained on the phone, we hope this can be resolved, per what I understand is Google i s customary practice, without the need for any formal cease-and-desist demands or other unpleasantness. matter directly. Glenn I've copied Susan Greenspon on this e-mail¡ she can be reached at (312) 857-7080 if you need further information or would like to discuss the Thanks in advance for your cooperation and assistance. Glenn B. Manishin Kelley Drye & Warren LLP gmanishin~kelleydrye. com AIM - - GMan55 AccuCard - - https: / /ww.cardscan.net/v/? id=983B3S/j 4nLaAnBnkwv1Pvv1 7g= 2 Case 5:03-cv-05340-JF Case 5:03-cv-05340-JF Document 243-3 Document 14 Filed 12/26/2006 Filed 03/15/2004 Page 4 of 6 Page 2 of 2 11 OutBolufI MessåRe Froml"AdWord Support" .qdwords-suppcrl($google.com; Date: r-i ..1 To: joe.chamo(ádecoratetoday .com Wed, 21 Aug 200322:20:54 -0700 LocahWed, Aug 27 200310:20 pm DurstloDl3:0i miutes Subjecti (#35661 64l Ooogle AdWordi Trademark Colaint Hello Joe, Thank you for notifyng US of a possible imroper use of your tradeark in certm Google AdWords ads. As stated in our Tenn and Conditions, advertisers aIe responsible for the keywords Bnd ad text that th~y choos~ to use. As a courtsy to trademrk ownes, however, we do investigate such mattrs. When we receive a complaint from a trademark owner, we flIst detenne wbat ads appear wh~n the trademakod term is imtered as a s~iireh query on Google. We review the COntent of those ads to enaure thiit they are not misleadi or improperly usin the trademark as a keyword trgger. If they are, we diable those keywords from the ad camaign We believe th rere~ents a fiiit balance of eaoh paiiis interests. In ths instance) we searched with your trademk, 'Amenoa.n Blind Factory' and detemùed tht the ad in,question does use your traderk as a keyword trigger. Rather, this ad appears when 'Blind FaCTOry' is entered as a search quer, Ths a.d is not using your trdemked term B! a keyword trgger; but using 'Blind Factory' as a keyword t:gger, We believe it is appropriate for ths ad to be trggered if the non-trademake ten 'Blind Factory' is entered lI par of II search query. Aocordingly, we wil take no furtei: action. We do, however, review the cönte1u cif such adi to enure that they do not ml¡¡leiid others into believin they corrspond to the trademark owiiet! company. Afr all, it is n.Ot our intention to display misleading ads. In this partioular case, we have not foud that to be an issue. Please feel fre to emal usatadword8-sJ.p¡.~ngle.comif you have additioiial questions or concern. Slnciirely, The Ooogle AdWords Team t....1t+-..1r-1...._ I"..~ ____1. ""--I,."" i.~../k_". i.., l\,.A,J''P,,'1-l..~~~l"nnri:iiß,."h''v~~=.,i:'IR,.l' 1 i /1 a/.,riri': Case 5:03-cv-05340-JF Case 5:03-cv-05340-JF Document 243-3 Document 14-7 Filed 12/26/2006 Filed 03/15/2004 Page 5 of 6 Page 2 of 3 ---------- Forwarded message ---------From: Manishin, Glenn ~gmanishin~kelleydryé. com~ Date: Wed Nov 12 11: 38: 08 PST 2003 Subj ect: FW: American Blind and Wallpaper Factory, Inc. To: kulpreet~googie. com, amac~google. com Kulpreet, Alex: This is the situation referenced in my voicemails to Kulpreet. The failure to take down the search ad listings sold to third-parties for American Trademark Complaint Procedures (http://ww.google.com/tm complaint. html) . Blind r s registered trademarks seems to directly contradict Google i s posted Our client is quite upset about the matter, which has been at issue for more than a year without progress, and has asked us to prepare a Vuitton-type lawsuit if the matter cannot be resolved. I of course would like to avoid i Case 5:03-cv-05340-JF Case 5:03-cv-05340-JF Document 243-3 Document 14-7 Filed 12/26/2006 Filed 03/15/2004 Page 6 of 6 Page 3 of 3 that ¡ we value Google as a client and very much hope we can continue to represent you on other matters in the future. Please call me to discuss. Thanks much. Glenn From: Manishin, Glenn -----Original Message----- Sent: Friday, January 10, 2003 12: 52 PM To: Kulpreet Rana (kulpreet~google. com) Subj ect: FW: American Blind and Wallpaper Factory, Inc. FYI. I sent this to Miriam as she told me it i S her bailiwick at Google. Best regards, Glenn From: Manishin, Glenn - - - - -Original Message - - - -- Sent: Friday, January 10, 2003 12:51 PM To: Miriam Rivera (miriam~google. com) Cc: Greenspon, Susan Subj ect: American Blind and Wallpaper Factory, Inc. Miriam: You may recall our conversation last Summer about Google' s sale of paid-links in connection with a client of Kelley Drye i s Chicago office, American Blind and Wallpaper Factory, Inc _ d/b/a decora tetoday. com, Inc. ("ABWF"). Since it was in both our interests to avoid a conflict, you explained that Google routinely deals with situations in which a third-party claims a trademark right to a certain mark by ceasing sales of links using that mark to others. That was the understanding of my Chicago Partner, Susan Greenspon, who traded voicemails with Kulpreet in connection with correspondence from ABWF to Google dated 7/23/02. USAWallpaper. com using the keywords "American Blind and Wallpaper Factory f " which are registered trademarks of ABWF. As my I explained on the phone, we hope this can be resolved, per what I understand is Google i s customary practice, without the need for any formal cease-and-desist demands or other This message is to ask that you look into this situation again. Susan is informed by ABWF that Google is still selling sponsored links to eBay and unpleasantness. matter directly. Glenn I've copied Susan Greenspon on this e-mail¡ she can be reached at (312) 857-7080 if you need further information or would like to discuss the Thanks in advance for your cooperation and assistance. Glenn B. Manishin Kelley Drye & Warren LLP gmanishin~kelleydrye. com AIM - - GMan55 AccuCard -- https:/ /ww.cardscan.net/v/?id=983B3S/j 4nLaAnBnkwv1Pvv1 7g= 2

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