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

Filing 243

Attachment 3
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. 3 Case 5:03-cv-05340-JF Document 243-4 Filed 12/26/2006 Page 1 of 4 EXHIBIT C Case 5:03-cv-05340-JF Document 243-4 Filed 12/26/2006 Page 2 of 4 Case 5:03-cv-05340-JF Document 14-5 Filed 03/15/2004 Page 2 of 4 America ĦBlinds, Wallpaper & More 7/11/2003 VIA E-MAIL DELIVERY & READ REQUEST 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: Re: American Blinds. Wallpaper & More Trademark Claims Ms. Hagan: It has come to our attention that The Blind Factory has purchased advertising keywords from you that are identical or substantially similar to American Blinds, Wallpaper & More. ("ABWM") registered trademarks (see attached screenshots). ABWM is hereby notifying you of its trademark infrngement claims for prompt resolution. 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. Furthermore, federal law protects trademarks that are unregistered. ABWM is the owner of and has the exclusive rights to use the following trademarks registered with the United States Patent and Trademark Offce ("USPTO"): Mark Rei!. Number AMERICAN BLIN & 2,022,925 W ALLP APER FACTORY Rei!. Date 12/17/96 AMERICAN BLIN FACTORY 1,463,548 11/3/87 7/17/01 DECORATETODAY 2,470,542 ABWM is recognized and well known in the home decorating industry and to consumers nationwide as "American Blind", "American Wallpaper" and "decoratetoday." Many of ABWM's competitors have exploited the notoriety and success of ABWM, and flagrantly SEOKWVIOLA TION_ THEBLINDF ACTORY.doc 3/1512004 Page 1 00 Case 5:03-cv-05340-JF Document 243-4 Filed 12/26/2006 Page 3 of 4 Case 5:03-cv-05340-JF Document 14-5 Filed 03/15/2004 Page 3 of 4 American ĦBlinds, Wallpaper & More attempted to confuse consumers and capitalize ilegally on ABWM's goodwil and reputation by purchasing identical or substantially similar keywords from search engines. ABWM has been vigilant in defending its marks from infrngement and dilution at all costs. As an example, ABWM was awarded in the matter of, Inc. (d/b/a American Blind and Wallpaper Factory, Inc.) v. American Blind & Accessory Co., Inc. and Directory One, Inc., Case No. 01-CV-70804-DT, a permanent injunction by the United States District Court for the Eastern Michigan, permanently enjoining the defendants from using ABWM's "trademarks, District of service marks or the word' American' in any variation or combination with the word 'Blind' the Permanent Injunction either singular or pluraL..." We would be glad to send you a copy of Order if you would like to read it in its entirety. Please note that ABWM was successful in defending not only its registered marks, but marks that were confusingly similar thereto. law and precedent, use of the following similar marks by your Consequently based upon federal advertisers constitutes infrngement of ABWM's registered marks: american blind american blind and wallpaper american blind and wallpaper company american blind and wallpaper factory american blind and wallpaper outlet american blind discount american blind wallpaper american blind wallpaper factory american wall covering american wallpaper and blind american wallpaper discount american blind and wall covering american blind and wallpaper co american blind and wallpaper discount. . . Americanblind Americanblindandwallpaperfactory Americanwallpaper decorate today Decoratetoday decoratetoday .com american blind and wallpaper factory discount american blind company american blind factory american blind wallpaper company american home decorating american wallpaper american wallpaper company american wallpaper factory decorate today discount com decorate today. decoratetoday com Decoratetodaycom the foregoing, we request that you immediately cease selling ABWM's proprietary In light of marks and marks similar thereto (as set forth above) to The Blind Factory and immediately remove the referenced keywords from their program. In the event our request is not complied with in the next 7 days we wil have no choice but to involve our legal departent. I will follow up with a telephone call tomorrow to answer any questions that you may have and to confirm that you are going to comply with our request. Sincerely, SEOKWVIOLA TION_ THEBLINDFACTORY.doc 311 5/2004 Page 2 of 3 Case 5:03-cv-05340-JF Document 243-4 Filed 12/26/2006 Page 4 of 4 Case 5:03-cv-05340-JF Document 14-5 Filed 03/15/2004 Page 4 of 4 American Blinds, Wallpaper & More Joe Chamo Vice President Marketing, Advertising & E-Commerce American Blinds, Wallpaper & More 909 N Sheldon Plymouth, MI 48170 SEOKWV10LA TION _ THEBLINDF ACTOR Y.doc 3/15/2004 Page 3 00

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