Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc. et al

Filing 80

Declaration of J. Andrew Coombs in Support of 77 Memorandum in Opposition to Defendants' Motion for Summary Judgment; Exhibits thereto filed byLouis Vuitton Malletier, S.A.. (Attachments: # 1 Exhibit A; Exhibit B; Exhibit C; Exhibit D, # 2 Exhibit E; Exhibit F)(Related document(s) 77 ) (Coombs, J.) (Filed on 8/18/2008)

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J. Andrew Coombs (SBN 123881) [e-mail] Annie S. Wang (SBN 243027) [e-mail] J. Andrew Coombs, A Prof. Corp. 517 E. Wilson Ave., Suite 202 Glendale, California 91206 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Louis Vuitton Malletier, S.A. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN JOSE) Louis Vuitton Malletier, S.A., Plaintiff, v. Akanoc Solutions, Inc., et al. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: C 07 3952 JW DECLARATION OF ROBERT L. HOLMES IN SUPPORT OF OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT Date: September 8, 2008 Time: 9:00 a.m. Courtroom 8, 4th Floor

Louis Vuitton v Akanoc, et al.: Holmes Declaration in Support of Opposition to Defendants' Motion for Summary Judgment

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DECLARATION OF ROBERT L. HOLMES I, Robert L. Holmes, declare as follows: 1. I am a private detective and the principal of IPCybrcrime.com, LLC ("IPCybercrime"). IPCybercrime is located in Plano, Texas, and specializes in intellectual property investigations on the Internet. I have over 25 years of experience investigating counterfeiters on the internet and identifying involved parties. Except as otherwise stated to the contrary, I have personal knowledge of the following facts and, if called as a witness, I could and would competently testify as follows. 2. Beginning in or around 2007, I began investigating a number of websites selling allegedly counterfeit goods of Louis Vuitton which were hosted at IP addresses allocated to the Defendants in this case. I had heard of Defendants prior to receiving this assignment from Louis Vuitton as Defendants have been found by me to have hosted other infringing websites selling counterfeits of other companies' goods. From my experience and research in investigations of online counterfeiting, I understand Defendants have a reputation for hosting websites that specialize in counterfeiting as well as spam activities. 3. On or about May 15, 2007, I began investigating the website bag4sell.com at IP Address 204.13.66.161 which was offering suspect Louis Vuitton products. On or about that date, I confirmed that bag4sell.com was being hosted by Akanoc Solutions, Inc. I confirmed that bag4sell.com was hosted by Akanoc Solutions, Inc. using at least three different methods of verification, including the "pinging" method. On or about May 15, 2007, an order was placed for a sample of Louis Vuitton product and was received by my office on or about May 30, 2007. The contact for this purchase was [e-mail] and [e-mail]. The return address stated the product originated from Guangdong, China. The payee for this purchase was Jinxiu Fang. This purchase was later forwarded for review by Louis Vuitton.

Louis Vuitton v Akanoc, et al.: Holmes Declaration in Support of Opposition to Motion for Summary Judgment

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4. On or about May 15, 2007, I began investigating the website innike.com at IP Address 205.209.165.82 which was offering suspect Louis Vuitton products. On or about that date, I confirmed that innike.com was being hosted by Managed Solutions Group, Inc. I confirmed that innike.com was hosted by Managed Solutions Group, Inc. using at least three different methods of verification, including the "pinging" method. On or about May 15, 2007, an order was placed for a sample of Louis Vuitton product and was received by my office on or about May 30, 2007. The contact for this purchase was [e-mail] and [e-mail]. The return address stated the product originated from Foshan, China. The payee for this purchase was Siyi Wang. This purchase was later forwarded for review by Louis Vuitton. 5. On or about May 15, 2007, I began investigating the website soapparel.com at IP Address 204.16.192.244 which was offering suspect Louis Vuitton products. On or about that date, I confirmed that soapparel.com was being hosted by Akanoc Solutions, Inc. I confirmed that soapparel.com was hosted by Akanoc Solutions, Inc. using at least three different methods of verification, including the "pinging" method. On or about May 15, 2007, an order was placed for a sample of Louis Vuitton product and was received by my office on or about May 30, 2007. The contact for this purchase was "Vivian" and email address [e-mail]. The return address stated the product originated from Guangdong, China. The payee for this purchase was Si Yi Wang. This purchase was later forwarded for review by Louis Vuitton. 6. On or about May 22, 2007, I began investigating the website wendy929.net at IP Address 204.13.69.140 which was offering suspect Louis Vuitton products. On or about that date, I confirmed that wendy929.net was being hosted by Akanoc Solutions, Inc. I confirmed that wendy929.net was hosted by Akanoc, Solutions Inc. using at least three different methods of verification, including the "pinging" method. On or about May 22, 2007, an order was placed for a sample of Louis Vuitton product and was received by my office on or about June 26, 2007. The
Louis Vuitton v Akanoc, et al.: Holmes Declaration in Support of Opposition to Motion for Summary Judgment

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contact for this purchase was [e-mail]. The return address stated the product originated from Shanghai, China. The payee for this purchase was Weiliang Zhang. This purchase was later forwarded for review by Louis Vuitton. 7. On or about May 31, 2007, I began investigating the website famous-shop.com at IP Address 205.209.143.93 which was offering suspect Louis Vuitton products. On or about that date, I confirmed that famous-shop.com was being hosted by Managed Solutions Group, Inc. I confirmed that famous-shop.com was hosted by Managed Solutions Group, Inc. using at least three different methods of verification, including the "pinging" method. On or about May 31, 2007, an order was placed for a sample of Louis Vuitton product and was received by my office on or about August 7, 2007. The contact for this purchase was [e-mail]. The return address was illegible, however, the payee for this purchase was Qiaolin Zhang. This purchase was later forwarded for review by Louis Vuitton. 8. On or about June 5, 2007, I began investigating the website pickyourgoods.com at IP Address 205.209.165.84 which was offering suspect Louis Vuitton products. On or about that date, I confirmed that pickyourgoods.com was being hosted by Managed Solutions Group, Inc. I confirmed that pickyourgoods.com was hosted by Managed Solutions Group, Inc. using at least three different methods of verification, including the "pinging" method. On or about June 5, 2007, an order was placed for a sample of Louis Vuitton product and was received by my office on or about June 26, 2007. The contact for this purchase was "Rose" with email [e-mail]. The return address stated the product originated from Xingtai, China. The payee for this purchase was Linxiao Wang. This purchase was later forwarded for review by Louis Vuitton. 9. On or about June 28 2007, I began investigating the website watchnreplica.net at IP Address 66.79.176.207 which was offering suspect Louis Vuitton products. On or about that date,
Louis Vuitton v Akanoc, et al.: Holmes Declaration in Support of Opposition to Motion for Summary Judgment

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I confirmed that watchnreplica.net was being hosted by Managed Solutions Group, Inc. I confirmed that watchnreplica.net was hosted by Managed Solutions Group, Inc. using at least three different methods of verification, including the "pinging" method. On or about June 27 2007, an order was placed for a sample of Louis Vuitton product and was received by my office on or about July 24, 2007. The contact for this purchase was [e-mail]. The return address was in Chinese. However, the payee for this purchase was HK NEWENDER E-BUSINESS C TSIM SHAT SUI HK. This purchase was later forwarded for review by Louis Vuitton. 10. On or about July 26, 2007, I began investigating the website replica-ebags.com at IP Address 204.16.193.146 which was offering suspect Louis Vuitton products. On or about that date, I confirmed that replica-ebags.com was being hosted by Akanoc Solutions, Inc. I confirmed that replica-ebags.com was hosted by Akanoc Solutions, Inc. using at least three different methods of verification, including the "pinging" method. On or about July 26, 2007, an order was placed for a sample of Louis Vuitton product and was received by my office on or about August 14, 2007. The contact for this purchase [e-mail]. The return address stated the product originated from Hunan, China. The payee for this purchase was T24CC.COM. This purchase was later forwarded for review by Louis Vuitton. 11. On or about July 27, 2007, I began investigating the website watchesreplica.net at IP Address 204.16.193.146 which was offering suspect Louis Vuitton products. On or about that date, I confirmed that watchesreplica.net was being hosted by Akanoc Solutions, Inc. I confirmed that watchesreplica.net was hosted by Akanoc Solutions, Inc. using at least three different methods of verification, including the "pinging" method. On or about July 27, 2007, an order was placed for a sample of Louis Vuitton product and was received by my office on or about August 14, 2007. The contact for this purchase was [e-mail]. The return address stated the product

Louis Vuitton v Akanoc, et al.: Holmes Declaration in Support of Opposition to Motion for Summary Judgment

originated from Hunan, China. The payee for this purchase was Tujian Zhou. This purchase was later forwarded for review by Louis Vuitton.
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12. On or about October 15, 2007, I began investigating the website guccifendi.com at IP Address 204.16.194.103 which was offering suspect Louis Vuitton products. On or about that date, I confirmed that guccifendi.com was being hosted by Akanoc Solutions, Inc. I confirmed that guccifendi.com was hosted by Akanoc Solutions, Inc. using at least three different methods of verification, including the "pinging" method. On or about October 25, 2007, an order was placed for a sample of Louis Vuitton product and was received by my office on or about November 13, 2007. The contact for this purchase was [e-mail]. The return address stated the product originated from Beijing, China. The payee for this purchase was Yangla Li. This purchase was later forwarded for review by Louis Vuitton. 13. On or about October 15, 2007, I began investigating the website luxury2us.com at IP Address 204.16.193.105 which was offering suspect Louis Vuitton products. On or about that date, I confirmed that luxury2us.com was being hosted by Akanoc Solutions, Inc. I confirmed that luxury2us.com was hosted by Akanoc Solutions, Inc. using at least three different methods of verification, including the "pinging" method. On or about October 25, 2007, an order was placed for a sample of Louis Vuitton product and was received by my office on or about November 6, 2007. The contact for this purchase was [e-mail]. The return address was in Chinese. The payee for this purchase was Li Liu. This purchase was later forwarded for review by Louis Vuitton. 14. On or about October 15, 2007, I began investigating the website rrgnl.com at IP Address 205.209.180.88 which was offering suspect Louis Vuitton products. On or about that date, I confirmed that rrgnl.com was being hosted by Managed Solutions Group, Inc. I confirmed that rrgnl.com was hosted by Managed Solutions Group, Inc. using at least three different methods
Louis Vuitton v Akanoc, et al.: Holmes Declaration in Support of Opposition to Motion for Summary Judgment