Pacific Law Center et al v. Saadat-Nejad

Filing 55

MOTION for Permanent Injunction by Pacific Law Center. (Attachments: # 1 Memo of Points and Authorities in Support of Permanent Injunction# 2 Declaration of Edward J. McIntyre in Support of Permanent Injunction)(McIntyre, Edward)

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EDWARD J. MCINTYRE [SBN 80402] [e-mail] SOLOMON WARD SEIDENWURM & SMITH, LLP 401 B Street, Suite 1200 San Diego, California 92101 Telephone: [phone] Facsimile: [phone] Attorneys for Pacific Law Center and Solomon Ward Seidenwurm & Smith, LLP

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

PACIFIC LAW CENTER, a Professional Law Corporation; and SOLOMON WARD SEIDENWURM & SMITH, LLP, Plaintiffs, v. SHAHROKH SAADAT-NEJAD, an individual, Defendant.

CASE NO. 07-CV-00460 JLS (POR) DECLARATION OF EDWARD J. MCINTYRE IN SUPPORT OF PACIFIC LAW CENTER AND SOLOMON WARD SEIDENWURM & SMITH, LLP'S APPLICATION FOR A PERMANENT INJUNCTION Date: Time: Ctrm: March 28, 2008 10:30 a.m. 6, Third Floor

Hon. Janis L. Sammartino

P:317917.1:57122.003

07-CV-00460 JLS (POR) DECLARATION OF EDWARD J. MCINTYRE IN SUPPORT OF PACIFIC LAW CENTER AND SOLOMON WARD SEIDENWURM & SMITH, LLP'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION

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Edward J. McIntyre declares: 1. I am a member of this Court and a partner at Solomon Ward Seidenwurm & Smith,

LLP, counsel for Pacific Law Center and Solomon Ward and general counsel to the firm. I have personal knowledge of the facts in my declaration. 2. I represent Pacific Law Center both in this case and in an action in superior court,

Pacific Law Center v. Saadat-Nejad, Case No. GIC 878352. 3. Pacific Law Center is a San Diego professional law corporation, with a practice

emphasizing criminal, bankruptcy and personal injury cases. Pacific Law Center owns the trade name and service mark "Pacific Law Center" and the domain names "pacificlawcenter.com," "pacificlawcenter.net," "pacificlawcenter.org" and "pacificlawcenter.ws." 4. Pacific Law Center has used the exclusive trade name and service mark "Pacific

Law Center" in its professional business and in an extensive advertising and marketing campaign, including television, telephone business directories, print and various other media. 5. Pacific Law Center has built up valuable goodwill in its "Pacific Law Center"

service mark and trade name, and the public generally has come to associate its mark exclusively with Pacific Law Center's professional business in California. 6. Pacific Law Center has also used and advertised the internet domain names, and

operated internet sites at the addresses, "pacificlawcenter.com," "pacificlawcenter.net," "pacificlawcenter.org" and "pacificlawcenter.ws" to advertise and promote its activities as a law firm. 7. Saadat-Nejad hired Pacific Law Center, at the very last minute, to represent him in

a criminal matter. Pacific Law Center immediately jumped in. He then fired Pacific Law Center--as was his right. Pacific Law Center refunded all the money Saadat-Nejad's family had advanced, even though it had obviously earned some, if not all of, that retainer. 8. Shortly thereafter, Saadat-Nejad became dissatisfied with Pacific Law Center's

representation, terminated its representation of him and began a course of conduct, including posting disparaging comments about Pacific Law Center on the internet calculated to interfere with and damage it and its business operations.
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-107-CV-00460 JLS (POR) DECLARATION OF EDWARD J. MCINTYRE IN SUPPORT OF PACIFIC LAW CENTER AND SOLOMON WARD SEIDENWURM & SMITH, LLP'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION

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9.

On September 20, 2006, Saadat-Nejad registered and obtained ownership of the

internet domain name "pacificlawcenters.com," which is confusingly similar to the internet domain names registered to Pacific Law Center and sites it uses. 10. He maintained registration of the internet domain name of, and operated the

internet site at, "pacificlawcenters.com" with the intent of (1) intercepting actual and potential clients of Pacific Law Center and the general public who use internet search engines "key word" search features which would otherwise lead them to Pacific Law Center's internet site(s), (2) intercepting consumers who have added the letter "s" to Pacific Law Center's true internet site name(s) in attempting to find plaintiffs internet site; and (3) once consumers enter Saadat-Nejad's internet site, exposing them to its content, which is intended and designed to disparage and harm the goodwill of Pacific Law Center, attempt to dissuade actual and potential clients from doing business with Pacific Law Center and to entice them to communicate by email with Saadat-Nejad and to visit another internet site which is owned and operated by Saadat-Nejad under the internet domain name "ushostage.com." 11. Saadat-Nejad has made clear that he will not stop using the Pacific Law Center

mark and tradename. He further made clear that he intended to continue his vendetta against Pacific Law Center arising out of its representation of him in state court. 12. Saadat-Nejad, through a lawyer purporting to represent him, told Pacific Law

Center that unless it pays him $500,000 he will continue to use its domain name. Saadat-Nejad reiterated that threat at a meeting at Solomon Ward's office. 13. Pacific Law Center knows that it has lost clients as a result of Saadat-Nejad's

misappropriation of its trade name and its domain name. 14. Solomon Ward Seidenwurm & Smith, LLP is a professional law corporation in San

Diego, that is, and has been for 30 years, known and practicing throughout California and across the country. 15. Solomon Ward has used the exclusive service marks and trade names "Solomon

Ward Seidenwurm & Smith" and "Solomon Ward" in its professional business. Solomon Ward has registered the internet domain names "swsslaw.com" and "solomonward.com" and has P:317917.1:57122.003 -207-CV-00460 JLS (POR)

DECLARATION OF EDWARD J. MCINTYRE IN SUPPORT OF PACIFIC LAW CENTER AND SOLOMON WARD SEIDENWURM & SMITH, LLP'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION

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operated internet sites at swsslaw.com to make the public aware of its professional practice. 16. Solomon Ward has over the years built up valuable goodwill in its service marks

and trade names and the general public has come to associate those names exclusively with Solomon Ward's professional practice in San Diego, throughout California and across the nation. 17. On March 10 or 11, 2007, Saadat-Nejad obtained a confusingly similar domain

name "solomonwardlawfirm.com." 18. Saadat-Nejad maintained registration of that internet domain name and operated the

internet site at solomonwardlawfirm.com with the intent of (1) intercepting actual and potential clients of Solomon Ward and the general public who use internet search engines' "keyword" search features which would otherwise lead them to Solomon Ward's internet sites; (2) intercepting clients who have added "law firm" to Solomon Ward's true internet site name in an attempt to find Solomon Ward; and (3) once clients enter Saadat-Nejad internet site, exposing them to its conduct which is intended and designed to disparage and harm the goodwill of Solomon Ward, attempting to dissuade actual and potential clients from doing business with Solomon Ward and to entice them to communicate by email with Saadat-Nejad and to visit another internet site which is owned and operated by Saadat-Nejad under the internet domain name "ushostage.com." He has also registered and used solomonwardsandiego.com. 19. Saadat-Nejad has made clear that he will not stop using the Solomon Ward mark

and trade name. He further made clear that he intended to continue his vendetta against Solomon Ward because it represented Pacific Law Center in both the state and this action. 20. Saadat-Nejad, through a lawyer purporting to represent him, told Pacific Law

Center that unless it pays him $500,000 he will continue to use its domain name. Saadat-Nejad reiterated that threat at the meeting Friday evening at Solomon Ward's office. 21. used. 22. Pacific Law Center and Solomon Ward have already suffered irreparable harm as a Solomon Ward has already had inquiries about the pirate site that Saadat-Nejad has

result of Saadat-Nejad's conduct and they will continue to suffer irreparable harm unless this Court stops him. There is no way accurately to determine the whole of the harm that SaadatP:317917.1:57122.003 -307-CV-00460 JLS (POR)

DECLARATION OF EDWARD J. MCINTYRE IN SUPPORT OF PACIFIC LAW CENTER AND SOLOMON WARD SEIDENWURM & SMITH, LLP'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION

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Nejad has done to Pacific Law Center and Solomon Ward and their reputation and the reputation of their attorneys. As a result, money damages are inadequate to repair that harm. In that respect, Pacific Law Center and Solomon Ward have suffered and continues to suffer irreparable harm and will do so until this Court stops Saadat-Nejad. I declare on penalty of perjury under the laws of the State of California and United States of America that the facts set forth in this declaration are true and correct, based on my own personal knowledge, and that I executed this declaration in San Diego, California on November 15, 2007 at San Diego, California. /s/ Edward J. McIntyre_________________ EDWARD J. MCINTYRE

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-407-CV-00460 JLS (POR) DECLARATION OF EDWARD J. MCINTYRE IN SUPPORT OF PACIFIC LAW CENTER AND SOLOMON WARD SEIDENWURM & SMITH, LLP'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION

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P:317917.1:57122.003

CERTIFICATE OF SERVICE I caused the DECLARATION OF EDWARD J. MCINTYRE IN SUPPORT OF PACIFIC LAW CENTER AND SOLOMON WARD SEIDENWURM & SMITH, LLP'S APPLICATION FOR A PERMANENT INJUNCTION to be served in the following manner: Electronic Mail Notice List The following are those who are currently on the list to receive e-mail notices for this case. Electronic Mail Notice List NONE. The following party who is not on the list to receive e-mail notices for this case. He therefore requires manual noticing, via Federal Express: Shahrokh Saadat-Nejad 3713 Mt. Ashmun Place San Diego, CA 92111 VIA FEDERAL EXPRESS /s/ Edward J. McIntyre__ EDWARD J. MCINTYRE ________

-507-CV-00460 JLS (POR) DECLARATION OF EDWARD J. MCINTYRE IN SUPPORT OF PACIFIC LAW CENTER AND SOLOMON WARD SEIDENWURM & SMITH, LLP'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION