Video Professor, Inc. v. Amazon.com, Inc.

Filing 39

BRIEF in Opposition to 30 MOTION for Summary Judgment and Memorandum of Law in Support Thereof (Oral Argument Requested) filed by Plaintiff Video Professor, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Smith, Gregory) Modified on 11/20/2009 to remove repetitive text (sah2, ).

Video Professor, Inc. v. Amazon.com, Inc.

Doc. 39 Att. 8

EXHIBIT 8

Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 09-ev-00636-REB-KLM
VIDEO PROFESSOR, INC. a Colorado corporation, Plaintiff'.
V.

AMAZON.COM, INC.. a Delaware corporation, Defendant.

AFFIDAVIT OF NATHAN L. RUCKER
1, Nathan L. Rucker, being of lawful age and having personal knowledge of the facts stated below, declare under penalty of perjury under the laws of the State of Colorado that the foregoing is true and correct: 1. 1 am a Call Center and Tech Support Technician with Video Professor, Inc.

("V PI") and have been so employed for the past seven years. 2. I work in UPI's Customer Service Department and my responsibilities include

taking incoming calls from VP1 customers that have purchased VP1 products. 3. A number of these calls involve customers wanting to return these CDs to VP1 for

a refund or to avoid being charged for the purchase of the products. 4. On occasion I receive calls from individuals wanting to return products whose

customer names do not appear in our computer system as having purchased VPI products.

5.

In these cases, I will generally ask the customer to tell me the name of the product

that they believe they purchased from VPI, and probably every couple months or five times a year customers, if they have the product in front of them , they tell me "Professor Teaches." b, .ln those cases. l inform the consumer that Professor Teaches is not a VPI product

and suggest that they look for that name of the company can the CDs or on the material they received with the CDs and contact that company.
Further afllant sayeth naught.

) ) ss. COUNTY OF JEFFERSON ) STATE OF COLORADO The foregoing Affidavit was subscribed and sworn to before me this , 0 November 2009, by Nathan L. Rucker. day of

My Commission expires:

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