STELOR PRODUCTIONS, INC. v. OOGLES N GOOGLES et al

Filing 287

RESPONSE in Opposition re 276 MOTION for Protective Order, filed by Defendant OOGLES N GOOGLES FRANCHISING LLC. (Attachments: # 1 Exhibit 1- First Int. to Stelor, # 2 Exhibit 2- First RFP to Stelor, # 3 Exhibit 3- Second Int. to Stelor, # 4 Exhibit Second RFP to Stelor, # 5 Exhibit 5- Googles logo trademark registration, # 6 Exhibit 6- Aorora agreement (partial), # 7 Exhibit 7- Silvers agreement with Stelor, # 8 Exhibit 8- Silvers creative consultant agreement with Stelor, # 9 9- Silvers letter, # 10 Exhibit 10- Silvers Googles project, # 11 Exhibit 11- Business entity status report, # 12 Exhibit 12- Book printing order form, # 13 Exhibit 13- Stelor directors and investors 2004, # 14 Exhibit 14- Di Muccio (investor) letter, # 15 Exhibit 15- police run report, # 16 Exhibit 17- Stelor profit and loss statement, # 17 Exhibit 17- Stelor royalty statement, # 18 Exhibit 18- Stelor motion for injunction against Silvers, # 19 Exhibit 19- Silvers attorney letter to Stelor attorney, # 20 Exhibit 20- Silvers e-mail to Esrig, # 21 Cover Sheet for Sealed Document 21- Silvers e-mail to Esrig, # 22 Exhibit Silvers letter to Esrig, # 23 Exhibit 23- Silvers letter to Stelor attorney, # 24 Exhibit 25- Stelor v. Silvers 2004 lawsuit, # 25 Exhibit 25- Silvers answer to Stelor 2004 lawsuit, # 26 Exhibit 26- Silver-Stelor settlement agreement, # 27 Exhibit 26- Stelor v. Silvers 2005 lawsuit, # 28 Exhibit 28- Silvers v. Stelor 2005 lawsuit, # 29 Exhibit 29- Silvers (now Stelor) v. Google, Inc. lawsuit, # 30 Exhibit 30- Stelor reply brief in 2005 lawsuit against Silvers, # 31 Exhibit 31- Stelor privilege log in Google case, # 32 Exhibit 32- Vaughan May 23 e-mail to Merz, # 33 Text of Proposed Order)(Vaughan, Stephen)

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION STELOR PRODUCTIONS LLC Plaintiff v. OOGLES N GOOGLES FRANCHISING LLC, et. al.
Defendants

) ) ) ) ) ) Case Number: 1:05-CV-0354-DFH-TAB ) ) ) )
) ) )

DEFENDANTS' SECOND INTERROGATORIES TO PLAINTIFF All Defendants, except those that have not been served with process, by counsel, respectfully submit the following Interrogatories pursuant to F.R.C.P. 33 to be answered by Plaintiff within (30) days: DEFINITIONS "Stelor" means Stelor Productions, Inc. and/or Stelor Productions, LLC.

"Oogles n Googles" means Oogles n Googles Franchising LLC

"Googles logo" refers to the word and design federally registered as a trademark as Registration No. 2,087,590.

Exhibit 3

"Stelor's marks" means the Googles logo, the word Googles used as a word mark, the word mark Oogle, the word mark Oggle, and/or the word mark Iggle.

"Googles branded" means placed into the stream of commerce or offered for sale with the Googles logo, the word Googles, the word Oogle, the word Oggle, and/or the word Iggle used as a trademark to identify the source or origin of goods or services.

INTERROGATORIES 25. Please state whether a company named Stelor LLC, Maryland Department of Assessment and Taxation I. D. No. W11176153, is related to or affiliated with Stelor. Please also respond fully to subparts (a)-(i) even if your answer is "None" or a similar response. ANSWER:

a. Describe fully the nature of Stelor LLC's business, including in your answer all goods and services sold or offered for sale by Stelor LLC. ANSWER:

b.

Describe fully the nature of the business relationship between Stelor LLC and Stelor. ANSWER:

c. State the principal place of business of Stelor LLC. 2

ANSWER:

d. State the names, addresses, and phone numbers, and titles for both The Stelor LLC and Stelor of all shared officers and/or managers of The Stelor LLC and Stelor. ANSWER:

e. State the names, addresses, and phone numbers of all shared directors of Stelor LLC and Stelor. ANSWER:

f. State the names, addresses, and phone numbers of all investors with investments of in both Stelor LLC and Stelor. . ANSWER:

g. State the names, addresses, and phone numbers of all shared employees of Stelor LLC and Stelor. ANSWER:

h.

Identify all contracts or agreements between Stelor LLC and Stelor (in sufficient detail for Defendants to prepare a Request for Production) that pertain to Stelor's marks, Googles branded goods or services, or lawsuits pertaining to Stelor's marks and/or Googles branded goods or services. ANSWER:

3

i.

State which, if any, of the goods or services identified in subpart (a) were or are sold marked with any of Stelor's marks and state which mark was placed on the goods, services, or packaging thereof. ANSWER:

26. Please state whether a company named Stelor Investors LLC, Maryland Department of Assessments and Taxation I. D. No. W1194966, is related to or affiliated with Stelor. Please also respond fully to subparts (a) ­ (i) even if your answer is "None" or a similar response. ANSWER:

a. Describe fully the nature of Stelor Investors LLC's business, including in your answer all goods and services sold or offered for sale by Stelor Investors LLC. ANSWER:

b. Describe fully the nature of the business relationship between Stelor Investors LLC and Stelor. ANSWER:

c. State the principal place of business of Stelor Investors LLC. ANSWER:

4

d. State the names, addresses, and phone numbers, and titles for both Stelor Investors LLC and Stelor of all shared officers and/or managers of Stelor Investors LLC and Stelor. ANSWER:

e. State the names, addresses, and phone numbers of all shared directors of Stelor LLC and Stelor. ANSWER:

.

f. State the names, addresses, and phone numbers of all investors with investments of both Stelor Investors LLC and Stelor. ANSWER:

g. State the names, addresses, and telephone numbers of all shared employees of Stelor Investors LLC and Stelor ANSWER:

.

h. Identify all contracts or agreements between Stelor Investors LLC and Stelor (in sufficient detail for Defendants to prepare a Request for Production) that pertain to Stelor's marks, Googles branded goods or services, or lawsuits pertaining to Stelor's marks and/or Googles branded goods or services. ANSWER:

5

i. State which, if any, of the goods or services identified in subpart (a) were or are sold marked with any of Stelor's marks and state which mark was placed on the goods, services, or packaging thereof. ANSWER:

27.

Please state whether a company named Stelpro Investors LLC, Maryland Department of Assessments and Taxation I .D. No. W1194966, is related to or affiliated with Stelor. Please also respond fully to subparts (a) ­ (i) even if your answer is "None" or a similar response. ANSWER:

a. Describe fully the nature of Stelpro Investors LLC's business, including in your answer all goods and services sold or offered for sale by Stelpro Investors LLC. ANSWER:

b. Describe fully the nature of the business relationship between Stelpro Investors LLC and Stelor. ANSWER:

c. State the principal place of business of Stelpro Investors LLC. ANSWER:

6

d. State the names, addresses, and phone numbers, and titles for both Stelpro Investors LLC and Stelor of all shared officers and/or managers and of Stelpro Investors LLC and Stelor. ANSWER:

e. State the names, addresses, and phone numbers of all shared directors of Stelpro Investors LLC and Stelor ANSWER:

.

f. State the names, addresses, and phone numbers of all investors with investments in both Stelpro Investors LLC and Stelor. ANSWER:

g. State the names, addresses, and phone numbers of all shared employees of Stelor Investors LLC and Stelor. ANSWER:

h. Identify all contracts or agreements between Stelpro Investors LLC and Stelor (in sufficient detail for Defendants to prepare a Request for Production) that pertain to Stelor's marks, Googles branded goods or services, or lawsuits to Stelor's marks and/or Googles branded goods or services. ANSWER:

7

i. State which, if any, of the goods or services identified in subpart (a) were or are sold marked with any of Stelor's marks and state which mark was placed on the goods or services, or packaging thereof. ANSWER:

28.

Please state whether a company named The Stelor Group Limited, LLC, Maryland Department of Assessments and Taxation I. D. No. Z22534344, is related to or affiliated with Stelor. Please also respond fully to subparts (a) ­ (i) even if your answer is "None" or a similar response. ANSWER:

a. Describe fully the nature of The Stelor Group Limited, LLC business, including in your answer all goods and services sold or offered for sale by The Stelor Group Limited, LLC. ANSWER:

b. Describe fully the nature of the business relationship between The Stelor Group Limited, LLC and Stelor. ANSWER:

c. State the principal place of business of The Stelor Group Limited, LLC. ANSWER:

8

d. State the names, addresses, and phone numbers, and titles for both The Stelor Group Limited, LLC and Stelor of all shared officers and/or managers of The Stelor Group limited, LLC and Stelor. ANSWER:

e. State the names, addresses, and phone numbers of all shared directors of The Stelor Group Limited, LLC and Stelor. ANSWER:

.

f. State the names, addresses, and phone numbers of all investors with investments in both The Stelor Group Limited, LLC and Stelor. ANSWER:

g. State the names, addresses, and phone numbers of all shared employees of and The Stelor Group Limited, LLC and Stelor. ANSWER:

.

h. Identify all contracts or agreements between The Stelor Group Limited, LLC and Stelor (in sufficient detail for Defendants to prepare a Request for Production) that pertain to Stelor's marks, Googles branded goods or services, or lawsuits pertaining to Stelor's marks and/or Googles branded goods or services. ANSWER:

9

i. State which, if any, of the goods or services identified in subpart (a) were or are sold marked with any of Stelor's marks and state which mark was placed on the goods, services, or packaging thereof. ANSWER:

29. Please state whether a company named Stelor Productions I, LLC, a Delaware limited liability company, is related to or affiliated with Stelor. Please also respond fully to subparts (a) ­ (i) even if your answer is "None" or a similar response. ANSWER:

a. Describe fully the nature of Stelor Productions I, LLC's business, including in your answer all goods and services sold or offered for sale by Stelor Productions I, LLC. ANSWER:

b. Describe fully the nature of the business relationship between Stelor Productions I, LLC and Stelor. ANSWER:

c. State the principal place of business of Stelor Productions I, LLC. ANSWER:

10

d. State the names, addresses, and phone numbers, and titles for both Stelor Productions I, LLC and Stelor of all shared officers and/or managers of Stelor Productions I, LLC and Stelor. ANSWER:

e. State the names, addresses, and phone numbers of all shared directors of Stelor Productions I, LLC and Stelor. ANSWER:

.

f. State the names, addresses, and phone numbers of all investors with investments in both Stelor Productions I, LLC and Stelor. ANSWER:

g. State the names, addresses, and phone numbers of all shared employees of Stelor Productions I, LLC and Stelor ANSWER:

h. Identify all contracts or agreements between Stelor Productions I, LLC and Stelor (in sufficient detail for Defendants to prepare a Request for Production) that pertain to Stelor's marks, Googles branded goods or services, or lawsuits pertaining to Stelor's marks and/or Googles branded goods or services. ANSWER:

11

i. State which, if any, of the goods or services identified in subpart (a) were sold or are marked with any of Stelor's marks and state which mark was placed on the goods, services, or packaging thereof. ANSWER:

30.

Please state whether a company named Stelor Technologies LLC, Maryland Department of Assessments and Taxation I. D. No. Z11534351, is related to or affiliated with Stelor. Please also respond fully to subparts (a) ­ (i) even if your answer is "None" or a similar response. ANSWER:

a. Describe fully the nature of Stelor Technologies LLC's business, including in your answer all goods and services sold or offered for sale by Stelor Technologies LLC. ANSWER:

b. Describe fully the nature of the business relationship between Stelor Technologies LLC and Stelor. ANSWER:

c. State the principal place of business of Stelor Technologies LLC. ANSWER:

12

d. State the names, addresses, and phone numbers, and titles for both Stelor Technologies LLC and Stelor of all shared officers and/or managers and of Stelor Technologies LLC and Stelor. ANSWER:

e. State the names, addresses, and phone numbers of all shared directors of Stelor Technologies LLC and Stelor. ANSWER:

.

f. State the names, addresses, and phone numbers of all investors with investments in both Stelor Technologies LLC and Stelor. ANSWER:

g. State the names, addresses, and phone numbers of all shared employees of Stelor Technologies LLC and Stelor ANSWER:

h. Identify all contracts or agreements between Stelor Technologies LLC and Stelor (in sufficient detail for Defendants to prepare a Request for Production) that pertain to Stelor's marks, Googles branded goods or services, or lawsuits pertaining to Stelor's marks and/or Googles branded goods or services. ANSWER:

13

i. State which, if any, of the goods or services identified in subpart (c) were or are sold marked with any of Stelor's marks and state which mark was placed on the goods, services, or packaging thereof. ANSWER:

31.

Please state whether a company named Goo Investments LLC is related to or affiliated with Stelor. Please also respond fully to subparts (a) ­ (j) even if your answer is "None" or a similar response. ANSWER:

a. Describe fully the nature of Goo Investments LLC's business, including in your answer all goods and services sold or offered for sale by Goo Investments LLC. ANSWER:

b. Describe fully the nature of the business relationship between Goo Investments LLC and Stelor. ANSWER:

c. State the principal place of business of Goo Investments LLC. ANSWER:

d. State the names, addresses, and phone numbers, and titles of all officers and/or managers and of Goo Investments LLC

14

ANSWER:

e. State the names, addresses, and phone numbers of all directors of Goo Investments LLC. ANSWER:

f. State the names, addresses, and phone numbers of all investors with investments in both Goo Investments LLC and Stelor. ANSWER:

g. State the names, addresses, and phone numbers of all employees of Goo Investments LLC. ANSWER:

.

h. Identify all contracts or agreements between Goo Investments LLC and Stelor (in sufficient detail for Defendants to prepare a Request for Production) that pertain to Stelor's marks, Googles branded goods or services, or lawsuits pertaining to Stelor's marks and/or Googles branded goods or services. ANSWER:

i. State which, if any, of the goods or services identified in subpart (a) were or are sold marked with any of Stelor's marks and state which mark was placed on the goods, services, or packaging thereof. ANSWER: 15

j. Please identify the state (e.g. Delaware) under whose laws Goo Investments LLC was formed and set forth any state issued identification numbers (including the name of the issuing agency) for Goo Investments, LLC. ANSWER:

32.

Please describe full the business of Nikken, Inc. and Steven Esrig's business relationship with Nikken, Inc., including a description of the goods or services offered for sale by Nikken, Inc. and a description of the goods or services offered for sale by Steven Esrig.

ANSWER:

33.

Please state the following information regarding a company known as E.G.G. International, LLC:

a. The date E.G.G. International was formed. ANSWER:

16

b. Whether E.G.G. International, L.L.C, is or was a distributor, independent consultant or was otherwise affiliated with Nikken Inc., and if so, describe fully the nature of the relationship of E. G. G. International, LLC with Nikken, Inc. ANSWER:

c. Describe fully the nature of E. G. G. International, LLC's business including all goods and services sold or offered for sale by E. G. G. International, LLC. ANSWER:

d. Describe fully the nature of the business relationship between E. G. G. International, LLC and Stelor. ANSWER:

e. Describe fully the nature of the business relationship between E.G.G. International, LLC. and The Aurora Collection, Inc. ANSWER:

f. State whether E. G. G. International, LLC is still doing business, and if not, the date that E. G. G. International, LLC ceased doing business. ANSWER:

g. State the principal place of business of E. G. G. International, LLC. 17

ANSWER:

h. State the names, addresses, and telephone numbers, and titles for both E. G. G. International, LLC and Stelor of all shared officers and/or managers of E. G. G. International, LLC and Stelor. ANSWER:

i. State the names, addresses, and phone numbers of all shared directors of E. G. G. International, LLC and Stelor. ANSWER:

j. State the names, addresses, and phone numbers of all investors with investments in both E. G. G. International, LLC and Stelor. ANSWER:

k. State the names, addresses, and phone numbers of all shared employees of E. G. G. International, LLC and Stelor. ANSWER: l. State the names, addresses, and telephone numbers, and titles for both E.G.G. International, LLC and The Aurora Collection, Inc. of all shared Officers and/or managers of E.G.G. International, LLC and The Aurora Collection, Inc. ANSWER: 18

m. State the names, addresses, and phone numbers of all shared directors of E.G.G. International, LLC and The Aurora Collection, Inc. ANSWER:

n. State the names, addresses, and phone numbers of all investors with investments in both E.G.G. International, LLC and The Aurora Collection, Inc. ANSWER:

o. State the names, addresses, and phone numbers of all shared employees of E.G.G. International, LLC and The Aurora Collection, Inc. ANSWER:

p. Identify all contracts or agreements between E. G. G. International, LLC and Stelor. (in sufficient detail for Defendants to prepare a Request for Production) that pertain to Stelor's mark, Googles branded goods or services or lawsuits pertaining to Stelor's marks and/or to Googles' branded or services. ANSWER:

q. State which, if any, of the goods or services identified in subpart (c) were sold marked with any of Stelor's marks and state which mark was placed on the goods, services, or packaging thereof. 19

ANSWER:

r. Please identify the state (e.g. Delaware) under whose laws E. G. G. International, LLC was formed and set forth any state issued identification numbers (including name of the issuing agency) for E. G. G. International, LLC ANSWER:

s. If the letters "E", "G", and "G", in E.G.G. International's name are initials of one or more people, state the name, address, and phone number of those people and describe fully their relationship with E.G.G. International, LLC. ANSWER:

.

34.

Please state the following with respect to the business relationship between E.G.G. International, LLC and The Aurora Collection, Inc.:

a.

State the beginning and ending dates of the business relationship between E.G.G. International, LLC and the Aurora Collection, Inc.

ANSWER: b. Describe fully all products or services provided by E.G.G International, LLC to The Aurora Collection, Inc. ANSWER: 20

c. State whether The Aurora Collection, Inc. was a distributor, independent consultant, or was otherwise affiliated with Nikken, Inc. ANSWER:

d. State all the names, addresses, and phone numbers of all personnel of The Aurora Collection, Inc. that provided any goods or services to E.G.G. International, Inc. and describe fully the goods or services provided by each person identified. ANSWER:

e. State the names, addresses and telephone numbers of all E.G.G. International, LLC personnel that provided goods or services to The Aurora Collection, Inc., and describe fully the goods or services provided by each person identified. ANSWER:

f. Identify all contracts or agreements between E.G.G. International, LLC and The Aurora Collection, Inc. (in sufficient detail for Defendants to prepare a Request for Production) that pertain to Stelor's marks, Googles branded goods or services, or lawsuits pertaining to Stelor's marks and/or Googles branded goods or services. ANSWER:

21

35.

State the names, addresses, and telephone numbers of all Stelor directors, current or former, that have orally or in writing criticized Steven Esrig's performance as President and/ or CEO of Stelor, and for each director identified, set forth fully the date the director criticized Esrig, set forth fully the director's criticism of Esrig, and identify all documents, including correspondence or e-mail, written by any past or present director expressing criticism of Esrig's performance as Stelor President and/or CEO.

ANSWER:

36.

State the names, addresses, and telephone numbers of all Stelor investors, current or former, that have orally or in writing criticized Steven Esrig's performance as President and/or CEO of Stelor, and for each investor identified, set forth fully the date the investor criticized Esrig, set forth fully the investor's criticism of Esrig, and identify all documents, including correspondence or e-mail, written by any past or present investor expressing criticism of Esrig's performance as Stelor's President and/or CEO. ANSWER:

37.

State the names, addresses, and telephone numbers of all Stelor's current or former employees that have orally or in writing criticized Steven Esrig's performance as President and/ or CEO of Stelor, and for each employee identified, set forth fully the 22

date the employee criticized Esrig, set forth fully the employees' criticism of Esrig, and identify all documents, including correspondence or e-mail, from any past or present employee expressing criticism of Esrig's performance as Stelor's President and/or CEO. ANSWER:

38.

If Steven Esrig is no longer the President of Stelor, state the date he was discharged from this office, state why he was discharged from this office, and state the name, address, and telephone number of the current President of Stelor.

ANSWER:

39.

If Steven Esrig is no longer the CEO of Stelor, state the date he was discharged from this position, state why he was discharged from this position, and state the name, address, and telephone number of the current CEO of Stelor.

ANSWER:

40.

Please state whether or not there exists a business enterprise, subsidiary or other enterprise affiliated with Stelor named "The Googles", and if so, please state the following information: a. The date "The Googles" was formed. ANSWER:

23

b. Describe fully the nature of The Googles business, including in your answer all goods and services sold or offered for sale by The Googles. ANSWER:

c

Describe fully the nature of the business relationship between The Googles and Stelor.

ANSWER:

d. State the principal place of business of The Googles. ANSWER:

e. State the names, addresses, and phone numbers, and titles of all officers and/or managers of The Googles. ANSWER:

f. State the names, addresses, and phone numbers of all directors of The Googles. ANSWER:

g

State the names, addresses, and phone numbers of all with investments in The Googles. ANSWER:

24

h. State the names, addresses, and phone numbers of all employees of The Googles. ANSWER:

i

Identify all contracts or agreements between The Googles and Stelor (in sufficient detail for Defendants to prepare a Request for Production) that pertain to Stelor's marks, Googles branded goods or services, or lawsuits pertaining to Stelor's marks and/or Googles branded goods or services. ANSWER:

j. State which, if any, of the goods or services identified in subpart (c) were sold marked with any of Stelor's marks and state which mark was placed on the goods, services, or packaging thereof. ANSWER:

k. Please identify the state (e.g. Delaware) under whose laws The Googles was formed and set forth any state issued identification numbers (including the name of the issuing agency) for The Googles. ANSWER:

41.

Please describe fully the relationship of the below listed individuals with Stelor, including in your answer any title these individuals hold with Stelor, their duties with or to Stelor, and the beginning and ending dates of their relationship with Stelor: 25

a.

Michael DiMuccio

ANSWER:

b.

Barbara Tannenbaum

ANSWER:

c.

John Maitland

ANSWER:

d.

Sharon M. Weinstein

ANSWER:

e.

Carolee Hayes

ANSWER:

42.

For the below listed individuals, please state whether they are officers or executives of The Googles, and if so, state the title of their office, the date they assumed office, a description of their duties or responsibilities with The Googles, and whether or not they are still officers or executives with The Googles: a. Michael DiMuccio

ANSWER:

26

b. Barbara Tannenbaum ANSWER:

c. John Maitland ANSWER:

d. Sharon M. Weinstein ANSWER:

e. Carolee Hayes ANSWER:

43.

For the below listed individuals, please describe fully their relationship to Stelor, including in your answer the beginning and ending dates of their relationship with Stelor, all titles they have held with Stelor, a full description of their responsibilities to Stelor, and a full description of all work they have done for Stelor:

a. Steven A. Esrig ANSWER:

b. Lori Esrig ANSWER:

c. Mark Silverman 27

ANSWER:

d. Marty Jeffrey and/or Marty Jeffries ANSWER:

e. Rosemary Smith ANSWER:

f. Riva Elaine ANSWER:

g. Rive Esrig ANSWER:

h. Steve Perrie ANSWER:

i. John Pencola ANSWER:

j. Edson Saenz ANSWER:

k. Steven Hemstreet 28

ANSWER:

l. Donny Friedman ANSWER:

m. Jay Patel ANSWER:

n. Jesse Voogt ANSWER:

o. Marieke Biers ANSWER:

p. Ron Vazquez ANSWER:

q. Greg Henle ANSWER:

r. Laura Warshauer ANSWER:

s. Thomas Varghese 29

ANSWER:

t. Micheal Sage ANSWER:

u. Rebeca Gardner ANSWER:

v. Bija Pandit ANSWER:

w. Paul De Shontae ANSWER:

x. Micheal Bateman ANSWER:

y. Jason Gerber ANSWER:

z. Stephen Biro ANSWER:

aa. Paul Worsham 30

ANSWER:

bb. Lindsey Miller ANSWER:

cc. Elan Eisenberg ANSWER:

dd. Jeffery Schecter ANSWER:

ee. Gregory J. Langford ANSWER:

ff. Dean DePue ANSWER:

gg. Julie DePue ANSWER:

44.

Please state the current or last known addresses and telephone numbers for the individuals listed in the previous interrogatory in subparts a-gg. ANSWER: 31

45.

Please state the name, address, telephone number, job title, job description, and beginning and ending dates of employment for any Stelor past or present employee not identified in the previous two (2) interrogatories. ANSWER:

46.

For the following individuals, please describe their relationship to Stelor, including in your answer the beginning and ending date of their relationship with Stelor, any titles they have held with Stelor, a full description of their responsibilities to Stelor, and a full description of all work they have done for Stelor:

a. M. Shepard ANSWER:

b. F. Hildebrand ANSWER:

c. H. Tropin ANSWER:

d. Eric Cowan ANSWER: 32

47.

For the following individuals and entities that are believed to be consultants to Stelor, please state their addresses and telephone numbers, the beginning and ending dates of all work they have done for Stelor, a full description of all work they have done for Stelor, and the total fees they have charged to Stelor for services provided:

a. Jack Maitland ANSWER:

b. Allison Green ANSWER:

c. Steven A. Silvers ANSWER:

d. Jeffery Schecter ANSWER:

e. Finnegan Henderson, LLC ANSWER:

f. Charles Barnett ANSWER:

33

g. Lon Hall ANSWER:

h. Shadows in Darkness ANSWER:

i. Spinning Doors ANSWER:

j. Salil Kumar ANSWER:

k. Alka Soni ANSWER:

l. Denzel Fiegelson ANSWER:

m. Johnny Elkins ANSWER:

n. Michael DiMuccio ANSWER:

34

o. Marty Jeffery ANSWER:

p. Joe Groia ANSWER:

q. Cowan, Lebowitz, and Leitman ANSWER:

r. Bazaar Strategies ANSWER:

s. Scott Stefanski ANSWER:

48.

Please state the names, addresses, telephone numbers, of all consultants to Stelor not identified in the previous interrogatory, and for each consultant, please state the beginning and ending dates of all work they have done for Stelor, a full description of all work they have done for Stelor, and the total fees they have charged to Stelor for services provided: ANSWER:

49.

Please state the current or last known addresses for the following individuals believed 35

to be past or current directors of Stelor, and for each individual, state the beginning and ending dates (if applicable) of their tenure as directors:

a. Henry Epstein ANSWER:

b. Robin Rothstein ANSWER:

c. Steven Weinstein ANSWER:

d. Stephen Weinstein ANSWER:

e. Robert Morse ANSWER:

f. Harvey Naglie ANSWER:

36

50.

Please state the current or last known address and phone numbers for any past or present director of Stelor not identified in the previous interrogatory, and to each director identified, state the beginning and ending dates of the tenure as director. ANSWER:

51.

For each of the below listed individuals or firms believed to be attorneys for Stelor, please state their address and telephone numbers, the beginning and ending dates of the legal work they have done for Stelor, the caption, case number, and venue for any litigated, or contested matters they have handled for Stelor, a description of the work they have performed, and the fees they have charged for services rendered: a. William (Bill) Borchard ANSWER:

b. Deborah Squiers ANSWER:

c.. Cowan, Lebowitz, Leitman ANSWER:

d. Lawrence (Larry) Hefter ANSWER:

e. Finnegan Henderson, LLC ANSWER: 37

f. Yano Rubenstein ANSWER:

g. Robert Morse ANSWER:

h. Ira Edell ANSWER:

i. John Neubauers ANSWER:

52.

Please state the names of any attorneys and law firms that have provided legal services to Stelor regarding Stelors marks not identified in the previous interrogatory and for each attorney and law firm identified, please state their name, address, phone numbers, the beginning and ending dates of the legal services they have performed for Stelor, a description of the work they have done, the case name, case number, and venue of any contested matters they worked on, and the fees they have charged and services rendered. ANSWER:

38

53.

For each of the following individuals or entities below that are believed to be investors in Stelor, please state their address, phone numbers, date(s) they invested in Stelor, their total investment in Stelor, and the number of share or units they own in Stelor:

a. Steven Esrig ANSWER:

b. Henry Epstein ANSWER:

c. Robert Rothstein ANSWER:

d. Steven Weinstein ANSWER:

e. Stephen Weinstein ANSWER:

f. Robert Morse ANSWER:

g. Harvey Naglie ANSWER: 39

h. Michael A. Karian ANSWER:

i. Marianne Bronstein ANSWER:

j. Aaron Gadaous ANSWER:

k. Barry Wilson ANSWER:

l. Frank Francois ANSWER:

m. Alan Gerber ANSWER:

n. Sandra and Ronald Green ANSWER:

o. Rebecca Bellin-Sonnenberg ANSWER: 40

p. Wolfgang Sonnenberg ANSWER:

q. Deborah Wetzler ANSWER:

r. Good Vibrations International, Inc. ANSWER:

s. Michael DiMuccio ANSWER:

t. Delores and William Finister ANSWER:

u. Igor Gruendl ANSWER:

v. Trevor Carmichael ANSWER:

w. Norma Esrig ANSWER: 41

x. Garten Galeria A.G. and/or Pete Bernet ANSWER:

y. Craig and Austria Hooks ANSWER:

z. Goo Investments LLC ANSWER:

aa. Stanley Bogusz ANSWER:

bb. Robert Roth ANSWER:

54.

For each investor in Stelor not identified in the previous interrogatory, please state their name, current address, the date(s) they invested in Stelor, their total investment in Stelor, and the number or shares or units they own in Stelor. ANSWER:

42

55.

Please state the name, home address, business address, and telephone numbers for each Stelor current or former director that is or has been a distributor, independent consultant, associated with Nikken Inc. ANSWER:

56.

Please state the name, home address, business address, and telephone numbers for each Stelor current or former officer or manager that is or was a distributor, independent consultant or otherwise associated with Nikken, Inc. ANSWER:

57.

Please state the name, home address, business address, and telephone numbers for each Stelor current or former investor that is or was a distributor, independent consultant, or otherwise associated with Nikken Inc. ANSWER:

58.

Please state the name, home address, business address, and telephone numbers for each Stelor current or former consultant that is or was a distributor, independent consultant or otherwise associated with Nikken Inc. ANSWER:

43

59.

Please state the name, home address, business address, and telephone numbers for each Stelor current or former employee that is or was a distributor, independent consultant or otherwise associated with Nikken Inc. ANSWER:

60.

Please state the last known name, home address, and telephone numbers for the former Stelor employee that threatened to kill Steven Esrig, describe fully the circumstances surrounding this death threat, and identify all documents known to Stelor with information regarding this alleged threat to Esrig. ANSWER:

61.

Please describe fully Michael DiMuccio's role in managing or operating Stelor, including in your answer whether Michael DiMuccio has ever held an office in Stelor or a company affiliated with Stelor, the beginning and ending dates of any role Mr. DiMuccio has had in the operation of Stelor or a company affiliated with Stelor, his job title(s), and a description of all work he has done for Stelor. ANSWER:

62.

Please state the names, addresses, and telephone numbers of all Stelor's current or former officers, directors, managers, investors, consultants or employees that were or 44

are officers, managers, investors, consultants and/or employees of The Aurora Collection, Inc., and for each individual identified, please describe fully their title, duties, and responsibilities while associated with The Aurora Collection, Inc. ANSWER:

63.

Please state all facts, and the names, addresses, and telephone numbers of all witnesses that can testify to those facts, that prove or tend to prove Plaintiff's allegations that Defendants' actions actually diluted the distinctive quality of Stelor's marks. ANSWER:

64.

Please fully describe all evidence, in sufficient detail for Defendants to prepare a Request for Production, known to Stelor (including but not limited to documents and things), that proves or tends to prove Plaintiff's allegation that Defendants' actions actually diluted the distinctive quality of Stelor's markets. ANSWER:

65.

Please state the names of all business enterprises that have operated at any time from 1998 to the present at 14701 Mockingbird Lane, Darnestown, Maryland, or that have used that address as its principal office or principal place of business. For each such business enterprise identified, please also answer subparts (a) ­ (f). ANSWER:

45

a. Identify the state (e.g.. Delaware) under whose laws the business enterprise was formed ANSWER:

b. Fully describe the goods and services of the business enterprise and identify with specificity any goods and services that were or are marked with any of Stelor's marks. ANSWER:

c. Identify the officers and/or managers of the business by name, address, phone number, and office (i.e. president, general manager, vice president, etc.). ANSWER:

d. State the names, addresses, job titles, job descriptions, and duties of all employees of the business. ANSWER:

e. Identify the investors, shareholders, and/or members by name, address, and telephone number and state the amount of money each such person has invested in the business enterprise and date(s) of their investment(s). ANSWER:

46

f. State whether the business enterprise is still operating at 14701 Mockingbird Lane, Darnestown, Maryland, and if not, please state whether it is still in business, and if so, it current principal place of business ANSWER:

66.

Please state whether or not 14701 Mockingbird Lane, Darnestown, Maryland is the personal residence of Steven Esrig. ANSWER:

67.

Please identify the local zoning authority with jurisdiction over 14701 Mockingbird Lane, Darnestown, Maryland, state the zoning designation and/or classification for that property, and state whether that property is zoned for business use. ANSWER:

68. Please identify all business or retail licenses or permits for the operation of any business enterprise that has operated or is operating at 14701 Mockingbird Lane, Darnestown, Maryland at anytime since 1998, including in your answer the name of the license or permit, the name of the issuing government agency and the license or permit number. ANSWER:

47

69. Please state the date that Stelor moved its business from 14701 Mockingbird Lane, Darnestown, Maryland, to its current address of 19110 Montgomery Village Road, Montgomery Village, Maryland, 20886. ANSWER:

70.

If Stelor leases or rents the premises at 19110 Montgomery Village Road, Montgomery Village, Maryland, 20886, please state the name and business address of the landlord and/or lessor of the premises. ANSWER:

71.

Please state the name of all business enterprises that share Stelor's business office at 19110 Montgomery Village Road, Montgomery Village, Maryland, 20886. ANSWER:

72.

If Stelor owns the premises at 19110 Montgomery Village Road, Montgomery Village, Maryland, 20886, please state the date it acquired the property and the purchase price. ANSWER:

73. Please identify in sufficient detail for Defendants to prepare a Request for Production all business records of The Googles Childrens' Workshop, Inc., a New Jersey corporation, currently in Stelor's custody or control. ANSWER: 48

74.

Please state the names, addresses, and phone numbers of all shareholders of The Googles Children's Workshop, Inc., a New Jersey corporation for the years 1994 through 1997. ANSWER:

75.

Please state the names, addresses, and phone numbers of all officers of The Googles Children's Workshop, Inc., a New Jersey Corporation for the years 1994 through 1997. ANSWER:

76.

Please state whether Stelor is in custody or control of any documents, including electronic documents such as e-mails or web site pages, that show that The Googles Children's Workshop, Inc., a New Jersey corporation, offered for sale the book "Googles and the Planet of Goo" or any other children's books in the years from 1994 to 1997, and if so, describe all such documents in sufficient detail for Defendants to prepare a Request for Production. ANSWER:

77.

Please fully describe, in sufficient detail for Defendants to prepare a Request for Production, all documents in Stelor's custody or control with information regarding the number of copies of the book "Googles from the Planet of Goo" or any other 49

children's book sold by The Googles Children's Workshop, Inc., a New Jersey Corporation, in the years from 1994 to 1997. ANSWER:

78.

Please state the number of copies of the book in "Googles and the Planet of Goo" and any other children's book sold by the Googles Children's Workshop Inc., a New Jersey corporation, in each year from 1994 to 1997, and for each book sold, state the date of sale, sale price, and the names, address, and phone number of the purchaser of the books. ANSWER:

79.

Please state the names of all goods or services marked with the Googles logo offered for sale by The Googles Children's Workshop, Inc., a New Jersey corporation in the years from 1994 through 1997, and for each of the goods or services identified, state the sale price, date of sale, quantity sold, and name, address, and phone number of the purchaser. ANSWER:

80.

Please state whether Stelor is in custody or control of any business records of Steven A. Silvers, a sole proprietor doing business as SAS Entertainment Group and/or The Googles Children's Workshop at 3741 N.E. 163rd St., Ste. 325, North Miami Beach, FL 33160, in any year from 1997 through 2000, inclusive, and 50

if so, identify all such documents in sufficient detail for Defendants to prepare a Request for Production. ANSWER:

81.

Please state whether Stelor is in custody or control of any documents, including electronic documents such as e-mails or website pages, that show that Steven A. Silvers, a sole proprietor doing business as SAS Entertainment Group, and/or The Googles Children's Workshop at 3741 N.E. 163rd St., Ste. 325, North Miami Beach, FL 33160, offered for sale the book "Googles and the Planet of Goo" or any other children's book in the years from 1997 through 2000, inclusive, and if so, describe all documents in sufficient detail for Defendants to prepare a Request for Production. ANSWER:

82.

Please fully describe, in sufficient detail for Defendant to prepare a Request for Production, all documents in Stelor's custody or control with information regarding the number of copies of the book "Googles and the Planet of Goo" or any other children's book sold by Steven A. Silvers, a sole proprietor doing business as SAS Entertainment Group, and/or The Googles Children's Workshop in any year from 1997 through 2000, inclusive. ANSWER:

83.

Please state the number of copies of the book "Googles and the Planet of Goo" and 51

any other children's book sold by Steven A. Silvers, a sole proprietor doing business as SAS Entertainment Group, and/or The Googles Children's Workshop in the years from 1997 through 2000, inclusive. ANSWER:

84.

Please state the number of "Googles the Millenium Mascot" t-shirts sold by Steven A. Silvers, a sole proprietor doing business as SAS Entertainment Group, and/or The Googles Children's Workshop at 3741 N.E. 163rd St., Ste. 325, North Miami Beach, FL 33160, in any year from 1997 through 2000, inclusive. ANSWER:

85.

Please identify all goods and services marked with the Googles logo that were offered for sale by Steven A. Silvers, a sole proprietor doing business as SAS Entertainment Group, and/or The Googles Children's Workshop at 3741 N.E. 163rd St., Ste. 325, North Miami Beach, FL 33160, in any year from 1997 through 2000, inclusive, and for all goods and services identified, state the date of sale, sale price, quantity sold, and the name and address of each purchaser. ANSWER:

86.

Please state whether Stelor is in possession of electronic or hard copies of the internet website pages for the googles.com website as it allegedly existed in any year from 1997 through 2000, and if so, please state the dates or the periods those web pages were posted on the Internet. 52

ANSWER:

87.

Please identify all business records of SAS Entertainment Group, Silvers Entertainment Group, and/or Silvers Entertainment Group, Inc., in Stelor's custody or control in sufficient detail for Defendants to prepare a Request for Production. ANSWER:

88.

Please state the date when Steven Esrig first became aware of The Aurora Collection, Inc., and state the names, addresses, and phone numbers of all directors of The Aurora Collection, Inc. known to Steven Esrig at the time Esrig first became aware of The Aurora Collection, Inc. ANSWER:

89.

Please fully describe when and how Steven Esrig first came to know The Aurora Collection, Inc. directors identified in the previous interrogatory. ANSWER:

90.

Please fully describe when (the date), where, and how Steven Esrig first became acquainted with Steven A. Silvers. ANSWER:

91.

Please fully describe when (the date), where, and how Steven Esrig first became acquainted with Silvers' book "Googles and the Planet of Goo". 53

ANSWER:

92.

Please state the names, addresses, and phone numbers of all past and present shareholders in The Aurora Collection, Inc., known to Stelor or to Steven Esrig. ANSWER:

93.

Please state the names, addresses, and phone numbers of all past and present officers and executives of The Aurora Collection, Inc., known to Stelor or to Steven Esrig. ANSWER:

94.

Please state the names, addresses, and phone numbers of all past and present employees of The Aurora Collection, Inc., known to Stelor or to Steven Esrig. ANSWER:

95.

Please state when (the date), where, and how Steven Esrig first became acquainted with the following individuals: a. Myles W. Farrington ANSWER:

b. Sandra Farrington ANSWER:

c. Myles C. ("M.C.") Farrington 54

ANSWER:

d. Laura C. ("L.C.") Farrington ANSWER:

e. Ann Rousseau ANSWER:

f. Dr. Ellen Gertz ANSWER:

g. Brian C. Blomquist ANSWER:

96.

Please state whether Steven Esrig is acquainted with the following listed individuals, and if so, please state when (the date), where, and how Esrig first became acquainted with them: a. Dr. Stephen Hubbell ANSWER:

b. Dr. Patricia Adain Gowaty ANSWER:

55

97.

Please state the amount of money Steven Esrig invested in The Aurora Collection, Inc., when Esrig made this investment, whether Esrig is still a stockholder in The Aurora Collection, Inc., and identify all documents with information regarding Esrig's investment in The Aurora Collection, Inc. in sufficient detail for Defendants to prepare a Request for Production. ANSWER:

98.

Please state the name and address of Steven Esrig's company that provided consulting services to The Aurora Collection, Inc., describe fully all consulting or other services provided by Esrig and/or his company to The Aurora Collection, Inc,. and identify all documents and contracts in Esrig's custody or control with information regarding services provided to the Aurora Collection, Inc. by Esrig and/or his company. ANSWER:

99.

Please state whether Stelor is in custody or control of electronic or hard copies of internet web pages for the domain name theauroracollection.com website for any of the years 1999 through 2002, inclusive, and if so, state the dates or time periods such website pages were posted on the internet. ANSWER:

100.

Please state whether Stelor is in custody or control of electronic or hard copies of internet web pages for the domain name funwithscienceclub.com, and if so state the dates or time periods those web pages were posted on the internet. 56

ANSWER:

101.

Please state the dates and locations of all performances of the Googles characters and/or of the "Goosical Musical Revue" produced or sponsored by The Aurora Collection, Inc. from 1999-2002. For each performance, please state: a. The name, address, and telephone number for the contact person at the venue of the performance. ANSWER:

b. Whether any tickets were sold, and if so, how many. ANSWER:

c. The purchase price of the tickets and total dollar amount of tickets sold. ANSWER:

d. Whether any merchandise was sold at the performance, and if so, a description of the type, quantity, and total dollar amount of merchandise sold. ANSWER:

102.

Please identify all business records of The Aurora Collection, Inc. currently in Stelor's custody or control in sufficient detail for Defendants to prepare a Request for Production. ANSWER: 57

103.

Please identify all business records of The Fun With Science Club currently in Stelor's custody or control in sufficient detail for Defendants to prepare a Request for Production. . ANSWER:

104.

Please state whether Stelor is in custody or control of any documents that show that The Aurora Collection, Inc. offered for sale the book "Googles and the Planet of Goo" or any other childrens book in any year from 1999 through 2002, and if so, please identify those documents in sufficient detail for Defendants to prepare a Request for Production. ANSWER:

105.

Please state whether Stelor is in custody or control of any documents that show that The Aurora Collection, Inc. sold any copies of the book "Googles and the Planet of Goo" in any year from 1999 through 2002, and if so, please identify those documents in sufficient detail for Defendants to prepare a Request for Production. ANSWER:

106.

State the number of copies of the book "Googles and the Planet of Goo" or any other children's book if any, sold by The Aurora Collection, Inc. in any year from 1999 through 2002, and state sale price, date of sale, and the name, address and phone number of each purchaser. 58

ANSWER:

107.

Please state whether Stelor is in custody or control of any documents that show that The Aurora Collection, Inc., offered for sale plush and stuffed toys in any year from 1999 through 2002, and if so, please identify those documents in sufficient detail for Defendants to prepare a Request for Production. ANSWER:

108.

Please state whether Stelor is in custody or control of any documents that show that The Aurora Collection, Inc., sold any plush and stuffed toys in any year from 1999 through 2002, and if so, please identify those documents in sufficient detail for Defendants to prepare a Request for Production. ANSWER:

109.

State the number of plush and stuffed toys, if any, sold by The Aurora Collection, Inc., in the years 1999 through 2002, and state the date of sale, name of purchaser, and address of the purchaser of each plush and stuffed toy. ANSWER:

110.

Please state whether Steven Esrig and/or E.G.G. International, LLC, currently provides consulting or other services to The Aurora Collection, Inc., and if so, please state the nature of those services and the name of Esrig's contact person at The Aurora Collection, Inc. 59

ANSWER:

111.

Please state the date Steven Esrig and/or E.G.G. International, LLC last provided services to The Aurora Collection, Inc., and describe fully the services last provided to The Aurora Collection, Inc. by Steven Esrig and/or E.G.G. International, LLC. ANSWER:

112.

Please identify the goods and/or services currently offered or sold by The Aurora Collection , Inc. ANSWER:

113.

Please state the name and address of the vendor and/or distributor that provided the following goods to The Aurora Collection, Inc. for resale: a. Precambrium Era Rocks ANSWER:

b. Crystal growing kits ANSWER:

c. Dinosaur Excavation kits ANSWER:

d. Marble Hop 2000 Computer program ANSWER: 60

e. Terra Cotta Soldier Replica ANSWER:

f. Dab-A-Dino painting toy ANSWER:

114.

Please state the number of the following products sold by The Aurora Collection, Inc." a. Precambrium Era Rocks ANSWER:

b. Crystal growing kits ANSWER:

c. Dinosaur Excavation kits ANSWER:

d. Marble Hop 2000 Computer program ANSWER:

e. Terra Cotta Soldier Replica ANSWER: 61

f. Dab-A-Dino painting toy ANSWER:

115.

Please state the number of the following products sold by The Fun with Science Club: a. Precambrium Era Rocks ANSWER:

b. Crystal growing kits ANSWER:

c. Dinosaur Excavation Kits ANSWER:

d. Marble Hop 3000 Computer program ANSWER:

e. Terra Cotta Soldier Replica ANSWER:

f. Dab-A-Dino painting toy ANSWER:

62

116.

Please state whether any school or school organizations signed up for the internet fundraising program offered by The Aurora Collection, Inc. through its Fun With Science Club. ANSWER:

117.

Please fully describe Steven Esrig's involvement in setting up or operating internet fund raising program offered by The Aurora Collection, Inc. through its Fun With Science Club. ANSWER:

118.

Please fully describe Steven Silvers involvement in setting up or operating internet fundraising program offered by The Aurora Collection, Inc. through its Fun With Science Club. ANSWER:

119.

Please fully describe Dr. Ellen Gertz' involvement in setting up or operating internet fundraising program offered by The Aurora Collection, Inc. through its Fun With Science Club. ANSWER:

120.

Please fully describe Myles W. Farrington's involvement in setting up or operating internet fund raising program offered by The Aurora Collection, Inc. through its Fun With Science Club. ANSWER: 63

121.

Please fully describe Sandra Farrington's involvement in setting up or operating internet fund raising program offered by The Aurora Collection, Inc. through its Fun With Science Club. ANSWER:

122.

Please fully describe Myles C. ("M.C.") Farrington's involvement in setting up or operating internet fund raising program offered by The Aurora Collection, Inc. through its Fun With Science Club. ANSWER:

123.

Please state whether Stelor Productions, Inc. is still in business or whether Stelor Productions, Inc. has ceased doing business. If Stelor Productions, Inc. is still in business, please describe fully the nature of its business, including a description of its current goods and services, the names, addresses, and telephone numbers of its current officers, managers, employees and shareholders, and the address of its current principal of business. ANSWER:

64

124.

Please state when Stelor Productions was converted from a corporation to a limited liability company, state all reasons why Stelor Productions was converted from a corporation to a limited liability company, and state the names, addresses, and telephone numbers of all individuals with personal knowledge of this conversion. ANSWER:

125.

Please state whether Stelor Productions, Inc. offered for sale the book "Googles and the Planet of Goo" or any other children's book in any year from 2002 through 2005 and if so, please identify all documents in Stelor's custody or control that show that Stelor offered any children's book for sale in those years in sufficient detail for Defendants to prepare a Request for Production. ANSWER:

126.

Please identify all documents for any sales of the book "Googles and the Planet of Goo", or any other children's book by Stelor Productions, Inc. in the years 2002 through 2005, in sufficient detail for Defendants to prepare a Request for Production. ANSWER:

127.

Please state how many copies of the book "Googles from the Planet of Goo" Stelor currently has in its custody or control. ANSWER:

65

128.

Please state how many copies of the book "Googles and the Return Flight to Goo" Stelor currently has in its custody or control. ANSWER:

129.

Please state how many copies of the book "Googles from the Planet of Goo" were sold by Stelor Productions, Inc. in the years 2002 through 2005, and for each copy sold, please state: a. The date of sale ANSWER:

b. The address of the purchaser ANSWER:

c. The name of purchaser ANSWER:

d. The address of the purchaser ANSWER:

130.

Please state whether Stelor Productions, LLC is in custody or control of any documents that show that Stelor Productions, LLC offered for sale the book "Googles and the Planet of Goo" or any other children's book, in any year from 2005 through the present, and identify all such documents in sufficient detail for Defendants to prepare a Request for Production. 66

ANSWER:

131.

Please state whether Stelor Productions, LLC is in custody or control of any documents that show that Stelor Productions, LLC has sold any copies of the book "Googles and the Planet of Goo" or any other children's book in the years 2005 to the present, and if so, identify the documents in sufficient detail for Defendants to prepare a Request for Production. ANSWER:

132.

State the number of copies of the book "Googles and the Planet of Goo" sold by Stelor Productions, LLC, or any other children's book in the years 2005 to the present, and for each copy sold, state the date of purchase, the sale price and the name and address of the purchaser. ANSWER:

133.

Please state whether Stelor Productions, LLC. is in custody or control of any documents that show Stelor Productions, LLC offered stuffed or plush toys for sale in any year from 2005 through the present, and identify all such documents in sufficient detail for Defendants to prepare a Request for Production. ANSWER:

134.

Please state whether Stelor Productions, LLC is in custody or control of any

67

documents that show that Stelor Productions, LLC has sold any stuffed or plush toys in the years 2005 to the present, and if so, identify the documents in sufficient detail for Defendants to prepare a Request for Production. ANSWER:

135.

State the number of stuffed and plush toys sold by Stelor Productions, LLC, in the years 2002 to the present, and for each stuffed or plush toy sold, state the name of the toy, the date of purchase and the name and address of the purchaser. ANSWER:

136.

Please identify all documents in Stelors custody or control in sufficient detail for Defendants to prepare a Request for Production with information regarding Stelor's offer for sale of any goods or services marked with the following alleged trademarks: a. Googles logo ANSWER:

b. the word Googles ANSWER:

c. Oogle ANSWER:

68

d. Iggle ANSWER:

e. Oggle ANSWER:

137.

Please identify all documents in Stelors custody or control in sufficient detail for Defendants to prepare a Request for Production with information regarding Stelor's actual sales of any goods or services marked with the following alleged trademarks: a. Googles logo ANSWER:

b. the word Googles ANSWER:

c. Oogle ANSWER:

d. Iggle ANSWER:

e. Oggle ANSWER

69

138.

State the date of sale, sale price, and name and address of the purchaser for all sales of any goods or services sold by Stelor Productions, LLC, in the years 2005 to the present that were marked with any of Stelor's alleged trademarks. ANSWER:

139.

Please state how many copies of the book "Googles and the Return Flight to Goo" have been sold by Stelor Productions, Inc. or Stelor Productions, LLC, and for each copies sold, please state: a. The date of the sale ANSWER:

b. The sale price ANSWER:

c. The name of purchaser ANSWER:

d. The address of purchaser ANSWER:

140.

Please state the date that Stelor first offered Googles music for sale on I-Tunes. ANSWER: 70

141.

For each sale of Googles music on I-Tunes, please state: a. The name of the song or CD sold. ANSWER:

b. The purchase price ANSWER:

c. The date of the sale. ANSWER:

d. The name and address of the purchaser. ANSWER:

142.

Please state the total dollar amount of sales of Googles music on I-Tunes since the date Stelor first offered music for sale on I-Tunes. ANSWER:

143.

Please state the dates and locations of all performances of the Googles characters and/or of the "Goosical Musical Revue" produced or sponsored by Stelor Productions, Inc. and/or Stelor Productions, LLC from 2002 to the present. a. The name, address, and telephone number for the contact person at the venue of the performance. ANSWER: 71

b. State the name(s) of the individual(s) at Stelor that produced, scheduled, and supervised the performance(s). ANSWER:

c. Whether any tickets were sold, and if so, how many. ANSWER:

d. The price of the tickets, and total dollar amount of tickets sold. ANSWER:

e. Whether any merchandise was sold at the performance, and if so, please give a full accounting of the name, quantity, and total dollar amount of the merchandise sold. ANSWER:

144.

Please state whether Stelor Productions, Inc., and/or Stelor Productions has produced or created any television episodes, including cartoons, featuring any Googles character, and if so, please state the name(s) of the individuals that produced the television episodes, the date(s) the episode(s) were completed, and describe the television episodes in sufficient detail for Defendants to prepare a Request for Production. ANSWER:

72

145.

Please state whether The Aurora Collection, Inc. has produced or created any television programming, including cartoons, featuring any Googles character, and if so, please state the name(s) of the individuals that produced the television programming and describe the television programming in sufficient detail for Defendants to prepare a Request for Production. ANSWER:

146.

Please state the date, time, channel, and television station for each and every episode aired on network or cable television of the Googles characters in cartoons, television programs, commercials, or promotions of the Googles characters. ANSWER:

147.

Please state the names of all of Stelor's licensees and/or sub-licensees of Googles trademarks, Googles merchandise, Googles services, and/or Googles television or internet programming, and for each licensee or sub-licensee, state the following: ANSWER:

a. The name, address, and telephone number of the licensee or sub-licensee ANSWER:

73

b. The name and telephone number of the contact person for the licensee that dealt with Stelor ANSWER:

c. A description of the Googles property that was or is licensed ANSWER:

d. The terms and conditions of the license of sub-license agreement, including, but not limited to the amount of money and royalties paid or to be paid to Stelor ANSWER:

148.

For each current employee of Stelor Productions, LLC, please state their name, address, home address, phone number, job title, job description, and the date each such employee started work at Stelor Productions LLC.. ANSWER:

149.

For each current officer and/or manager of Stelor Productions, LLC, please state their name, home address, phone number, office, (i.e. president, general manager, vice president, etc.), and date each such officer or manager assumed the office or management position at Stelor Productions, LLC. ANSWER:

150.

For each current member, sub-member, and/or equity owner of Stelor Productions LLC, please state their name, home address, phone number, and date each such 74

person became a member, sub-member, and/or equity owner of Stelor Productions LLC, and the amount of money each such member, sub-member, and/or equity Owner has contributed to Stelor Productions, LLC. ANSWER:

151.

Please state the date that Stelor's "GooShop" at googles.com went live on the Internet. ANSWER:

152.

Please state Stelor's current inventory (number of units) Stelor has in its possession of the following goods: a. Book "Googles and the Planet of Goo", Item No. GB 0001 ANSWER:

b. Google t-shirt, Item No. GB 001 ANSWER:

c. Oogle toy, Item No. PST 001 ANSWER:

d. Oggle toy, Item No. PST 002 ANSWER:

e. Iggle toy, Item No. PST 003 75

ANSWER:

f. Goo Boo toy, Item No. PST 004 ANSWER:

g. Goo Roo toy, Item No. PST 005 ANSWER:

h. "One Goo World" compact disc, Item No. GMCD 001 ANSWER:

i. "Un Goo Mundo" compact disc, Item No. GMCD 002 ANSWER:

j. Google stickers, Item No. GST001 ANSWER: 153. Please state why an Oogle toy is not offered for sale on the internet in Stelors Goo Shop. ANSWER:

154.

Please state the name, address, and phone number of the vendor or manufacturer that makes Googles t-shirts for resale by Stelor. ANSWER:

76

155.

Please state the name, address, and phone number of the vendor or manufacturer that makes Oogle, Oggle, Iggle, Goo Boo, and Goo Roo toys for resale by Stelor. ANSWER:

156.

Please state the name, address, and phone number of the vendor or manufacturer that makes "Goo World" compact discs for resale by Stelor. ANSWER:

157.

Please state the name, address, and phone number of the vendor or manufacturer that makes Googles stickers for resale by Stelor. ANSWER:

158.

For any actual sales of the following goods by Stelor, please state the date of sale, sale price, and name and address of the purchaser a. Book "Googles and the Planet of Goo", Item No. GB 0001 ANSWER:

b. Google t-shirt, Item No. GB 001 ANSWER:

c. Oogle toy, Item No. PST 001 ANSWER:

d. Oggle toy, Item No. PST 002 77

ANSWER:

e. Iggle toy, Item No. PST 003 ANSWER:

f. Goo Boo toy, Item No. PST 004 ANSWER:

g. Goo Roo toy, Item No. PST 005 ANSWER:

h. "One Goo World" compact disc, Item No. GMCD 001 ANSWER:

i. "Un Goo Mundo" compact disc, Item No. GMCD 002 ANSWER:

j. Google stickers, Item No. GST001 ANSWER:

159.

Please state whether Stelor has maintained electronic or hard copies of superceded or obsolete web pages for googles.com for the years 2002 to present, and if so, 78

describe the date of the googles.com web pages Stelor has maintained and describe those web pages in sufficient detail for Defendants to prepare a Request for Production. ANSWER

160.

Please state the name and addresses of each computer programmer, web designer, or web master that created or modified Stelor's googles.com website, in the months from June through December, 2002. ANSWER:

161.

Please state the name and addresses of each computer programmer, web designer, or web master that created or modified Stelor's googles.com website, in the months from January 2008 through the date of answering these interrogatories. ANSWER:

162.

Please describe fully all of the services that Spinning Doors, Inc. has performed for Stelor, including in your answer the dates of the services and the name(s) of the Spinning Doors personnel that performed the services. ANSWER:

163.

Please state the name, current address, and current phone number of the creator of "The Troodles from Troo". 79

ANSWER:

164.

Please state the name, address, and telephone number of Robert Morse and describe fully Mr. Morse's relationship to or involvement with Stelor. Please include in your answer whether or not Mr. Morse is a lawyer. ANSWER:

165.

Please state the name, address, and telephone number of John Neubauer, and describe fully Mr. Neubauer's relationship to or involvement with Stelor. ANSWER:

166.

Please state the name, address, and telephone number of Creative Network Innovations ("CNI"), describe CNI's relationship to or involvement with Stelor, and describe fully all disputes between CNI and Stelor, including in your answer the case name, court name and cause number for any disputes involving litigation. ANSWER:

167.

Please state the names and dates of all industry trade shows attended by a representative of Stelor to promote the Googles brand or Googles goods or services from 2002 to the present, and for each such industry trade show so attended, please state: ANSWER:

80

a. The name, address, and telephone number of the Stelor employee(s) or representative(s) attending the industry trade show ANSWER:

b. Whether Stelor had a booth and/or display at the trade show, and if so, the names(s) of the Stelor employee(s) and representative(s) that staffed the booth or display ANSWER:

c. Whether Stelor sold or licensed any goods or services at the trade show, and if so, please describe the goods or services sold or licensed and state the name, address, and the telephone number of the purchaser or licensee of the goods or services ANSWER: 168. Please state whether Stelor Productions, Inc. hired attorney Ira Edell to prepare a Section 8/15 Affidavit that was filed on or about March 2003 to renew the Googles logo trademark. ANSWER:

169.

Please describe fully all information known to Stelor that The Googles Children's Workshop, Inc., a New Jersey corporation was doing business at P.O. Box 60210, Potomac, MD 20859 in the five years from August 12, 1997 through August 12, 2002. ANSWER: 81

170.

Please state all evidence known to Stelor that the Googles logo was in continuous use as a trademark on or in connection with children's books for more than five years from August 12, 1997 ANSWER:

171.

Please state the case name and case number, for all trademark opposition proceedings initiated by Stelor or by Steven A. Silvers regarding Stelor's marks. ANSWER:

172.

Please state the case name and case number, for all domain name proceedings initiated by Stelor or by Steven A. Silvers regarding Stelor's marks. ANSWER:

173.

Please state the case name and case number, for all lawsuits initiated by Stelor or by Steven A. Silvers regarding Stelor's