Weather Underground, Incorporated v. Navigation Catalyst Systems, Incorporated et al

Filing 130

WITNESS LIST by Navigation Catalyst Systems, Incorporated (Delgado, William)

Weather Underground, Incorporated v. Navigation Catalyst Systems, Incorporated et al

Doc. 130

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN THE WEATHER UNDERGROUND, INC., a Michigan corporation, Plaintiff, vs. NAVIGATION CATALYST SYSTEMS, INC., a Delaware corporation; BASIC FUSION, INC., a Delaware corporation; CONNEXUS CORP., a Delaware corporation; and FIRSTLOOK, INC., a Delaware corporation, Defendants. ______________________________________________________________________ Enrico Schaefer (P43506) Brian A. Hall (P70865) TRAVERSE LEGAL, PLC 810 Cottageview Drive, Unit G-20 Traverse City, MI 49686 231-932-0411 [e-mail] [e-mail] Lead Attorneys for Plaintiff William A. Delgado WILLENKEN WILSON LOH & LIEB LLP 707 Wilshire Boulevard, Suite 3850 Los Angeles, CA 90017 [phone] [e-mail] Lead Counsel for Defendants Case No. 2:09-CV-10756 Hon. Marianne O. Battani

Nicholas J. Stasevich (P41896) Benjamin K. Steffans (P69712) Anthony P. Patti (P43729) BUTZEL LONG, P.C. HOOPER HATHAWAY, PC 150 West Jefferson, Suite 100 126 South Main Street Detroit, MI 48226 Ann Arbor, MI 48104 [phone] 734-662-4426 [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff Local Counsel for Defendants ______________________________________________________________________ DEFENDANT NAVIGATION CATALYST SYSTEMS, INC.'S WITNESS LIST

Dockets.Justia.com

NOW COMES Defendant, Navigation Catalyst Systems, Inc. ("NCS"), by and through its counsel, Willenken Wilson Loh & Lieb LLP, and pursuant to the Court's Practice Guidelines submits its Witness List herein: 1. Seth Jacoby, President Firstlook, Inc. Mr. Jacoby may be called to testify regarding NCS's intellectual pr operty rights; NCS's online business model; NCS's Internet directory and search capability services; NCS's automated use of the Add Grace Period; NCS's due diligence screening practices generally; NCS's blacklist database to prevent registration of potential trademarks; NCS's human screening practices to prevent registration of potential trademarks; NCS's domain name registration practices; NCS's practice of eliminating and deleting derivates of trademarks; NCS's policy of transferring disputed domain names to third parties where justified; NCS's search of its portfolio upon receipt of Plaintiff's complaint and offer to tran sfer of domains; the mechanism by which advertisements are published on NCS's web pages; and knowledge of revenue generated by the domain names at issue. 2. Donald Misino, Software Architect Navigation Catalyst Systems, Inc. Mr. Misino may be called to testify regarding the domain related software operated by NCS, including its architecture and operation and the elements which comprise the software including the data sources, the fuzzy match system, the n-gram match system, the PTO database, the blacklist, the "flagged as trademarks" list, and NCS's efforts, generally, to avoid certain domain name registrations through an automated registration process.

1

3. Lily Stevenson Firstlook, Inc. Ms. Stevenson may be called to testify regarding the NCS domain name purchasing process, legal compliance related to NCS domain names, including human screening of domain names, trademark review of domain names, responses to cease -and-desist letters and UDRP arbitrations. 4. Mavi Llamas Navigation Catalyst Systems, Inc. Ms. Llamas may be called to testify regarding the NCS domain name purchasing process as it existed in 2004-2005, and the process for NCS keywo rd optimization. 5. Dennis Rhee Navigation Catalyst Systems, Inc. Mr. Rhee may be called to testify regarding the operation of NCS, including the purchase of domain names as well as human screening of domain names. 6. Richard E. Korf Professor, Computer Science Department 4532E Boelter Hall University of California, Los Angeles Los Angeles, CA 90095 310-206-5383 Dr. Korf may be called to testify regarding his education and experience in the field of computer science, the substance of his expert report which includes an analysis of the domain name registration software utilized by NCS, the challenges faced by NCS in creating its software, and to rebut any expert witnesses called by Plaintiff with respect to these issues.

2

7. John Berryhill, Ph.D., Esq. 4 West Front Street Media, PA 19063 610-565-5601 Mr. Berryhill may be called to testify regarding his education and experience in the field of domain names, the substance of his expert report, which includes the history of the AntiCybersquatting Consumer Protection Act and the history and purpose of domain name monetization. 8. Alan Steremberg, President The Weather Underground, Inc. Mr. Steremberg may be called to testify regarding information and evidence concerning the allegations made in Plaintiff's Complaint, specifically including without limitation Plaintiff, Plaintiff's business, Plaintiff's trademarks, and Plaintiff's marketing and advertising. 9. Chris Schwerzler, Director The Weather Underground, Inc. Mr. Schwerzler may be called to testify regarding information and evidence concerning the allegations made in Plaintiff's Complaint, specifically including without limitation Plaintiff, Plaintiff's business, Plaintiff's trademarks, and Plaintiff's website advertisement traffic. 10. Jeff Ferguson, Director of Communications The Weather Underground, Inc. Mr. Ferguson may be called to testify regarding information and evidence concerning the allegations made in Plaintiff's Complaint, specifically including without limitation, Plaintiff, Plaintiff's business, Plaintiff's trademarks, Plaintiff's marketing and advertising, Plaintiff's finances, and Plaintiff's efforts at protecting its trademarks.

3

11. Jeffrey Masters, Ph.D., Director of Meteorology The Weather Underground, Inc. Dr. Masters may be called to testify regarding information and evidence concerning the allegations made in Plaintiff's Complaint, specifically including without limitation Plaintiff, Plaintiff's business, Plaintiff's trademarks, and Plaintiff's blog and related online offerings. RESPECTFULLY SUBMITTED this 12 th day of November, 2010. /s/William A. Delgado William A. Delgado WILLENKEN WILSON LOH & LIEB, LLP 707 Wilshire Boulevard, Suite 3850 Los Angeles, CA 90017 [phone] [e-mail] Lead Counsel for Defendants

4

CERTIFICATE OF SERVICE I h e r e b y c e r tif y t h a t o n N o v e m b e r 1 2 , 2 0 1 0 , I e le c tr o n i c a ll y f ile d t h e f o r e g o in g paper with the Court using the ECF system which will send notification of such filing to th e f o l lo w in g : Enrico Schaefer (P43506) Brian A. Hall (P70865) TRAVERSE LEGAL, PLC 810 Cottageview Drive, Unit G-20 Traverse City, MI 49686 231-932-0411 [e-mail] [e-mail] Lead Attorneys for Plaintiff Anthony P. Patti (P43729) HOOPER HATHAWAY, PC 126 South Main Street Ann Arbor, MI 48104 734-662-4426 [e-mail] Attorneys for Plaintiff Nicholas J. Stasevich (P41896) Benjamin K. Steffans (P69712) BUTZEL LONG, P.C. 150 West Jefferson, Suite 100 Detroit, MI 48226 [phone] [e-mail] [e-mail] Local Counsel for Defendants William A. Delgado WILLENKEN WILSON LOH & LIEB LLP 707 Wilshire Boulevard, Suite 3850 Los Angeles, CA 90017 [phone] [e-mail] Lead Counsel for Defendants

/s/William A. Delgado William A. Delgado WILLENKEN WILSON LOH & LIEB, LLP 707 Wilshire Boulevard, Suite 3850 Los Angeles, CA 90017 [phone] [e-mail] Lead Counsel for Defendants

5