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

Filing 201

DECLARATION by William A. Delgado re 193 Response to Motion filed by Connexus Corporation, Firstlook, Incorporated, Navigation Catalyst Systems, Incorporated (Attachments: # 1 Exhibit K, # 2 Exhibit L, # 3 Exhibit M, # 4 Exhibit N, # 5 Exhibit O, # 6 Exhibit P, # 7 Exhibit Q, # 8 Exhibit R, # 9 Exhibit S, # 10 Exhibit T, # 11 Exhibit U, # 12 Exhibit V, # 13 Exhibit W) (Delgado, William)

A West Court Reporting Services transcript. reported by LiveNote Certified
Partner: Shelia Chase & Associates

In the United States District Court
For the Eastern District of Michigan
**Confidential**
Deposition

Of

Christopher Schwerzler

April 29, 2010

The Water Underground, Inc.

v.
Navigation Catalyst Systems, Inc., et al.

Christopher Schwerzler
Confidential

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know.

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4/29/2010

enforce our trademarks in that country.

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And we saw it as particularly difficult to ever

Q.

Other than Weather Underground Hong Kong, are

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you familiar with anybody else who uses Weather

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Underground as their name or as part of their name?

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A.

Out of the 60s, STS offshoot.

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Q.

Anybody else other than the 60s radical group?

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A.

I believe there is a band out of LA that goes

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by Weather Underground.

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Q.

Okay.

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A.

No.

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Q.

Anyone else?

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A.

Not that I can think of.

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Q.

Are you familiar with any other entity that

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Have you ever had contact with them?

uses wunder, w-u-n-d-e-r, as part of their name?
A.

There used to be a Wunder Brewery in

I do believe that they -- or, someone

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San Francisco.

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bought the brand or the rights to use the brand in

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probably circa 2005 to open a Wunder Brewery.

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they have since closed down their business and no longer

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exist.

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Q.

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Okay.

I believe

Anybody else using wunder, that you

know of?

A.

The Germans for use in the context that it

means wonderful or wunderkind, w-u-n-d-e-r-k-i-n-d.

Westlaw Deposition Services

800.548.3668 Ext. 1
Page 117

Christopher Schwerzler
Confidential

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That would be an example of wunder.

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of wunder.

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Q.

4/29/2010

You know, it's part

Is there any other specific entity that you

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can think of -- or, that you know of, I should say?

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think of, but ...

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A.

similar sounding brand, such as Wonder

Bread, but spelled with an "0."
Q.

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A

Not

Well,

just specifically with a "u."

Do you know of any specific entity using
wunder with a "un other than Wunder Brewery?
Not in our technical field,

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A.

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Internet.

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Q.

Okay.

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A.

Oh, I take that back.

such as the

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There is a group called

Wunderground Magic Store, I believe, out of Michigan.

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Q.

That's not you?

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A.

No, that's not us.
DEPOSITION REPORTER:

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That's u-n or o-n,

Wunderground?
THE WITNESS:

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Unclear.

I don't remember

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whether they spell it with an "0" or a "u."

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I stumbled upon that while doing web searches for our

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brand.

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BY MR. DELGADO:

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Q.

Okay.

I feel like

How many individual weather stations

Westlaw Deposition Services

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Page 118

CERTIFICATE OF REPORTER

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I,

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JANIS L.

JENNINGS,

a Certified Shorthand

Reporter of the State of California, do hereby certify:
That the foregoing proceedings were taken

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before me at the time and place herein set forth;

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any witnesses in the foregoing proceedings, prior to

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testifying,

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record of the proceedings was

were placed under oath;
m~de

that

that a verbatim
by me using machine

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shorthand which was thereafter transcribed under my

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direction;

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transcription thereof.

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I

further,

that the foregoing is an accurate

further certify that I am neither

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financially interested in the action nor a relative or

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employee of any attorney of any of the parties.
IN WITNESS WHEREOF,

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I

have this date

subscribed my name.

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Dated:

May 11, 2010

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JAN \\' JENN

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CSR NO.

~NGS

\

3942, CLR,

CRP

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177