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)
EXHIBITW
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
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Case No. 09-CV-I0756
U.S. Magistrate Judge
Virginia M. Morgan
Detroit, Michigan
May 19, 2010
2:29 p.m.
WEATHER UNDERGROUND,
INCORPORATED,
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Plaintiff,
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v
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NAVIGATION CATALYST SYSTEMS,
INCORPORATED,
Defendant.
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Ordered By:
ENRICO SCHAEFER, ESQ.
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MOTION HEARING
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APPEARANCES:
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For the Plaintiff:
ENRICO SCHAEFER, ESQ. (P43506)
Traverse Legal
810 Cottageview Drive
Suite G-20
Traverse City, MI 49684
231-932-0411
For the Defendants:
(By Phone) :
WILLIAM DELGADO, ESQ.
Willeken, Wilson, Loh & Lieb
707 Wilshire Boulevard
Suite 3850
Los Angeles, CA 90017
213-955-9240
Court Recorder:
N/A
Transcriber:
Deborah Kremlick
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Proceedings recorded by electronic sound recording, transcript
produced by transcription service.
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are famous at the time of registration of such domain names
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without regard to the goods or services of the party.
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So your position that it would be limited only to ones
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that are confusingly similar to the 51 domain names or
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whatever at issue here, I think reads out the clear language
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of -- of eight.
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to give you say another 50 names and then you give us all the
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domain names that are registered like that.
So what I'm -- I'm willing to do is ask him
MR. SCHAEFER:
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Well, here's what -- here's the
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problem.
Part of it is we asked them for the other domains
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that infringe our trademarks, okay.
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by kind of random searching just last week found 11 more.
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if we can't get the data base --
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MR. DELGADO:
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MR.
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MR. DELGADO:
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MR.
They said zero.
We just
So
No,' that's not true.
SCHAEFER:
If we can't get the
That's not true.
SCHAEFER:
--
if we can't get the data base,
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Your Honor, we aim to identify th,e domains at issue in this
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case.
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Thewunderground.com.
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wunderground.
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Tropicalweatherunderground.com.
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us to search on, it's impossible for us to -- and they refuse
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to tell us what other domains they have of ours and they've
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said none and we know it's not true.
These are examples of the ones we found last week.
Keep in mind our trademark is
So this is registered to them.
So without the data base for
PAGE
The other thing is, Your Honor, it's just data.
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They
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have affidavits from their people Seth Jacoby that said they
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had 300,000 domain names as of two years ago.
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down to something like 70,000 domain names as of this year.
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So there's --
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THE COURT:
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MR. SCHAEFER:
And now they're
I thought they had 16,000,000.
Well, that's what he said, but I got
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an affidavit that says completely otherwise as of -- as of a
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couple years ago.
MR. DELGADO:
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Your Honor, can I respond to that?
I
disagree with a lot of what Mr. Schaefer is -MR. SCHAEFER:
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grace Co. names.
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I think he was talking about the ad
Because that blossoms -- that blossoms the
number.
THE COURT:
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Okay.
stop talking.
He's
If you don't stop and give him a break,
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already on the phone.
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he can't be heard.
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the telephone line, okay?
It's already frustrating enough without
MR. DELGADO:
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All right.
Mr. Delgado.
Okay.
So here's what I was going to
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say.
Mr. Schaefer made the statement that they asked us to
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identify other domain names and we said zero.
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case.
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dispute as to how domain names at issue would be defined from
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these requests.
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resolve this dispute.
That is not the
What happened was there is -- there was a good faith
I have proposed to Mr. Schaefer and to
If you want me to identify other domain
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names that you know, are possibly violative of your client's
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mark, I will do that.
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for as many
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names to -- to basically disclose to them what it is that we
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think that might arguably even be olose to that.
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I will run, you know, as many searches
as many strings to capture as many possible
You know, so for example, if he wants to run a search for
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under, you know, we'll disclose any domain name that has the
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phrase under.
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call the string eather, E-a-t-h-e-r which would capture
If he wants to run it for you know what I would
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Weather,. you know, Qeather, and it's the Q next to the W on
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the keyboard.
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an issue.
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problem for us has always been you know, to go back six years
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and divulge statistics for -- you know, for 16,000,000 and
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that 16,000,000 number is essentially from 2004 forward,
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that's why that number is as high as it is.
Will be do that.
We will happily do that.
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THE COURT:
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MR. DELGADO:
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That -- you know, that is not
Okay.
The question or the
Here's what -- here's --
And we can't do that without shutting
down the system.
THE COURT:
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Okay.
You have some choices here, Mr.
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Schaefer.
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in 38, or you can just have a list of domain names without any
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of this crap.
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You can have fewer domain names with all this crap
MR. SCHAEFER:
Honor.
We'll take the domain names, Your
And I think I'm -- I'm entitled to them under that
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I certify that the foregoing is a correct transcript from the
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electronic sound recording of the proceedings in the
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above-entitled matter.
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IslDeborah L. Krem1ick, CER-4872
Dated: 6-14-10
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