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

Filing 268

RESPONSE to 260 MOTION for Protective Order filed by Weather Underground, Incorporated. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I) (Schaefer, Enrico)

February 3, 2012
VIA EMAIL ONLY
William A. Delgado
Willenken Wilson Loh & Lieb LLP
707 Wilshire Boulevard, Suite 3850
Los Angeles, CA 90017
Re:

Trial Witness Issues

Dear Mr. Delgado:
Again, please provide the current employer and last contact information for each of the
employees you identity in your November 29, 2011 letter. I cannot simply rely on you to birddog these critical witnesses. I will, under all circumstances, still need to send them
subpoenas as they are not within your control. To the extent they are working for a “related
company”, please indicate that this is the case.
With regard to Mr. Art Shaw, Please provide all contact information for him as well. The
same goes for Seth Jacoby. Obviously, we are entitled to take de bene esse depositions for
the purposes of trial. We certainly will be doing so.
We formally request that you supplement discovery with regards to identifying all current
“related companies” as defined under the court’s prior rulings. We understand those rulings
deal with domain names which are variations of Weather Underground marks. This would
require you to do a comprehensive inventory for any related company which is registering,
trafficking in or using domain names to determine whether or not there are any identical or
similar domains within those portfolios. Please indicate whether or not you are willing to do
so without further motion practice no later than December 12, 2011. I look forward to
hearing from you.
Sincerely,
TRAVERSE LEGAL, PLC

Enrico Schaefer
[e-mail]
ES/cad