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

Filing 269

STATEMENT of Pretrial Conference Bench Book by Connexus Corporation, Firstlook, Incorporated, Navigation Catalyst Systems, Incorporated, Weather Underground, Incorporated (Attachments: # 1 Administrative Section, # 2 Exhibit Theory of the Case, # 3 Exhibit Plaintiff's Proposed Voir Dire, # 4 Exhibit Defendants' Proposed Voir Dire, # 5 Exhibit Witness List, # 6 Exhibit Exhibit List, # 7 Exhibit agreed Upon Jury Instructions, # 8 Exhibit Plaintiff's Additional Proposed Instructions, # 9 Exhibit Defendants' Additional Proposed Instructions, # 10 Exhibit Plaintiff's Proposed Verdict Form, # 11 Exhibit Defendants' Proposed Verdict Form, # 12 Exhibit Evidentiary Issues) (Delgado, William)

Defendants’ Proposed Verdict Form

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
THE WEATHER UNDERGROUND, INC.,
a Michigan corporation,
Plaintiff,
vs.

Case No. 2:09-CV-10756
Hon. Marianne O. Battani

NAVIGATION CATALYST SYSTEMS,
INC., a Delaware corporation; CONNEXUS
CORP., a Delaware corporation; FIRSTLOOK,
INC., a Delaware corporation; and EPIC
MEDIA GROUP, 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
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)
Bruce L. Sendek (P28095)
BUTZEL LONG, PC
150 West Jefferson, Suite 100
Detroit, MI 48226
[phone]
[e-mail]
[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

______________________________________________________________________
DEFENDANTS’ PROPOSED SPECIAL VERDICT FORM

123474.1

We, the jury, being first duly empaneled and sworn in the above entitled cause, do
unanimously find as follows:
LIABILITY
Cybersquatting in Violation of the Lanham Act 15 U.S.C. § 1125(d)
1. Did Plaintiff prove, by a preponderance of evidence, that it has a valid trademark or
trademarks entitled to protection?
Yes _____ No _____
If you answer “Yes,” please proceed to question 2.
If you answer “No”, you are finished. Please have the presiding juror sign and date
the verdict form and indicate to the bailiff that you are finished.

2. Did Plaintiff prove, by a preponderance of evidence, that its trademark or trademarks
are distinctive or famous?
Yes _____ No _____
If you answer “Yes,” please proceed to question 3.
If you answer “No”, you are finished. Please have the presiding juror sign and date
the verdict form and indicate to the bailiff that you are finished.
3. Did Plaintiff prove, by a preponderance of evidence, that Defendants registered,
trafficked in or used any of the domain names listed on Exhibit A? If so, then, for
each domain name listed in Exhibit A for which you answered “Yes,” please so
indicate by putting a “Y” in Column 2 of Exhibit A.
Then please proceed to question 4.
If you answer “No” to all of the domain names, you are finished. Please have the
presiding juror sign and date the verdict form and indicate to the bailiff that you are
finished.
4. Did Plaintiff prove, by a preponderance of evidence, that any of the domain names on
Exhibit A were confusingly similar to Plaintiff’s trademarks? If so, then, for each
domain name listed in Exhibit A for which you answered “Yes,” please so indicate by
putting a “Y” in Column 3 of Exhibit A.

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Page 2 of 4

Then please proceed to question 5.
If you answer “No” to all of the domain names, you are finished. Please have the
presiding juror sign and date the verdict form and indicate to the bailiff that you are
finished.
5. Did Plaintiff prove, by a preponderance of evidence, that Defendants had a bad faith
intent to profit from their use or registration of, or trafficking in the domain names
listed on Exhibit A? If so, then, for each domain name listed in Exhibit A for which
you answered “Yes,” please so indicate by putting a “Y” in Column 4 of Exhibit A.
Then please proceed to question 6.
If you answer “No” to all of the domain names, you are finished. Please have the
presiding juror sign and date the verdict form and indicate to the bailiff that you are
finished.

DAMAGES:
Statutory Damages under 15 U.S.C. § 1117(d).
6. For each individual domain name listed on Exhibit A which has a “Y” in Columns 2,
3, and 4, please award Plaintiff no less than $1,000 and no more than $100,000 for
each such domain. Enter the total amount you award to Plaintiff below.

________________________
The presiding juror should sign and date this verdict form.

Dated this _____ day of March, 2012

__________________________________________
Presiding Juror

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Page 3 of 4

Exhibit A
Domain Name

123474.1

Column 2
Registered, Used or
Trafficked

Column 3
Confusing
Similarity

Page 4 of 4

Column 4
Bad Faith Intent to
Profit