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)

Plaintiff’s Voir Dire

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN

THE WEATHER UNDERGROUND, INC.,
a Michigan corporation,
Plaintiff,
Case No. 2:09-CV-10756
Hon. Marianne O. Battani

vs.
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

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

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
______________________________________________________________________
PLAINTIFF’S PROPOSED VOIR DIRE

For its proposed voir dire of the jurors in this matter, Plaintiff respectfully requests that
the Court inquire as follows:
1. Have any of you registered a domain name and if so, how many and what for?
2. Do you have any specialized knowledge about domain names, domain name parking or
selling domain names?
3. Do any of you write software or develop websites? If so, tell us about any projects you
have been involved in and who you worked for on those projects.
4. Do you have any specialized knowledge or opinions about trademark law?
5. Have you ever registered a trademark with the United States Patent and Trademark
Office (“USPTO”)?
6. Do you or your company own any trademarks? If so, what is your understanding as to
your rights against other people who might seek to use your or your company‟s
trademarks to compete against you?
7. Do you think that companies should, or should not, have the right to protect their
trademarks both on the internet and offline?
8. Have you ever owned a domain name that you knew to be typographically similar to
someone else‟s trademark? If so, did you ever do anything with the domain such as place
advertisements on it, place it for sale or try to make money off it?
9. Have you or anyone you know ever been accused of cybersquatting, typosquatting or
trademark infringement?

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10. I would like each juror to state how Internet savvy he or she are, from “Not at all” to
“Very knowledgeable.” For those that are very knowledgeable, please describe how you
gained the knowledge and any areas you believe you have a level of expertise?
11. If the evidence and law in this case established that Plaintiff was entitled to millions of
dollars in damages, would you have any problem awarding the damages warranted under
law?
12. This case requires you to determine whether Defendants‟‟ had a bad faith intent to profit
from Plaintiff‟s trademarks when it registered and used certain domain names. Would
you have any problem finding that Defendant acted in „bad faith‟ if the evidence
supported that conclusion?
13. This case involves weather-streaming technology developed by a group of people, some
of who were University of Michigan professors and/or graduates. In Michigan we love
our collegiate rivalries and can be very passionate about them. If you are a graduate of
somewhere other than the University of Michigan or have allegiance to a different
university (e.g. Michigan State Spartan fan, Ohio State Buckeye), can you put aside any
feelings you may have about allegiance to a particular university or sports teams and
decide this case only on the evidence presented?
RESPECTFULLY SUBMITTED this 28th day of February 2012.
/s/Enrico Schaefer___________________
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]
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Lead Counsel 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

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