Gucci America, Inc. v. Frontline Processing Corporation et al

Filing 64

DECLARATION of Jennifer C. Halter in Opposition re: 49 MOTION for Summary Judgment on Statutory Damages Claim.. Document filed by Gucci America, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4 - Part1, # 5 Exhibit 4 - Part 2, # 6 Exhibit 4 - Part 3, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13)(Weigel, Robert)

Gucci America, Inc. v. Frontline Processing Corporation et al

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69. Similarly, an internet search for "handbags and accessories" on NexTag Inc.'s online shopping price comparison service causes Defendants' advertisement and a link to www.TheBagAddiction.com to appear at the bottom of the search results. Defendants purchase this advertising spot from NexTag, Inc. Shown below is a true and accurate image of an online search for "handbags and accessories" on www.NexTag.com, except that an arrow has been added to direct the reader's attention to the relevant text.

70. An internet search for "handbags and accessories" on Shopzilla, Inc.'s online shopping price comparison service causes Defendants' advertisement and a link to www.TheBagAddiction.com to appear at the bottom of the search results. Defendants purchase this advertising spot from Shopzilla, Inc. Shown below is a true and accurate image of an online 52

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search for "handbags and accessories" on www.Shopzilla.com, except that an arrow has been added to direct the reader's attention to the relevant text.

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71. An internet search for "handbags and accessories" on Become, Inc.'s online shopping price comparison service causes Defendants' advertisement and a link to www.TheBagAddiction.com to appear at the bottom of the search results. Defendants purchase this advertising spot from Become, Inc. Shown below is a true and accurate image of an online search for "handbags and accessories" on www.become.com, except that an arrow has been added to direct the reader's attention to the relevant text.

THE INVESTIGATION INTO DEFENDANTS 72. Stonegate undertook a diligent investigation of the source of the Counterfeit Products described herein using lawful means and publicly available databases.

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73. Acting under my direction, Stonegate agents examined images of the website www.TheBagAddiction.com saved at www.Archive.org. A caption from the website, dated October 26, 2006, shows a copyright notice of Laurette Company, Inc. Attached as Exhibit 15 is a true and correct copy of this archived caption of the website. 74. Stonegate's investigation into Laurette Company, Inc. revealed that it was a Nevada corporation formed on June 27, 2006. 75. On November 14, 2007, Stonegate examined the online corporation database of the Nevada Secretary of State. It identified the President, Treasurer, Director, and Secretary of Laurette Company to be Jennifer Kirk, 3031 Stanford Ranch Road, Unit 2, Rocklin, California 95765. Attached as Exhibit 16 is a true and correct copy of a printout of the online records for Laurette Company dated November 14, 2007 from the Nevada Secretary of State's website. 76. On January 25, 2008, Stonegate re-examined the online corporation database of the Nevada Secretary of State and found that an "Annual List" was filed for Laurette Company, Inc. on December 4, 2007. The President, Treasurer, Director, and Secretary were updated to read, "Jennifer Mattchen, 848 N. Rainbow Boulevard, Suite 1943, Las Vegas, Nevada 89107." Attached as Exhibit 17 is a true and correct copy of a printout of the online records for Laurette Company Inc. dated January 25, 2008 from the Nevada Secretary of State's website. 77. Further investigation by Stonegate agents revealed that the most recent resident address linked to Jennifer Marie Mattchen a/k/a Jennifer Marie Kirk a/k/a Jennifer Besson is 703 Chesterfield Way, Rocklin, California 95765. Telephone directory assistance shows a nonpublished listing for her at the address. Attached as Exhibit 18 is a true and correct copy of a printout of telephone directory white pages from www.Switchboard.com,

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78. Stonegate's search of property records using an investigative database for 703 Chesterfield Way show that the address is a single family residence owned by Patrick B. Kirk. Attached as Exhibit 19 is a true and correct copy of the property records for 703 Chesterfield Way, Rocklin, California 95765. 79. Stonegate's search of property records using an investigative database linked Jennifer Mattchen to two additional properties: 6607 Escallonia Way, Rocklin, California 95765 and 5018 Bradford Drive, Rocklin, California 95765. Both are located in Placer County, California. Stonegate conducted telephone inquiries with the Placer County Assessor's Office. Stonegate's research found no properties owned by Jennifer Mattchen, Jennifer Kirk, or Jennifer Besson. Attached as Exhibit 20 is a true and correct copy of the property records associated with Jennifer Mattchen. 80. Stonegate's search of U.S. District Court records revealed two matters involving Jennifer Mattchen. On April 9, 1998, Jennifer Marie Mattchen filed a Prisoner Civil Rights suit against Lew Kuykendall, Warden. The docket lists her address as 5018 Bradford Drive, Rocklin, California 95765. Attached as Exhibit 21 is a true and correct copy of the docket sheet for Mattchen v. Kuykendall, 2:98-cv-00642-DFL-GGH (E.D. Cal. Apr. 9, 1998). 81. On November 30, 2006, Jennifer Mattchen filed a Chapter 7 Bankruptcy Petition pro se. The docket lists her address as 703 Chesterfield Way, Rocklin, California 95765 and provides that she is also known as "Jennifer Besson." Included among the assets listed in her bankruptcy disclosures was a checking account with Patelco Credit Union. Attached Exhibit 22 is a true and correct copy of the docket sheet and petition for Jennifer Mattchen's Chapter 7 Bankruptcy.

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82. Registration data for www.TheBagAddiction.com domain name provided by Network Solutions includes the following contact information: Katz Global Domain Name Trust Privacy Protected Domain Katz Global Domain Name Trust ([e-mail]) 32 Maxwell Road #03-07 SC, SC, SG 069115 P: +520.67228356 F: +65.67258021 The domain was created on August 1, 2006. Attached as Exhibit 23 is a true and correct copy of a printout from Network Solutions Inc.'s "WhoIs" record for www.TheBagAddiction.com. 83. According to its website, Katz Global Media "provides Anonymous Hosting, Anonymous Domain Trust, and Offshore Hosting solutions for clients who require enhanced privacy." Its services are designed to hide customer identities from WhoIs records, Internet hosting, and e-mail. Katz Global's website provides the following contact information: Katz Global Media P.O. Box 35267 Tucson, Arizona 85740 P: +520.304-6783 Attached as Exhibit 24 is a true and correct copy of printouts from Katz Global Media's website www.KatzGlobal.com. 84. Records from the Arizona Corporation Commission's website for Katz Global show that the formal business name is Katz Global Media, L.L.C. I know this to be the same entity as named at the website because an Amendment filed on January 8, 2007 on behalf of Katz Global Media, L.L.C. shows the same P.O. Box address as that provided on the website. Katz Global Media was formed on August 16, 2005. The Arizona Corporation Commission records lists Gordon Hayes, 2314 E 17th Street, Tucson, Arizona 85719 as a member of Katz Global Medial, L.L.C. The Registered Agent is Melissa Noshay Petro, 4801 E. Broadway Boulevard #400,

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Tucson, Arizona 85711. Attached as Exhibit 25 is a true and correct copy of printouts from the Arizona Corporation Commission's Corporations Division's website. 85. An e-mail I received from TheBagAddiction.com shows that it originated from the Internet Protocol ("IP") address 66.216.64.0.1. Attached as Exhibit 26 is a true and correct copy of the e-mail and IP address received from [e-mail]. 86. Registration data for the IP address 66.216.64.0.1 from the American Registry for Internet Numbers ("ARIN") lists Rackspace.com, Ltd., 9725 Datapoint Drive, Suite 100, San Antonio, Texas 78229, and Volusion, Inc., 1736 Erringer Road, Suite 202, Simi Valley, California 93065. Attached as Exhibit 27 is a true and correct copy of printouts from ARIN's "WhoIs" records for IP Address 66.216.64.0.1, Rackspace.com, Ltd., and Volusion, Inc. 87. Registration data for the domain name www.Rackspace.com provided by Network Solutions includes the following contact information: Rackspace, Ltd. 9725 Datapoint Dr. #100 San Antonio, Texas 78205 P: +1.210.447.4000 F: +1.210.447.4033 Attached as Exhibit 28 is a true and correct copy of Network Solution's "WhoIs" records for www.Rackspace.com. The www.Rackspace.com website provides this same address as its "Contact Information." Attached as Exhibit 28 is a true and correct copy of the contact information provided on the www.Rackspace.com website. 88. Corporation records from the State of Texas provide company information for Rackspace US Inc., 9725 Datapoint Dr. Ste 100, San Antonio, Texas, 78229. The records show that Rackspace's registered agent is Capitol Corporate Services, Inc., 800 Brazos Suite 400, Austin, Texas 78701. Attached as Exhibit 29 is a true and correct copy of a printout of the

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corporate record for Rackspace US Inc. from the Texas Comptroller of Public Account's website. 89. Registration data for the domain name www.Volusion.com provided by Network Solutions includes the following contact information: Kevin Sproles Volusion, Inc. 1736 Erringer Rd., Ste 202 Simi Valley, CA 93065 +1.800.646.3517 Attached as Exhibit 30 is a true and correct copy of Network Solution's "WhoIs" record for www.Volusion.com. The www.Volusion.com website provides this same address on its "About Us" webpage. Attached as Exhibit 31 is a true and correct copy of the contact information provided on the www.Volusion.com website. 90. Corporation records from the State of California provide company information for Volusion, Inc., 1736 Erringer Rd., Ste 202, Simi Valley, California, 93065. The records show that Volusion, Inc.'s registered agent is Jan Sundberg, Loeb, Kosacz & Sundberg, LLP, 2801 Townsgate Rd., Suite 209, Westlake Village, California, 91361. Attached as Exhibit 32 is a true and correct copy of a printout of the corporate record for Volusion, Inc. from the California Secretary of State's website. 91. The website www.Volusion.com describes Volusion, Inc.'s business as providing "ecommerce solutions" in many forms, including, but not limited to: "a free website," "integrated shopping cart," "payment collection," "marketing," and "excellent support." Volusion, Inc.'s website advertises its services as allowing its customers to "[a]ccept credit cards for payment directly on your site, and then have those funds placed directly into your bank account." Attached as Exhibit 33 are true and correct copies of printouts from the website www.Volusion.com, describing Volusion, Inc.'s business. 59

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92. Stonegate was unable to determine from the public record Volusion, Inc.'s specific role in designing, directing, and supporting Defendants' infringing conduct, but it is possible that Volusion, Inc. plays a direct role in Defendants' trademark infringement. 93. According to www.TheBagAddiction.com, the website is a "verified Authorize.Net merchant." 94. The "Authorize.Net" hyperlink describes Authorize.Net as "committed to providing its merchants with the highest level of transaction processing security, safeguarding customer information and combating fraud." Show below is a true and accurate image of www.TheBagAddiction.com's Authorize.Net merchant verification.

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95. The website www.Authorize.net describes Authorize.Net as a "leading provider of payment gateway services, managing the submission of payment transactio