CNG Financial Corporation v. Google Inc

Filing 74

RESPONSE in Opposition re 69 MOTION to Exclude Testimony of Plaintiff's Expert Michael Mazis filed by Plaintiff CNG Financial Corporation, Counter Defendant CNG Financial Corporation. (Attachments: # 1 Affidavit /Declaration of Hunter in support of CNG Opposition to Motion# 2 Exhibit Exhibit A to Attachment# 3 Exhibit Exhibit B to Attachment to Opposition# 4 Exhibit Exhibit C to Attachment to Opposition# 5 Exhibit Exhibit D to Attachment to Opposition# 6 Exhibit Exhibit D - Part B to Attachment to Opposition# 7 Exhibit Exhibit E to Attachment to Opposition to Motion to Exclude) (Hunter, Barry)

CNG Financial Corporation v. Google Inc

Doc. 74 Att. 3

Case 1:06-cv-00040-SSB-TSB

Document 74-4

Filed 07/20/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

)

CNG FINANCIAL CORPORATION, )

Case No. 1:06cv040

Plaintiff/ )

)

vs. )
)

Counterclaim-Defendant, )
)

CERTIFIED COpy

GOOGLE, INC., )

Defendant/ )
Counterclaim-Plaintiff. )
)

)

VIDEOTAPED DEPOSITION OF
MICHAEL B. MAZIS, Ph.D.
Washington, D.C.

Thursday, February 1, 2007

Job No.: 22-95215
Pages 1 through 110

EXHIBIT

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D

B

B

Reported by: John L. Harmonson, RPR

NI LEGALINK~
A MERRILL COMMUNICATIONS COMPANY

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Case 1:06-cv-00040-SSB-TSB

Document 74-4

MICHAL B. MAZIS,
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Filed 07/20/2007 Page 2 of 3 Ph.D. February 1, 2007

"Check to Go."
And based on the court ruling , it's

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possible that it could be a violation of trademark

law. But that's obviously not for me to say.

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Q. I see.
The purpose of the study was to try to

measure the effect of "Check 'n Go" as a search

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term, correct? As opposed to in the text of ads?
Isn't that what you said earlier?

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A. Yes, in part. Right.
Q. Well, then, what's the other part? A. Well, the other part has to do with
It's when you -- when "Check 'n Go" is placed in

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the search window, when the sponsored link -- when

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the results page come up and there's competi ti ve
sponsored links on there, the question is to what

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extent are people confused as to the source of

those sponsored links.
So, I mean, there's two elements. One
is entering "Check 'n Go" in the search window or
search box, and the second is the sponsored links,

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the competi ti ve sponsored links.

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Q. I see.
And how do you go about determining

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which of those two those two elements -- Strike
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Case 1:06-cv-00040-SSB-TSB

Document 74-4

MICHAL B. MAZIS, Ph. D.
11:00:18
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Filed 07/20/2007 Page 3 of 3 February 1, 2007

designing the survey in this case?

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A. No.
Q. SO is it your testimony you didn't

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understand what the judge meant by cri tici zing the
survey because it didn't use a control of a

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generic search term? Or is it your testimony that
you understood it but you simply disagreed with

her?
MR. HUNTER: Or both.
BY MR. PAGE:

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Q. Or both.

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A. Well, yeah, I understood it, but I
didn't think the criticism made sense, especially
as applied to my survey.

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Q. You did a pretest in this case,
correct? A. Yes.
Q.

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Okay.

I s there a reason why you didn't

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mention that in your report?

A. No.
MR. HUNTER: I mean, we gave it to you
like a day later.
BY MR. PAGE:

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Q. Why did you do a pretest?
A. Well, two reasons. One is to make sure
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