Consumerinfo.com v Chang Jury Verdict

8/8/2019 Consumerinfo.com v Chang Jury Verdict

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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT

UNITED STATES OF AMERICA

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CENTRAL DIVISION

- - -

HONORABLE VALERIE BAKER FAIRBANK

UNITED STATES DISTRICT JUDGE

- - -

CONSUMERINFO.COM, INC., )

) CERTIFIED ORIGINALPLAINTIFF, )

)VS. ) CV 09-03783-VBF(MAN)

)

ALEX CHANG, ET AL. )

)

DEFENDANT. )

________________________________)

TRIAL, DAY 17

LOS ANGELES, CALIFORNIA

WEDNESDAY, JANUARY 12, 2011

ROSALYN ADAMS, CSR 11794

OFFICIAL COURT REPORTER

100 UNITED STATES COURTHOUSE

312 NORTH SPRING STREET, ROOM 410

LOS ANGELES, CALIFORNIA 90012

(213) 894-2665


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APPEARANCES:

ON BEHALF OF PLAINTIFF:

KAYE SCHOLER LLP

BY: RHONDA R. TROTTERJOSHUA STAMBAUGH

1999 AVENUE OF THE STARS

SUITE 1700


(310) 788-1000

ON BEHALF OF DEFENDANT, ALEX CHANG:

ORRICK HERRINGTON SUTCLIFFE

BY: KENT B. GOSS

VALERIE M. GOOSETH E. FREILICH

777 SOUTH FIGUEROA STREET

SUITE 3200


(213) 612-2020

ON BEHALF OF DEFENDANT, ADAPTIVE MARKETING LLC:

GREENBERG TRAURIG LLP

BY: VINCENT H. CHIEFFO

2450 COLORADO AVENUESUITE 400E

SANTA MONICA, CALIFORNIA 90404

(310) 586-7700


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LOS ANGELES, CALIFORNIA; WEDNESDAY, JANUARY 12, 2011; 1:30 PM

--000--

THE COURT: GOOD AFTERNOON. PLEASE BE SEATED. IN

THE TRIAL I NOTE THE PRESENCE OF THE ATTORNEYS AND THE

PARTIES. AS YOU KNOW, WE RECEIVED A NOTE FROM THE JURY,

STATING THEY'VE REACHED A UNANIMOUS VERDICT.

CAN MY CLERK CALL IN THE JURORS?

MR. RAMALLO: YES, YOUR HONOR.

MR. GOSS: YES, YOUR HONOR.

THE COURT: ALL RIGHT, THANK YOU.

(THE JURY ENTERS THE COURTROOM.)

THE COURT: COULD THE JURORS BE SURE TO RETURN TO

THEIR ASSIGNED SEAT NUMBERS.

(FLAG SALUTE.)

THE COURT: GOOD AFTERNOON. PLEASE BE SEATED. I

NOTE THE PRESENCE OF ALL OF THE JURORS.

PLEASE ANSWER "YES" OR "NO." DON'T VOLUNTEER ANY

INFORMATION, EXTRA INFORMATION.

MR. DONALD THOMAS, ARE YOU THE FOREPERSON?

THE FOREPERSON: YES.

THE COURT: WE RECEIVED A NOTE RECENTLY THAT THE

JURY HAS REACHED A UNANIMOUS VERDICT; IS THAT TRUE?



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THE COURT: I NOTE THAT YOU HAVE AN ENVELOPE.

DOES IT CONTAIN THE VERDICT?


THE COURT: IF YOU'D PASS IT DOWN TO THE BAILIFF,

HE'LL HAND IT TO ME AND I WILL CHECK IT FOR FORM. AND AFTER

I CHECK THE VERDICT FORM, I'LL HAND IT TO ME CLERK,

MR. REMIGIO, TO READ.

I WILL HAND THE VERDICT FORM, WHICH HAS BEEN SIGNED

AND DATED BY THE FOREPERSON, TO THE CLERK TO READ.

THE CLERK: UNITED STATES DISTRICT COURT, CENTRAL

DISTRICT OF CALIFORNIA, WESTERN DIVISION. CONSUMERINFO.COM

INCORPORATED, A CALIFORNIA CORPORATION, PLAINTIFF, VS. ONE

TECHNOLOGIES LP, A DELAWARE LIMITED PARTNERSHIP, AND ADAPTIVE

MARKETING LLC, A DELAWARE CORPORATION, DEFENDANTS, AND

RELATED COUNTERCLAIMS; CASE NUMBER CV 09-3783-VBF(MANX),

VERDICT FORM, SECTION A, CONSUMERINFO'S TRADEMARK

INFRINGEMENT CLAIM, FREECREDITREPORT.COM.

NUMBER ONE: IS FREECREDITREPORT.COM A VALID AND

PROTECTABLE TRADEMARK?

THE ANSWER IS YES.

IF THE ANSWER IS "YES," PROCEED TO THE NEXT

QUESTION.

NUMBER TWO: DOES CONSUMERINFO OWN

FREECREDITREPORT.COM AS A TRADEMARK?

THE ANSWER IS YES.


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IF THE ANSWER IS "YES," PROCEED TO THE NEXT

QUESTION.

NUMBER THREE: DID THE DEFENDANT USE

FREECREDITREPORT.COM OR A SIMILAR TERM WITHOUT THE CONSENT OF

CONSUMERINFO IN A MANNER THAT IS LIKELY TO CAUSE CONFUSION

AMONG ORDINARY PURCHASERS AS THE SOURCE OF GOODS -- AS TO THE

SOURCE OF THE GOODS?

AS TO ADAPTIVE MARKETING, THE ANSWER IS NO.

AS TO ONE TECHNOLOGIES, THE ANSWER IS NO.

IF YOU ANSWERED "NO," TO THIS QUESTION AS TO EITHER

DEFENDANT, PLEASE PROCEED TO SECTION B AS TO THAT DEFENDANT.

SECTION B: IS CONSUMERINFO'S TRADEMARK

INFRINGEMENT CLAIM TRIPLEADVANTAGE?

(PAUSE IN PROCEEDINGS.)

THE COURT: WITH RESPECT TO SECTION A, QUESTION 4,

IT APPEARS THAT INITIALLY THERE WAS A CHECK, BUT THEN THE

CHECKMARKS WERE CROSSED OUT AND INITIALED BY MR. THOMAS SO

THEY SHOULD BE DISREGARDED.

CAN I HAVE MY CLERK APPROACH MR. -- SHOW THIS TO --

MAY I HAVE MY CLERK SHOW THIS TO COUNSEL FOR ALL SIDES AND

THEN SHOW MR. THOMAS AND ASK IF THAT'S THE CORRECT

INTERPRETATION THAT THE CHECKMARKS UNDER SECTION A, QUESTION

4, WERE CROSSED OUT AND SHOULD BE DISREGARDED.

MR. THOMAS, CAN YOU ANSWER, BASICALLY, "YES" OR

"NO"?


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YES -- DID YOU MEAN TO CROSS OUT THE CHECKMARKS?


THE COURT: THANK YOU VERY MUCH.

THEN, MR. REMIGIO, I UNDERSTAND YOU'RE PROCEEDING

WITH SECTION B?

THE CLERK: CORRECT, YOUR HONOR.

SECTION B, CONSUMERINFO'S TRADEMARK INFRINGEMENT

CLAIM, TRIPLEADVANTAGE.

QUESTION NUMBER 1: IS TRIPLEADVANTAGE A VALID AND

PROTECTABLE TRADEMARK?

THE ANSWER IS YES.

IF YOU ANSWERED "YES," TO THIS QUESTION, PROCEED TO

THE NEXT QUESTION.

QUESTION NUMBER 2: DOES CONSUMERINFO OWN

TRIPLEADVANTAGE AS A TRADEMARK?

THE ANSWER IS YES.

IF YOU ANSWERED "YES" TO THIS QUESTION, PROCEED TO

THE NEXT QUESTION.

QUESTION NUMBER 3: DID THE DEFENDANTS USE

TRIPLEADVANTAGE OR A SIMILAR TERM WITHOUT THE CONSENT OF

CONSUMERINFO IN A MANNER THAT IS LIKELY TO CAUSE CONFUSION

AMONG ORDINARY PURCHASERS AS TO THE SOURCE OF THE GOODS?

AS TO ADAPTIVE MARKETING, THE ANSWER IS NO; AS TO

ONE TECHNOLOGIES, THE ANSWER IS NO.



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DEFENDANT, PROCEED TO SECTION C AS TO THAT DEFENDANT.

SECTION C, CONSUMERINFO'S CYBERSQUATTING CLAIM.

ANSWER THE QUESTIONS IN THIS SECTION ONLY IF YOU

FOUND FREECREDITREPORT.COM IS A VALID AND PROTECTABLE

TRADEMARK OWNED BY CONSUMERINFO.

QUESTION NUMBER 1: DID THE DEFENDANT HAVE THE

BAD-FAITH INTENT TO PROFIT FROM THE FREECREDITREPORT.COM

MARK?

AS TO ADAPTIVE MARKETING, THE ANSWER IS YES; AS TO

ONE TECHNOLOGIES, THE ANSWER IS YES.

IF YOU ANSWERED "YES," TO THIS QUESTION AS TO

EITHER DEFENDANT, PROCEED TO THE NEXT QUESTION AS TO THAT

DEFENDANT.

QUESTION NUMBER 2: DID THE DEFENDANT REGISTER,

TRAFFIC-IN OR USE A DOMAIN NAME THAT, A), IF THE

FREECREDITREPORT.COM MARK WAS VALID AND PROTECTABLE AT THE

TIME THE DOMAIN NAME WAS REGISTERED, WAS IDENTICAL, OR

CONFUSINGLY SIMILAR TO THE FREECREDITREPORT.COM MARK OR, B),

IF FREECREDITREPORT.COM MARK WAS FAMOUS AT THE TIME THE

DOMAIN NAME WAS REGISTERED, WAS IDENTICAL, CONFUSINGLY

SIMILAR, OR DILUTIVE OF THE FREECREDITREPORT.COM MARK?






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DEFENDANT.

QUESTION NUMBER 3: WAS THE DEFENDANT'S USE OF

FREECREDITREPORT.COM OR A SIMILAR TERM A FAIR USE?




DEFENDANT, PROCEED TO THE NEXT QUESTION AS TO THAT DEFENDANT.

QUESTION NUMBER 4: HAS DEFENDANTS' CYBERSQUATTING

CAUSED CONSUMERINFO DAMAGE?





DEFENDANT.

QUESTION NUMBER 5: DID DEFENDANT EARN ANY PROFITS

THAT ARE ATTRIBUTABLE TO CYBERSQUATTING?



PROCEED TO THE NEXT QUESTION.

PLEASE WRITE IN THE AMOUNT, IF ANY, OF DAMAGE TO

CONSUMERINFO CAUSED BY DEFENDANTS' CYBERSQUATTING.

AS TO ADAPTIVE MARKETING, $450,000; AS TO ONE

TECHNOLOGIES, $120,000.


QUESTION NUMBER 7: PLEASE WRITE IN THE AMOUNT, IF


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ANY, OF DEFENDANT'S PROFITS THAT ARE ATTRIBUTABLE TO

CYBERSQUATTING.

AS TO ADAPTIVE MARKETING, $1,050,000; AS TO ONE

TECHNOLOGIES, $280,000.


QUESTION NUMBER 8: DID CONSUMERINFO FAIL TO

MITIGATE DAMAGES?



IF YOU ANSWERED "NO, "TO THIS QUESTION AS TO EITHER

DEFENDANT, PROCEED TO SECTION D AS TO THAT DEFENDANT.

SECTION D, CONSUMERINFO'S DILUTION CLAIM. ANSWER

THE QUESTIONS IN THIS SECTION D ONLY IF YOU FOUND

FREECREDITREPORT.COM IS A VALID AND PROTECTABLE TRADEMARK

OWNED BY CONSUMERINFO.

QUESTION NUMBER 1: IS FREECREDITREPORT.COM FAMOUS?

THE ANSWER IS YES.


THE NEXT QUESTION.

QUESTION NUMBER 2: DID THE DEFENDANT USE

FREECREDITREPORT.COM IN COMMERCE?



IF YOU ANSWERED "YES" TO THIS QUESTION AS TO EITHER

DEFENDANT, PROCEED TO THE NEXT QUESTION AS TO THAT DEFENDANT.


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QUESTION NUMBER 3: DID THE DEFENDANT BEGIN USING

FREECREDITREPORT.COM AFTER IT BECAME FAMOUS?



IF YOU ANSWERED "NO" TO THIS QUESTION AS TO EITHER

DEFENDANT, PROCEED TO SECTION E AS TO THAT DEFENDANT.

SECTION E, CONSUMERINFO'S CONTRIBUTORY LIABILITY

CLAIM AGAINST ADAPTIVE MARKETING.

QUESTION NUMBER 1: DID ONE TECHNOLOGIES INFRINGE

CONSUMERINFO'S FREECREDITREPORT.COM OR TRIPLEADVANTAGE

TRADEMARKS?

THE ANSWER IS YES.


THE NEXT QUESTION.

DID ADAPTIVE MARKETING INTENTIONALLY INDUCE ONE

TECHNOLOGIES TO INFRINGE CONSUMERINFO'S FREECREDITREPORT.COM

OR TRIPLEADVANTAGE?

THE ANSWER IS NO.

IF YOU ANSWERED "NO" TO THIS QUESTION, PROCEED TO

SECTION F.

SECTION F, CONSUMERINFO'S VICARIOUS LIABILITY CLAIM

AGAINST ADAPTIVE MARKETING.

QUESTION NUMBER 1: DID ONE TECHNOLOGIES INFRINGE

CONSUMERINFO'S FREECREDITREPORT.COM OR TRIPLEADVANTAGE

TRADEMARKS?


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THE ANSWER IS YES.


THE NEXT QUESTION.

QUESTION NUMBER 2: DID YOU FIND THAT ADAPTIVE HAD

THE AUTHORITY TO BIND ONE TECHNOLOGIES IN TRANSACTIONS WITH

THIRD PARTIES AND THAT ONE TECHNOLOGIES HAD THE AUTHORITY TO

BIND ADAPTIVE IN TRANSACTIONS WITH THIRD PARTIES, OR THAT

ADAPTIVE AND ONE TECHNOLOGIES EXERCISED JOINT OWNERSHIP

OVER -- OR CONTROL OVER THE INFRINGING CONDUCT?

THE ANSWER IS YES.


THE NEXT QUESTION.

QUESTION NUMBER 3: WAS CONSUMERINFO DAMAGED BY

INFRINGEMENT?

THE ANSWER IS YES.


THE NEXT QUESTION.


ANY, OF DAMAGE TO CONSUMERINFO CAUSED BY ONE TECHNOLOGIES'

INFRINGEMENT OF FREECREDITREPORT.COM AND/OR TRIPLEADVANTAGE.

$120,000 IS WRITTEN IN.



ANY, OF ONE TECHNOLOGIES' PROFITS THAT ARE ATTRIBUTABLE TO

THE INFRINGEMENT OF FREECREDITREPORT.COM AND/OR


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TRIPLEADVANTAGE.

$280,000 IS WRITTEN IN.

QUESTION NUMBER 6: DID CONSUMERINFO FAIL TO

MITIGATE DAMAGES?

THE ANSWER IS NO.

IF YOU ANSWERED "NO" TO THIS QUESTION, PLEASE

PROCEED TO SECTION G.

SECTION G, ONE TECHNOLOGIES' CLAIM FOR FRAUD ON THE

UNITED STATES PATENT AND TRADEMARK OFFICE, P.T.O.

QUESTION NUMBER 1: DID CONSUMERINFO MAKE A FALSE

REPRESENTATION TO THE P.T.O. TRADEMARK EXAMINER REGARDING A

MATERIAL FACT?

THE ANSWER IS NO.

IF YOU ANSWERED "NO" TO THIS QUESTION, PROCEED TO

SECTION H.

THE COURT: ALL RIGHT. WITH RESPECT TO THE VERDICT

FORM SECTION G, QUESTION 2, THERE IS A CHECK UNDER "NO," AND

THEN THE INITIALS "DT."

I WOULD ASK MY CLERK TO SHOW COUNSEL QUESTION 2,

SECTION G, AND THEN SHOW THIS TO THE FOREPERSON AND ASK IF HE

MEANT TO DELETE THE CHECKMARK. THANK YOU.

AND AFTER SHOWING COUNSEL, THE CLERK IS SHOWING THE

VERDICT FORM TO THE FOREPERSON.

WITH YOUR INITIALS, DID YOU MEAN TO HAVE THE COURT

DISREGARD THE LINE THROUGH "NO" UNDER SECTION 2?


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THE COURT: THANK YOU.

MR. REMIGIO, WOULD YOU PLEASE CONTINUE.

THE CLERK: CONTINUING ONTO SECTION H, ONE

TECHNOLOGIES' CLAIM FOR CANCELLATION.

QUESTION NUMBER 1: DO YOU FIND THAT

FREECREDITREPORT.COM IS GENERIC?

THE ANSWER IS NO.

DATED JANUARY 12TH, 2011, AND SIGNED BY THE JURY

FOREPERSON.

THE COURT: LADIES AND GENTLEMEN OF THE JURY, IS

THIS VERDICT AS PRESENTED AND READ THE VERDICT OF EACH OF

YOU, SO SAY YOU ALL?

ALL JURORS: YES.

THE COURT: IS THERE A REQUEST THAT THE JURY BE

POLLED, INDIVIDUALLY?

MS. TROTTER: NO, YOUR HONOR.

MR. GOSS: NO, YOUR HONOR.

MR. CHIEFFO: NO, YOUR HONOR.

THE COURT: ALL RIGHT.

WOULD COUNSEL APPROACH ONE MOMENT.

(SIDEBAR.)

THE COURT: IS THERE ANYTHING ELSE YOU WANT ME TO

ASK THE JURY ABOUT THE VERDICT FORM AT THIS TIME?



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MR. CHIEFFO: NO, YOUR HONOR.

THE COURT: ALL RIGHT. SINCE WE STILL HAVE THE

BIFURCATED PHASE ISSUE TO DISCUSS, SHALL I SEND THE JURY BACK

TO THE JURY ROOM? WE CAN DISCUSS IT, IF WE'RE GOING TO

CONTINUE WITH IT. IT'S AFTER 2:00 O'CLOCK NOW. THEY'RE USED

TO LEAVING AT 2:00, SO I'LL TELL THEM TO COME BACK TOMORROW

AT 8:30, OR DO YOU WANT ME JUST TO TELL THEM TO COME BACK AT

8:30?

MR. STAMBAUGH: MY SUGGESTION WOULD BE IF THEY

COULD GO TO THE JURY ROOM FOR ABOUT FIVE MINUTES, I THINK WE

CAN RESOLVE THE BIFURCATION ISSUE, BUT I THINK IT SHOULD BE

DONE OUTSIDE THE PRESENCE OF THE JURY.

THE COURT: YES, OF COURSE. THANK YOU.

(END SIDEBAR.)

THE COURT: WE WANT TO THANK THE JURY PROFUSELY FOR

ITS HARD WORK AND TIME. I WOULD ASK THE JURY TO KINDLY

RETURN TO THE JURY ROOM FOR ABOUT FIVE MINUTES. WHEN YOU'RE

IN THE JURY ROOM NOW, DO NOT TALK ABOUT THIS CASE OR ANYTHING

RELATED TO THIS CASE, ABOUT THE VERDICT, OR ANYTHING RELATED

TO THE VERDICT. THANK YOU VERY MUCH.

(THE JURY EXITS THE COURTROOM.)

THE COURT: COUNSEL, WOULD YOU LIKE TO TAKE A BREAK

AND HAVE ME STEP OUT?

MR. GOSS: I THINK WE CAN -- EVEN TWO MINUTES FOR

THAT BREAK.


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THE COURT: NO PROBLEM. ADVISE MY CLERK WHEN

YOU'RE READY. THANK YOU.

MS. TROTTER: THANK YOU, YOUR HONOR.

MR. GOSS: THANK YOU.

THE COURT: AND IF YOU NEED ANYTHING, LIKE A COPY

OF THE VERDICT FORM, LET MY CLERK KNOW AND WE'LL MAKE SOME

COPIES FOR YOU.

MR. GOSS: THANK YOU, YOUR HONOR.

MS. GOO: THANK YOU.


(RECESS.)

THE COURT: PLEASE BE SEATED. IN THE TRIAL,

COUNSEL ARE HERE, THE PARTIES. THE JURY IS NOT IN THE

COURTROOM.

MR. GOSS, ANYTHING?

MR. GOSS: YES, YOUR HONOR. SO IN LIGHT OF THE

JURY'S FINDINGS ON FRAUD ON THE P.T.O. AND GENERICNESS, THERE

WILL BE NO NEED FOR THE PHASE TWO ANTITRUST PIECE OF THE

CASE. I'M SURE YOU'RE DISAPPOINTED BUT...

THE COURT: MIGHT HAVE BEEN INTERESTING.

EVERYONE IN AGREEMENT THERE?

MS. TROTTER: YES, YOUR HONOR.

THE COURT: IS THERE -- WHILE WE STILL HAVE THE

JURY IN THE JURY ROOM, AND NOT EXCUSED AND INSTRUCTED NOT TO

DISCUSS THIS CASE FURTHER UNTIL GIVEN MORE INSTRUCTIONS BY


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THE COURT, DO COUNSEL WISH TO QUESTION ANY PART OF THE

VERDICT FORM? AND, IN THAT REGARD, DID YOU RECEIVE A COPY OF

THE VERDICT FORM?

MR. GOSS: WE DID NOT, YOUR HONOR, BUT WE FILLED IT

OUT AS YOUR CLERK READ IT.

THE COURT: OKAY. SO EVERYONE HAS A COPY THAT THEY

FILLED OUT?


MR. CHIEFFO: YOUR HONOR?

THE COURT: YES.

MR. CHIEFFO: I WOULD RAISE ONE ISSUE, AT LEAST AS

I UNDERSTOOD HOW THIS CASE WENT TO THE JURY. THE VICARIOUS

LIABILITY OF ADAPTIVE MARKETING IS BASED SOLELY ON PAID

SEARCH. THE JURY'S VERDICT ON PAID SEARCH WAS FOR THE

DEFENDANTS.

AS I RECALL THE CASE, THERE WAS NOT A CLAIM FOR

VICARIOUS LIABILITY ON THE CYBERSQUATTING CLAIMS, AND THERE

COULDN'T BE BECAUSE THE TWO DOMAIN NAMES THAT WERE INVOLVED

OR THE VARIOUS DOMAIN NAMES WERE THE DEFENDANTS' SEPARATE

BUSINESSES. THEY WERE NOT JOINED IN ANY WAY.

THE JURY HAS NOW GIVEN A JUDGMENT FOR VICARIOUS

LIABILITY --

THE COURT: ARE YOU REFERRING TO SECTION E,

CONTRIBUTORY LIABILITY? OR SECTION F, VICARIOUS LIABILITY?

MR. CHIEFFO: I BELIEVE SECTION F, YOUR HONOR. I


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BELIEVE THE PRIOR SECTION D, THERE WAS A DEFENSE VERDICT.

THE COURT: PARDON? I'M ASKING YOU -- ARE YOU

ASKING THE COURT TO LOOK AT SECTION E, CONSUMERINFO'S

CONTRIBUTORY LIABILITY CLAIM, OR SECTION F, CONSUMERINFO'S

VICARIOUS LIABILITY CLAIM?

MR. CHIEFFO: SECTION F, THE VICARIOUS LIABILITY

CLAIM.


MR. CHIEFFO: AND MY COMMENT WAS THAT THE VERDICT

IS BASED UPON THE DAMAGES FOUND TO HAVE BEEN CAUSED BY ONE

TECHNOLOGIES. THERE'S NO CLAIM, HOWEVER, AS I UNDERSTAND IT,

FOR VICARIOUS LIABILITY IN THIS CASE FOR THE CYBERSQUATTING

CLAIMS. I BELIEVE THAT CLAIM IS BASED SOLELY ON THE PAID

SEARCH CLAIMS WHERE THE DEFENDANTS DO HAVE BUSINESS TOGETHER,

BUT THEY DON'T HAVE ANY BUSINESS TOGETHER WITH THEIR SEPARATE

U.R.L.'S. SO IT WOULD SEEM TO ME THAT -- AND I RAISE THIS.

WE, OBVIOUSLY, WOULD BE MAKING A MOTION BASED UPON THIS. BUT

I DON'T SEE THE HOW THE JURY CAN AWARD -- CAN MAKE A FINDING

WHERE THEY FOUND THAT WE'RE NOT LIABLE FOR THE UNDERLYING

TORT THAT WE'RE ACCUSED OF BEING VICARIOUSLY LIABLE FOR.

THE COURT: WHAT IS THE -- ANYTHING TO ADD ON

BEHALF OF ONE TECHNOLOGIES?


THE COURT: MS. TROTTER.

MS. TROTTER: YOUR HONOR, CONSUMERINFO AGREES WITH


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ADAPTIVE WITH RESPECT TO THAT ASPECT OF THE VERDICT.

THE COURT: WHAT WOULD COUNSEL SUGGEST? I AGREE AS

WELL. WE NEED TO ADDRESS -- OR SHOULD WE ADDRESS SECTION F

BEFORE I EXCUSE THE JURY?

MR. CHIEFFO: I THINK BASED UPON MS. TROTTER'S

COMMENTS AND BASED UPON THE CASE, THERE ISN'T A NEED TO

INQUIRE OF THE JURY. THIS IS NOT A CLAIM THAT THEY CAN FIND

LIABILITY ON.

THE COURT: ANYTHING ELSE REGARDING THE VERDICT

FORM?

MS. TROTTER: NO, YOUR HONOR.

THE COURT: CAN I CALL IN THE JURY AND THANK AND

EXCUSE THEM?

OKAY. I'D ASK MR. REMIGIO TO PLEASE CALL IN THE

JURY. AND I ALWAYS TELL THE JURORS THAT THEY DON'T NEED TO

TALK ABOUT THE CASE WITH ANYONE, BUT THEY'RE ALSO FREE TO DO

SO. AND I WOULD SUSPECT COUNSEL WOULD LIKE TO TALK TO THE

JURORS, AS WELL AS THANK THEM. AND THEN AFTER YOU DO TALK

WITH THEM, IF YOU COULD LET MY CLERK KNOW WHEN YOU'RE READY

TO COME BACK AND DISCUSS THE REMAINING ISSUES. THANK YOU.

(THE JURY ENTERS THE COURTROOM.)

THE COURT: PLEASE BE SEATED. I NOTE THE PRESENCE

OF ALL THE JURORS, COUNSEL AND THE PARTIES.

LADIES AND GENTLEMEN, IN A FEW MOMENTS I WILL BE

EXCUSING YOU. BEFORE I DO, I WANT TO, ON BEHALF OF MYSELF


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AND THE COURT SYSTEM, THANK YOU FOR SERVING A JURORS. IT'S A

VERY DIFFICULT TASK. AND I NOTICED THAT YOU ARE A VERY

CONSCIENTIOUS, HARDWORKING JURY. I WOULD EXPLAIN THAT THE

LAW PRECLUDES A JUDGE FROM EVER COMMENTING ON A JURY'S

VERDICT. THAT WOULD BE WRONG BECAUSE THE JURY IS THE SOLE

AND EXCLUSIVE JUDGE OF THE CREDIBILITY OF THE EVIDENCE AND

THE WEIGHT OF THE EVIDENCE AND IS THE FACT-FINDER. BUT I CAN

SAY THAT I WAS VERY THANKFUL AND ADMIRING OF THE JURY FOR THE

HARD WORK THAT YOU DID AND WE REALLY APPRECIATE IT.

BY ACTING AS A JUROR, YOU REALLY BECOME THE

CONSCIENCE OF THE COMMUNITY, AND WE APPRECIATE YOU

UNDERTAKING THIS DIFFICULT TASK. AGAIN, THANK YOU VERY MUCH.

YOU ARE NO LONGER UNDER THE COURT'S DIRECTION NOT

TO TALK ABOUT THIS CASE. YOU CAN TALK ABOUT THIS CASE OR

SUBJECTS RELATED TO THIS CASE WITH ANYONE. OF COURSE, YOU

DON'T NEED TO AS WELL.

I WOULD, IN ADDITION TO THANKING THE JURY, LIKE TO

THANK MY COURT STAFF. YOU CAN SEE THAT THEY ALL WORKED VERY

HARD.

I HAVE TO STAND TO SEE THE COURT REPORTER,

MS. ADAMS, BECAUSE I'M NOT VERY TALL AND I CAN'T SEE HER

USUALLY. (LAUGHTER.)

AND SO I'D LIKE TO THANK THE COURT STAFF WHOM

YOU'VE GOTTEN KNOW: JOE REMIGIO, THE CLERK; THE COURT

REPORTER -- THE CHIEF COURT REPORTER BEING ROSALYN ADAMS; AND


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THE COURT CLERK, ERIC BOORSTEIN, WHO ALSO ASSISTED ON THE

CASE.

I ALSO WANT TO THANK THE ATTORNEYS FOR ALL THREE

SIDES. THEY'RE ALL VERY, VERY KNOWLEDGEABLE AND YOU CAN SEE

THEY WORKED VERY HARD AS WELL.

AGAIN, I WISH TO THANK YOU PROFUSELY FOR THE

SACRIFICE YOU ALL MADE TO SERVE ON A JURY, AND I HOPE YOU

FOUND IT AN INTERESTING EXPERIENCE. THANK YOU VERY MUCH.

I'LL RISE AND EXCUSE THE JURORS.

YOU SHOULD GET YOUR POSSESSIONS FROM THE JURY ROOM.

YOU CAN SPEAK WITH THE ATTORNEYS IF YOU WANT TO.

BEFORE THEY CHECK OUT, MR. REMIGIO, DO THEY NEED TO

GO TO THE JURY ROOM?

THE CLERK: I WILL DOUBLE-CHECK. I WILL GO WITH

THEM AND JUST LET THEM KNOW THEY'VE BEEN EXCUSED.

THE COURT: ALL RIGHT. THANK YOU VERY MUCH. THANK

YOU.

(THE JURY EXITS THE COURTROOM.)

THE COURT: I'LL HAVE MY CLERK ENCOURAGE THE JURORS

TO WALK THROUGH THE COURTROOM, IF YOU'D LIKE. WHEN YOU'RE

READY TO PROCEED DISCUSSING THE EQUITABLE ISSUES THAT REMAIN

IN THE SUIT, LET MY CLERK KNOW. THANK YOU VERY MUCH.

(RECESS.)

THE COURT: GOOD AFTERNOON. IN THE TRIAL, COUNSEL

ARE PRESENT OUTSIDE THE PRESENCE OF THE JURY.


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WE STILL HAVE THE BENCH TRIAL TO ADDRESS, REMAINING

EQUITABLE ISSUES.

HOW DO YOU THINK WE SHOULD PROCEED?

MR. GOSS: THANK YOU, YOUR HONOR. I THINK, AS TO

THE COURT ISSUES AND BRIEFING, WE MIGHT BE GETTING A LITTLE

OPTIMISTIC HERE, BUT WE'RE HOPING THAT IF WE COULD FILE THOSE

BRIEFS IN THREE WEEKS -- IS THAT TOO LATE?

THE COURT: IT MIGHT BE A PROBLEM BECAUSE I'VE GOT

OTHER CASES COMING IN.

MR. GOSS: OKAY. TWO WEEKS?

THE COURT: THAT WOULD BE FINE.

DO YOU ANTICIPATE, COUNSEL, MUCH IN THE WAY OF

PRESENTATION OF EVIDENCE?

MR. GOSS: I THINK ON THE ISSUES THAT ARE

REMAINING, YOUR HONOR, AFTER THE JURY'S VERDICT THERE WILL BE

SOME, BUT I DON'T ANTICIPATE VOLUMINOUS AMOUNTS OF EVIDENCE.

MR. CHIEFFO: YOUR HONOR, I JUST GOT OFF THE PHONE

WITH MR. DONOIAN. THIS IS JUST A PERSONAL COMMENT. HIS

MOTHER-IN-LAW DIED, BUT IT'S GOT EVEN MORE COMPLICATED

BECAUSE OF THE STORM IN THE EAST. NOW THE FUNERAL HAS BEEN

DELAYED A COUPLE OF DAYS. SO I'VE STARTED THE CONVERSATION.

I'M NOT COMPLETELY SURE OF ADAPTIVE MARKETING'S INTENTION

ABOUT WHETHER THERE WOULD BE ANY MORE EVIDENCE. I THINK I

COULD KNOW VERY SHORTLY.

THE COURT: SO THAT WOULD BE A GROUND FOR A LITTLE


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LONGER TIME.

MR. CHIEFFO: I APPRECIATE THAT, YOUR HONOR. I

KNOW MR. DONOIAN DOES TOO.

MR. GOSS: YOUR HONOR, I MAY HAVE MISUNDERSTOOD

YOU. ARE YOU TALKING ABOUT THE PRESENTATION OF ADDITIONAL

EVIDENCE THAT HAS NOT BEEN ADMITTED THUS FAR IN THE CASE?

THE COURT: YES.

WOULD THERE BE ANY ADDITIONAL?

MR. GOSS: WE DON'T ANTICIPATE, MAYBE EXCEPT FOR

ONE OR TWO PIECES OF EVIDENCE, WHICH I THINK -- I THINK WE'LL

BE OKAY ON THAT.


MS. TROTTER.

MS. TROTTER: IT WAS OUR UNDERSTANDING, YOUR HONOR,

THAT WHATEVER EVIDENCE WAS TO BE PRESENTED WOULD HAVE BEEN

PRESENTED DURING THE COURSE OF THE TRIAL, EVEN ON THE

EQUITABLE ISSUES THAT YOUR HONOR HAS DECIDED.

THE COURT: ALL RIGHT. SO COUNTING THE WEEKS FROM

MONDAY, THE 17TH, THE THIRD WEEK WOULD BE FEBRUARY 7TH.

WOULD THAT BE ENOUGH TIME TO WRITE SOMETHING UP OR

DO YOU WANT MORE TIME?

MR. GOSS: THAT WOULD BE GREAT, YOUR HONOR.

MR. CHIEFFO: THAT WOULD BE GREAT, OKAY.

THE COURT: FEBRUARY 7TH. OKAY. I'LL HAVE TO -- I

WOULD TRY TO PLAN A DATE IN THE AFTERNOON, THE WEEK OF


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23

FEBRUARY 21ST. THE 21ST IS THE PRESIDENT'S HOLIDAY --

MONDAY -- BUT SOMETIME BETWEEN THE 22ND, 23RD, 24TH OR 25TH?

MS. TROTTER: THAT MAY BE A PROBLEM, YOUR HONOR,

FOR ME WITH RESPECT TO TRAVEL.

IS IT POSSIBLE TO HAVE IT EARLIER IN FEBRUARY?

THE COURT: I'M STARTING -- I RECALL I'M STARTING A

HUGE TRIAL, CRIMINAL MATTER. I CAN LOOK AT -- THE TRIALS THE

15TH AND 14TH WOULD BE PRETTY PACKED, BUT I'LL SEE WHAT I CAN

DO AND HAVE MY CLERK CALL YOU TO COORDINATE A DATE THAT WOULD

WORK FOR EVERYBODY. BUT THE -- CAN THE BRIEFS BE FILED

SIMULTANEOUSLY ON FEBRUARY 7TH?


MR. GOSS: YES, YOUR HONOR.

MR. CHIEFFO: YES, YOUR HONOR.

THE COURT: ALL RIGHT. WHAT -- MAYBE YOU DON'T

WANT TO GO INTO -- ESPECIALLY SINCE I ALSO HAVE A 3:00

O'CLOCK CASE.

WHAT ARE THE ISSUES THAT SHOULD BE DECIDED WITH THE

BENCH TRIAL? TO THE EXTENT THE COURT IS PERSUADED BY THE

JURY'S VERDICT, IT WOULD SEEM TO BE THAT AN ISSUE IS

PRESENTED AS TO SECTION C REGARDING CYBERSQUATTING. I DON'T

KNOW WHAT -- BEYOND THAT THERE WOULD BE AN ISSUE PRESENTED.

I WOULD NOTE THAT PERTAINING TO ADAPTIVE'S

TRADEMARK INFRINGEMENT COUNTERCLAIM, THE COURT HAS REMOVED

FROM THE CALENDAR AS MOOT THE PORTION OF CONSUMERINFO'S RULE


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50 MOTION, DOCKET 679, DIRECTED TO ADAPTIVE'S COUNTERCLAIM

FOR INFRINGEMENT DUE TO THIS COUNTERCLAIM BEING HEARD BY THE

COURT, RATHER THAN THE JURY. AND IN COURT I RECALL THAT

CONSUMERINFO REQUESTED THAT ITS RULE 50 MOTION, DOCKET 679,

BE TREATED AS A MOTION UNDER RULE 52, PERTAINING TO A COURT

TRIAL.

MS. TROTTER: THAT'S CORRECT, YOUR HONOR. WE

ACTUALLY DID SUBMIT -- WE LODGED PROPOSED FINDINGS OF FACT

AND CONCLUSIONS OF LAW WITH RESPECT TO THAT REQUEST UNDER

52(C). WE WERE UNSURE IF YOUR HONOR WANTED ANY FURTHER

BRIEFING BUT -- WHICH WE DON'T NECESSARILY THINK IS NECESSARY

FOR THE COURT, BUT WE'RE HAPPY TO DO THAT IF YOU WANT.

THE COURT: I DON'T SEE THE NECESSITY AT THIS TIME.

ALL RIGHT. ANYTHING ELSE?

CORRECT ME, IF YOU DISAGREE. THERE WOULD BE NO

JUDGMENT PREPARED UNTIL THE EQUITABLE ISSUES ARE RESOLVED.

AND THE COURT WOULD BE SOMEWHAT INCLINED TO KEEP THE EXHIBITS

HERE UNTIL THE JUDGMENT HAS BEEN PREPARED, UNLESS COUNSEL

BELIEVE THERE'S -- AND I SUSPECT THERE IS -- A LARGE NUMBER

OF EXHIBIT TRIAL NOTEBOOKS THAT AREN'T NECESSARY, IN WHICH

CASE YOU CAN GET TOGETHER AND TALK WITH THE CLERK ABOUT WHEN

YOU'D LIKE YOUR STAFF TO COME IN. OKAY. THANK YOU VERY

MUCH.


MR. CHIEFFO: THANK YOU, YOUR HONOR.


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25

(END OF PROCEEDINGS.)

--000--


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CERTIFICATE OF REPORTER

COUNTY OF LOS ANGELES )

) SS.

STATE OF CALIFORNIA )

I, ROSALYN ADAMS, OFFICIAL COURT REPORTER, IN AND FOR THE

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF

CALIFORNIA, DO HEREBY CERTIFY THAT PURSUANT TO SECTION 753,

TITLE 28, UNITED STATES CODE, THE FOREGOING IS A TRUE AND

CORRECT TRANSCRIPT OF THE STENOGRAPHICALLY REPORTED

PROCEEDINGS HELD IN THE ABOVE-ENTITLED MATTER AND THAT THE

TRANSCRIPT PAGE FORMAT IS IN CONFORMANCE WITH THE REGULATIONS

OF THE JUDICIAL CONFERENCE OF THE UNITED STATES.

DATED: JANUARY 13, 2011

___________/S/__________

ROSALYN ADAMS, CSR 11794

OFFICIAL COURT REPORTER


27/32

$

$1,050,000 [1] - 9:3

$120,000 [2] - 8:23;

11:21

$280,000 [2] - 9:4; 12:2

$450,000 [1] - 8:22

/

/S [1] - 26:18

0

000 [2] - 3:2; 25:2

09-03783-VBF(MAN [1]

- 1:10

09-3783-VBF(MANX [1]

- 4:15

1

1 [7] - 6:9; 7:6; 9:16;

10:9, 23; 12:10; 13:6

100 [1] - 1:23

11794 [2] - 1:22; 26:19

12 [2] - 1:18; 3:1

12TH [1] - 13:9

13 [1] - 26:16

14TH [1] - 23:8

15TH [1] - 23:8

17 [1] - 1:16

1700 [1] - 2:5

17TH [1] - 22:19

1999 [1] - 2:4

1:30 [1] - 3:1

2

2 [7] - 6:14; 7:14; 9:20;11:4; 12:17, 19, 25

2011 [4] - 1:18; 3:1;

13:9; 26:16

213 [2] - 1:25; 2:12

21ST [2] - 23:1

22ND [1] - 23:2

23RD [1] - 23:2

2450 [1] - 2:15

24TH [1] - 23:2

25TH [1] - 23:2

28 [1] - 26:9

2:00 [2] - 14:5

33 [4] - 6:19; 8:2; 10:1;

11:13

310 [2] - 2:6, 17

312 [1] - 1:24

3200 [1] - 2:11

3:00 [1] - 23:16

4

4 [4] - 5:15, 23; 8:8;

11:18

400E [1] - 2:16

410 [1] - 1:24

5

5[2]

- 8:15; 11:2350 [2] - 24:1, 4

52 [1] - 24:5

52(C) [1] - 24:10

586-7700 [1] - 2:17

6

6 [1] - 12:3

612-2020 [1] - 2:12

679 [2] - 24:1, 4

7

7 [1] - 8:25

753 [1] - 26:8777 [1] - 2:10

788-1000 [1] - 2:6

7TH [3] - 22:19, 24;

23:11

8

8 [1] - 9:6

894-2665 [1] - 1:25

8:30 [2] - 14:7

9

90012 [1] - 1:24

90017 [1] - 2:1190067 [1] - 2:5

90404 [1] - 2:16

A

ABOUT [11] - 13:24;

14:10, 17-19; 18:16;

19:14; 21:23; 22:5;

24:21

ABOVE [1] - 26:11

ABOVE-ENTITLED [1]

- 26:11

ACCUSED [1] - 17:20

ACTING [1] - 19:10

ACTUALLY [1] - 24:8ADAMS [5] - 1:22;

19:21, 25; 26:6, 19

ADAPTIVE [23] - 2:13;

4:13; 5:8; 6:23; 7:9,

22; 8:4, 10, 17, 22;

9:3, 8, 22; 10:3, 8,

15, 22; 11:4, 7-8;

16:13; 18:1; 21:22

ADAPTIVE'S [2] -

23:23; 24:1

ADD [1] - 17:21

ADDITION [1] - 19:17

ADDITIONAL [2] - 22:5,

8

ADDRESS [3] - 18:3;

21:1

ADMIRING [1] - 19:8

ADMITTED [1] - 22:6

ADVISE [1] - 15:1

AFTER [6] - 4:5; 10:2;

12:22; 14:5; 18:18;

21:15

AFTERNOON [4] - 3:5,

17; 20:24; 22:25

AGAIN [2] - 19:12; 20:6

AGAINST [2] - 10:8, 22

AGREE [1] - 18:2

AGREEMENT [1] -

15:21

AGREES [1] - 17:25

AL [1] - 1:11

ALEX [2] - 1:11; 2:7

ALL [19] - 3:12, 18;5:20; 12:16; 13:13,

20; 14:2; 17:8; 18:23;

19:18; 20:3, 7, 16;

22:12, 18; 23:15;

24:14

ALSO [4] - 18:16; 20:1,

3; 23:16

ALWAYS [1] - 18:15

AMERICA [1] - 1:1

AMONG [2] - 5:6; 6:22

AMOUNT [4] - 8:20, 25;

11:18, 23

AMOUNTS [1] - 21:16

AN [4] - 4:1; 20:8;23:20, 22

AND [71] - 3:6; 4:5, 9,

13-14, 18; 5:17,

20-21, 23; 6:9; 7:4,

16; 9:14; 11:6, 8;

12:9, 17, 20, 22;

13:9, 11-12; 14:16,

23; 15:5, 17, 24;

16:2, 17; 17:9, 16;

18:6, 12, 15, 17-18,

20, 23-24; 19:1, 6-9,

11, 21, 23, 25; 20:4,

7, 9, 15; 21:5; 23:8;

24:3, 9, 17, 19, 21;26:6, 9, 11

AND/OR [2] - 11:20, 25

ANGELES [6] - 1:17,

24; 2:5, 11; 3:1; 26:2

ANSWER [39] - 3:19;

4:20, 25; 5:1, 8-9, 24;

6:11, 16, 23-24; 7:3,

9-10, 22-23; 8:4,

10-11, 17-18; 9:8, 12,

17, 22-23; 10:3, 12,

18; 11:1, 10, 15;

12:5, 13; 13:8

ANSWERED [19] -

5:10; 6:12, 17, 25;

7:11, 24; 8:6, 12;

9:10, 18, 24; 10:5,

13, 19; 11:2, 11, 16;

12:6, 14

ANTICIPATE [3] -

21:12, 16; 22:9

ANTITRUST [1] - 15:18

ANY [12] - 3:19; 8:15,

20; 9:1; 11:19, 24;

16:1, 20; 17:15;

21:23; 22:8; 24:10

ANYONE [2] - 18:16;

19:15

ANYTHING [8] - 13:23;

14:18; 15:5, 15;

17:21; 18:9; 24:14

APPEARANCES [1] -

2:1

APPEARS [1] - 5:16

APPRECIATE [3] -19:9, 11; 22:2

APPROACH [2] - 5:19;

13:21

ARE [14] - 3:21; 8:16;

9:1; 11:24; 15:13;

16:23; 17:2; 19:2, 13;

20:25; 21:14; 22:5;

23:18; 24:16

AREN'T [1] - 24:20

AS [63] - 3:7; 4:24; 5:6,

8-11; 6:15, 22-23, 25;

7:1, 9, 11-12, 22,

24-25; 8:4, 6-7, 10,

12-13, 17, 22; 9:3, 8,10-11, 22, 24-25;

10:3, 5-6; 13:12;

16:5, 11, 16; 17:11;

18:2, 18; 19:10, 16;

20:5; 21:4; 23:21, 25;

24:5

ASK [6] - 5:21; 12:19;

13:24; 14:16; 18:14

ASKING [2] - 17:2

ASPECT [1] - 18:1

ASSIGNED [1] - 3:15

ASSISTED [1] - 20:1

AT [10] - 7:16, 19;

13:24; 14:6; 16:11;

17:3; 23:7; 24:13

ATTORNEYS [3] - 3:6;

20:3, 11

ATTRIBUTABLE [3] -

8:16; 9:1; 11:24

AUTHORITY [2] - 11:5

AVENUE [2] - 2:4, 15

AWARD [1] - 17:18


B

BACK [4] - 14:3, 6-7;

18:20

BAD [1] - 7:7

BAD-FAITH [1] - 7:7

BAILIFF [1] - 4:4

BAKER [1] - 1:5

BASED [6] - 16:13;

17:10, 13, 17; 18:5BASICALLY [1] - 5:24

BE [37] - 3:5, 14, 17;

5:18, 23; 13:15; 14:9,

11; 15:12, 18; 16:18;

17:17; 18:22, 24;

19:5; 21:5, 8, 11, 15,

23, 25; 22:8, 11, 15,

19-20, 22-23; 23:3, 8,

10, 18, 20, 22; 24:5,

15, 17

BECAME [1] - 10:2

BECAUSE [5] - 16:18;

19:5, 21; 21:8, 20

BECOME [1] - 19:10BEEN [8] - 4:8; 15:20;

17:10; 20:15; 21:20;

22:6, 15; 24:18

BEFORE [3] - 18:4, 25;

20:12

BEGIN [1] - 10:1

BEHALF [5] - 2:2, 7,

13; 17:22; 18:25

BEING [3] - 17:20;

19:25; 24:2

BELIEVE [4] - 16:25;

17:1, 13; 24:19

BENCH [2] - 21:1;

23:19

BETWEEN [1] - 23:2

BEYOND [1] - 23:22

BIFURCATED [1] -

14:3

BIFURCATION [1] -

14:11

BIND [2] - 11:5, 7

BOORSTEIN [1] - 20:1

BREAK [2] - 14:22, 25

BRIEFING [2] - 21:5;

24:11

BRIEFS [2] - 21:7;

23:10

BUSINESS [2] - 17:14

BUSINESSES [1] -

16:20

BUT [15] - 5:16; 14:11;

16:4; 17:15, 17;

18:16; 19:7; 21:6, 16,

19; 23:2, 8, 10; 24:11

BUT.. [1] - 15:19

BY [16] - 2:3, 9, 15; 4:9;

5:17; 7:5; 8:21; 9:15;

11:13, 19; 13:9;


28/32

15:25; 17:10; 19:10;

23:19; 24:2

C

CALENDAR [1] - 23:25

CALIFORNIA [11] - 1:3,

17, 24; 2:5, 11, 16;

3:1; 4:11; 26:3, 8

CALL [4] - 3:9; 18:12,14; 23:9

CAN [19] - 3:9; 5:19,

24; 14:4, 11, 24;

17:18; 18:7, 12; 19:7,

14, 18; 20:4, 11;

23:7, 10; 24:21

CAN'T [1] - 19:21

CANCELLATION [1] -

13:5

CASE [17] - 4:15;

14:18; 15:19, 25;

16:12, 16; 17:12;

18:6, 16; 19:14; 20:2;

22:6; 23:17; 24:21

CASES [1] - 21:9

CAUSE [2] - 5:5; 6:21

CAUSED [4] - 8:9, 21;

11:19; 17:10

CENTRAL [4] - 1:3;

4:10; 26:7

CERTIFICATE [1] -

26:1

CERTIFIED [1] - 1:8

CERTIFY [1] - 26:8

CHANG [2] - 1:11; 2:7

CHECK [6] - 4:5; 5:16;

12:17; 20:12, 14

CHECKMARK [1] -

12:21

CHECKMARKS [3] -

5:17, 22; 6:1

CHIEF [1] - 19:25

CHIEFFO [14] - 2:15;

13:19; 14:1; 16:9, 11,

25; 17:6, 9; 18:5;

21:17; 22:2, 23;

23:14; 24:25

CLAIM [16] - 4:17; 5:13;

6:8; 7:2; 9:12; 10:8,

21; 12:8; 13:5; 16:16;

17:4, 7, 11, 13; 18:7

CLAIMS [3] - 16:17;

17:13CLERK [21] - 3:9; 4:6,

9-10; 5:19; 6:6;

12:19, 22; 13:4; 15:1,

6; 16:5; 18:19; 19:24;

20:1, 14, 19, 22;

23:9; 24:21

CODE [1] - 26:9

COLORADO [1] - 2:15

COME [4] - 14:6; 18:20;

24:22

COMING [1] - 21:9

COMMENT [2] - 17:9;

21:18

COMMENTING [1] -

19:4

COMMENTS [1] - 18:6

COMMERCE [1] - 9:21

COMMUNITY [1] -

19:11

COMPLETELY [1] -

21:22

COMPLICATED [1] -

21:19

CONCLUSIONS [1] -

24:9

CONDUCT [1] - 11:9

CONFERENCE [1] -

26:13

CONFORMANCE [1] -

26:12

CONFUSINGLY [2] -

7:18, 20

CONFUSION [2] - 5:5;6:21

CONSCIENCE [1] -

19:11

CONSCIENTIOUS [1] -

19:3

CONSENT [2] - 5:4;

6:20

CONSUMERINFO [15] -

4:23; 5:5; 6:14, 21;

7:5; 8:9, 21; 9:6, 15;

11:13, 19; 12:3, 10;

17:25; 24:4

CONSUMERINFO'S

[13] - 4:16; 5:12; 6:7;7:2; 9:12; 10:7, 10,

16, 21, 24; 17:3;

23:25

CONSUMERINFO.

COM [2] - 1:8; 4:11

CONTAIN [1] - 4:2

CONTINUE [2] - 13:3;

14:5

CONTINUING [1] - 13:4

CONTRIBUTORY [3] -

10:7; 16:24; 17:4

CONTROL [1] - 11:9

CONVERSATION [1] -

21:21COORDINATE [1] -

23:9

COPIES [1] - 15:7

COPY [3] - 15:5; 16:2,

6

CORPORATION [2] -

4:12, 14

CORRECT [5] - 5:21;

6:6; 24:7, 15; 26:10

COULD [5] - 3:14;

14:10; 18:19; 21:6,

24

COULDN'T [1] - 16:18

COUNSEL [13] - 5:20;

12:19, 22; 13:21;

14:22; 15:13; 16:1;

18:2, 17, 23; 20:24;

21:12; 24:18

COUNTERCLAIM [3] -

23:24; 24:1

COUNTERCLAIMS [1]

- 4:15

COUNTING [1] - 22:18

COUNTY [1] - 26:2

COUPLE [1] - 21:21

COURSE [3] - 14:13;

19:15; 22:16

COURT [72] - 1:2, 23;

3:5, 12, 14, 17, 23;

4:1, 4, 10; 5:15; 6:3;

12:16, 24; 13:2, 11,

15, 20, 23; 14:2, 13,

15, 22; 15:1, 5, 12,20, 23; 16:1, 6, 10,

23; 17:2, 8, 21, 24;

18:2, 9, 12, 22; 19:1,

18, 20, 23-25; 20:1,

16, 19, 24; 21:5, 8,

11, 25; 22:7, 12, 18,

24; 23:6, 15, 19, 24;

24:3, 5, 12-13, 17;

26:6, 19

COURT'S [1] - 19:13

COURTHOUSE [1] -

1:23

COURTROOM [6] -

3:13; 14:21; 15:14;18:21; 20:18, 20

CREDIBILITY [1] - 19:6

CRIMINAL [1] - 23:7

CROSS [1] - 6:1

CROSSED [2] - 5:17,

23

CSR [2] - 1:22; 26:19

CV [2] - 1:10; 4:15

CYBERSQUATTING

[8] - 7:2; 8:8, 16, 21;

9:2; 16:17; 17:12;

23:21

DDAMAGE [3] - 8:9, 20;

11:19

DAMAGED [1] - 11:13

DAMAGES [3] - 9:7;

12:4; 17:10

DATE [2] - 22:25; 23:9

DATED [3] - 4:9; 13:9;

26:16

DAY [1] - 1:16

DAYS [1] - 21:21

DECIDED [2] - 22:17;

23:18

DEFENDANT [27] -

1:12; 2:7, 13; 5:3, 11;

7:1, 6, 12-14, 25; 8:1,

7, 13-15; 9:11, 20,

25; 10:1, 6

DEFENDANT'S [2] -

8:2; 9:1

DEFENDANTS [4] -

4:14; 6:19; 16:15;

17:14

DEFENDANTS' [3] -

8:8, 21; 16:19

DEFENSE [1] - 17:1

DELAWARE [2] - 4:13

DELAYED [1] - 21:21

DELETE [1] - 12:21

DID [20] - 5:3; 6:1, 19;

7:6, 14; 8:15; 9:6, 20;

10:1, 9, 15, 23; 11:4;

12:3, 10, 24; 16:2, 4;

19:9; 24:8DIED [1] - 21:19

DIFFICULT [2] - 19:2,

12

DILUTION [1] - 9:12

DILUTIVE [1] - 7:21

DIRECTED [1] - 24:1

DIRECTION [1] - 19:13

DISAGREE [1] - 24:15

DISAPPOINTED [1] -

15:19

DISCUSS [4] - 14:3;

15:25; 18:20

DISCUSSING [1] -

20:21DISREGARD [1] -

12:25

DISREGARDED [2] -

5:18, 23

DISTRICT [7] - 1:2, 5;

4:10; 26:7

DIVISION [2] - 1:4; 4:11

DO [15] - 13:6; 14:7, 18;

16:1; 17:14; 18:16,

18, 25; 20:12; 21:3,

12; 22:21; 23:9;

24:12; 26:8

DOCKET [2] - 24:1, 4

DOES [4] - 4:2, 23;6:14; 22:3

DOMAIN [5] - 7:15, 17,

20; 16:18

DON'T [11] - 3:19;

17:15, 18; 18:15;

19:16; 21:16; 22:9;

23:15, 21; 24:11, 13

DONALD [1] - 3:21

DONE [1] - 14:12


DONOIAN [2] - 21:18;

22:3

DOUBLE [1] - 20:14

DOUBLE-CHECK [1] -

20:14

DOWN [1] - 4:4

DT [1] - 12:18

DUE [1] - 24:2

DURING [1] - 22:16

E

EACH [1] - 13:12

EARLIER [1] - 23:5

EARN [1] - 8:15

EAST [1] - 21:20

EITHER [9] - 5:10; 6:25;

7:12, 25; 8:6, 13;

9:10, 24; 10:5

ELSE [3] - 13:23; 18:9;

24:14

ENCOURAGE [1] -

20:19

END [2] - 14:14; 25:1ENOUGH [1] - 22:20

ENTERS [2] - 3:13;

18:21

ENTITLED [1] - 26:11

ENVELOPE [1] - 4:1

EQUITABLE [4] -

20:21; 21:2; 22:17;

24:16

ERIC [1] - 20:1

ESPECIALLY [1] -

23:16

ET [1] - 1:11

EVEN [3] - 14:24;

21:19; 22:16

EVER [1] - 19:4

EVERYBODY [1] -

23:10

EVERYONE [2] - 15:21;

16:6

EVIDENCE [8] - 19:6;

21:13, 16, 23; 22:6,

10, 15

EXAMINER [1] - 12:11

EXCEPT [1] - 22:9

EXCLUSIVE [1] - 19:6

EXCUSE [3] - 18:4, 13;

20:9

EXCUSED [2] - 15:24;

20:15

EXCUSING [1] - 18:25

EXERCISED [1] - 11:8

EXHIBIT [1] - 24:20

EXHIBITS [1] - 24:17

EXITS [2] - 14:21;

20:18

EXPERIENCE [1] - 20:8

EXPLAIN [1] - 19:3

EXTENT [1] - 23:19


29/32

EXTRA [1] - 3:20

F

FACT [3] - 12:12; 19:7;

24:8

FACT-FINDER [1] -

19:7

FAIL [2] - 9:6; 12:3

FAIR [1] - 8:3FAIRBANK [1] - 1:5

FAITH [1] - 7:7

FALSE [1] - 12:10

FAMOUS [3] - 7:19;

9:16; 10:2

FAR [1] - 22:6

FEBRUARY [5] - 22:19,

24; 23:1, 5, 11

FEW [1] - 18:24

FIGUEROA [1] - 2:10

FILE [1] - 21:6

FILED [1] - 23:10

FILLED [2] - 16:4, 7

FIND [3] - 11:4; 13:6;18:7

FINDER [1] - 19:7

FINDING [1] - 17:18

FINDINGS [2] - 15:17;

24:8

FINE [1] - 21:11

FIVE [2] - 14:10, 17

FLAG [1] - 3:16

FOR [29] - 4:5; 5:20;

12:8; 13:5; 14:10, 15,

17, 24; 15:7, 18;

16:14, 16, 21; 17:12,

19-20; 19:1, 8; 20:3,

6; 21:25; 22:9; 23:4,

10; 24:2, 12; 26:6

FOREGOING [1] - 26:9

FOREPERSON [10] -

3:21, 25; 4:3, 9; 6:2;

12:20, 23; 13:1, 10

FORM [11] - 4:5, 8, 16;

12:17, 23; 13:24;

15:6; 16:2; 18:10

FORMAT [1] - 26:12

FOUND [5] - 7:4; 9:13;

17:10, 19; 20:8

FRAUD [2] - 12:8;

15:17

FREE [1] - 18:16

FREECREDITREPOR

T.COM [21] - 4:17, 24;

5:4; 7:4, 7, 16, 18-19,

21; 8:3; 9:14, 16, 21;

10:2, 10, 16, 24;

11:20, 25; 13:7

FREILICH [1] - 2:10

FROM [6] - 3:7; 7:7;

19:4; 20:10; 22:18;

23:25

FUNERAL [1] - 21:20

FURTHER [2] - 15:25;

24:10

G

GENERIC [1] - 13:7

GENERICNESS [1] -

15:17

GENTLEMEN [2] -13:11; 18:24

GET [2] - 20:10; 24:21

GETTING [1] - 21:5

GIVEN [2] - 15:25;

16:21

GO [4] - 14:10; 20:13;

23:16

GOING [1] - 14:4

GOO [2] - 2:9; 15:9

GOOD [3] - 3:5, 17;

20:24

GOODS [3] - 5:6; 6:22

GOSS [18] - 2:9; 3:11;

13:18, 25; 14:24;15:4, 8, 15-16; 16:4;

17:23; 21:4, 10, 14;

22:4, 9, 22; 23:13

GOT [3] - 21:8, 17, 19

GOTTEN [1] - 19:24

GREAT [2] - 22:22

GREENBERG [1] -

2:14

GROUND [1] - 21:25

H

HAD [2] - 11:4, 6

HAND [3] - 4:5, 8

HAPPY [1] - 24:12HARD [4] - 14:16; 19:9,

19; 20:5

HARDWORKING [1] -

19:3

HAS [10] - 3:24; 4:8;

8:8; 16:6, 21; 21:20;

22:6, 17; 23:24;

24:18

HAVE [21] - 4:1; 5:19;

7:6; 12:24; 14:2, 23;

15:20, 23; 17:10,

14-15; 19:20; 20:19;

21:1; 22:4, 15, 24;

23:5, 9, 16HE [1] - 12:20

HE'LL [1] - 4:5

HEARD [1] - 24:2

HELD [1] - 26:11

HER [1] - 19:21

HERE [3] - 15:13; 21:6;

24:18

HEREBY [1] - 26:8

HERRINGTON [1] - 2:8

HIS [1] - 21:18

HOLIDAY [1] - 23:1

HONOR [36] - 3:10; 6:6;

13:17-19, 25; 14:1;

15:3, 8, 10, 16, 22;

16:4, 8-9, 25; 17:23,

25; 18:11; 21:4, 15,

17; 22:2, 4, 14, 17,

22; 23:3, 12-14; 24:7,

10, 24

HONORABLE [1] - 1:5

HOPE [1] - 20:7

HOPING [1] - 21:6

HOW [3] - 16:12; 17:18;

21:3

HOWEVER [1] - 17:11

HUGE [1] - 23:7

I

I'D [2] - 18:14; 19:23

I'LL [6] - 4:6; 14:6;

20:9, 19; 22:24; 23:8

I'M [6] - 15:19; 17:2;19:21; 21:22; 23:6

I'VE [2] - 21:8, 21

IDENTICAL [2] - 7:17,

20

IF [42] - 4:4, 21; 5:1, 10,

21; 6:12, 17, 25; 7:3,

11, 15, 19, 24; 8:6,

12, 20, 25; 9:10, 13,

18, 24; 10:5, 13, 19;

11:2, 11, 16, 18, 23;

12:6, 14, 20; 14:4, 9;

15:5; 18:19; 20:11,

20; 21:6; 24:10, 12,

15

IN [46] - 3:5, 9; 5:5, 14;

6:21; 7:3, 15; 8:20,

25; 9:13, 21; 11:5, 7,

18, 21, 23; 12:2;

14:18; 15:12, 16, 21,

24; 16:2, 20; 17:12;

18:12, 14, 24; 19:17;

20:22, 24; 21:7, 9,

12, 19-20; 22:6, 25;

23:5; 24:3, 20, 22;

26:6, 11

INC [1] - 1:8

INCLINED [1] - 24:17

INCORPORATED [1] -

4:12INDIVIDUALLY [1] -

13:16

INDUCE [1] - 10:15

INFORMATION [2] -

3:20

INFRINGE [3] - 10:9,

16, 23

INFRINGEMENT [8] -

4:17; 5:13; 6:7;

11:14, 20, 25; 23:24;

24:2

INFRINGING [1] - 11:9

INITIALED [1] - 5:17

INITIALLY [1] - 5:16

INITIALS [2] - 12:18, 24

INQUIRE [1] - 18:7

INSTRUCTED [1] -

15:24

INSTRUCTIONS [1] -

15:25

INTENT [1] - 7:7

INTENTION [1] - 21:22

INTENTIONALLY [1] -

10:15

INTERESTING [2] -

15:20; 20:8

INTERPRETATION [1]

- 5:22

INTO [1] - 23:16

INVOLVED [1] - 16:18

IS [71] - 3:24; 4:18,

20-21, 25; 5:1, 5, 8-9,

12; 6:9, 11, 16, 21,23-24; 7:4, 9-10,

22-23; 8:4, 10-11,

17-18; 9:8, 14, 16-17,

22-23; 10:3, 12, 18;

11:1, 10, 15, 21;

12:2, 5, 13, 17, 22;

13:7, 11, 15, 23;

15:13, 23; 16:13;

17:10, 13, 21; 18:7;

19:5, 7; 21:7, 18;

23:1, 5, 19-20; 24:11,

19; 26:9, 12

ISN'T [1] - 18:6

ISSUE [5] - 14:3, 11;16:11; 23:20, 22

ISSUES [8] - 18:20;

20:21; 21:2, 5, 14;

22:17; 23:18; 24:16

IT [21] - 4:2, 4-6; 5:16;

10:2; 14:4, 11; 16:4;

17:11, 16; 19:9; 20:8;

21:8; 22:14; 23:5, 20

IT'S [3] - 14:5; 19:1;

21:19

ITS [2] - 14:16; 24:4

J

JANUARY [4] - 1:18;3:1; 13:9; 26:16

JOE [1] - 19:24

JOINED [1] - 16:20

JOINT [1] - 11:8

JOSHUA [1] - 2:4

JUDGE [3] - 1:5; 19:4,

6

JUDGMENT [3] - 16:21;

24:16, 18


JUDICIAL [1] - 26:13

JUROR [1] - 19:10

JURORS [10] - 3:9, 14,

18; 13:14; 18:15, 18,

23; 19:1; 20:9, 19

JURY [37] - 3:7, 13, 24;

13:9, 11, 15, 24;

14:3, 10, 12, 15-18,

21; 15:13, 24; 16:12,

21; 17:18; 18:4, 7,

12, 15, 21; 19:3, 5, 8,

17; 20:7, 10, 13, 18,

25; 24:3

JURY'S [5] - 15:17;

16:14; 19:4; 21:15;

23:20

JUST [4] - 14:7; 20:15;

21:17

K

KAYE [1] - 2:3

KEEP [1] - 24:17

KENT [1] - 2:9

KINDLY [1] - 14:16

KNOW [9] - 3:7; 15:6;

18:19; 19:24; 20:15,

22; 21:24; 22:3;

23:22

KNOWLEDGEABLE

[1] - 20:4

L

LADIES [2] - 13:11;

18:24

LARGE [1] - 24:19

LATE [1] - 21:7

LAUGHTER [1] - 19:22LAW [3] - 19:4; 21:19;

24:9

LEAST [1] - 16:11

LEAVING [1] - 14:6

LET [4] - 15:6; 18:19;

20:15, 22

LIABILITY [12] - 10:7,

21; 16:13, 17, 22, 24;

17:4-6, 12; 18:8

LIABLE [2] - 17:19

LIGHT [1] - 15:16

LIKE [7] - 14:22; 15:5;

18:17; 19:17, 23;

20:20; 24:22LIKELY [2] - 5:5; 6:21

LIMITED [1] - 4:13

LINE [1] - 12:25

LITTLE [2] - 21:5, 25

LLC [2] - 2:13; 4:14

LLP [2] - 2:3, 14

LODGED [1] - 24:8

LONGER [2] - 19:13;

22:1


30/32

LOOK [2] - 17:3; 23:7

LOS [6] - 1:17, 24; 2:5,

11; 3:1; 26:2

LP [1] - 4:13

M

MADE [1] - 20:7

MAKE [3] - 12:10; 15:6;

17:18MAKING [1] - 17:17

MANNER [2] - 5:5; 6:21

MARK [5] - 7:8, 16,

18-19, 21

MARKETING [18] -

2:13; 4:14; 5:8; 6:23;

7:9, 22; 8:4, 10, 17,

22; 9:3, 8, 22; 10:3,

8, 15, 22; 16:13

MARKETING'S [1] -

21:22

MATERIAL [1] - 12:12

MATTER [2] - 23:7;

26:11MAY [3] - 5:20; 22:4;

23:3

MAYBE [2] - 22:9;

23:15

ME [8] - 4:5; 13:23;

14:7, 23; 17:16; 23:4;

24:15

MEAN [2] - 6:1; 12:24

MEANT [1] - 12:21

MIGHT [3] - 15:20;

21:5, 8

MINUTES [3] - 14:10,

17, 24

MISUNDERSTOOD [1]

- 22:4

MITIGATE [2] - 9:7;

12:4

MOMENT [1] - 13:21

MOMENTS [1] - 18:24

MONDAY [2] - 22:19;

23:2

MONICA [1] - 2:16

MOOT [1] - 23:25

MORE [4] - 15:25;

21:19, 23; 22:21

MOTHER [1] - 21:19

MOTHER-IN-LAW [1] -

21:19

MOTION [4] - 17:17;

24:1, 4

MR [44] - 3:10, 21; 4:7;

5:17, 19, 21, 24; 6:4;

13:3, 18-19, 25; 14:1,

9, 24; 15:4, 8, 15-16;

16:4, 9, 11, 25; 17:6,

9, 23; 18:5, 14;

20:12; 21:4, 10, 14,

17-18; 22:2-4, 9,

22-23; 23:13; 24:25

MS [17] - 13:17; 15:3,

9-10, 22; 16:8; 17:24;

18:5, 11; 19:21;

22:13; 23:3, 12; 24:7,

24

MUCH [8] - 6:3; 14:20;

19:12; 20:8, 16, 22;

21:12; 24:23

MY [13] - 3:9; 5:19;12:19; 14:9; 15:1, 6;

17:9; 18:19; 19:18;

20:19, 22; 23:9

MYSELF [1] - 18:25

N

NAME [3] - 7:15, 17, 20

NAMES [2] - 16:18

NECESSARILY [1] -

24:11

NECESSARY [2] -

24:11, 20

NECESSITY [1] - 24:13

NEED [7] - 15:5, 18;

18:3, 6, 15; 19:16;

20:12

NEXT [18] - 4:21; 5:1;

6:13, 18; 7:12, 25;

8:7, 13, 19, 24; 9:5,

19, 25; 10:14; 11:3,

12, 17, 22

NO [38] - 3:19; 5:8-10,

25; 6:23-25; 8:4-6;

9:8-10; 10:3-5, 18-19;

12:5, 13-14, 17, 25;

13:8, 17-19, 25; 14:1;

15:1, 18; 17:11, 23;

18:11; 19:13; 24:15

NORTH [1] - 1:24

NOT [13] - 14:18; 15:13,

24; 16:4, 16, 20;

17:19; 18:7; 19:13,

21; 21:22; 22:6

NOTE [7] - 3:6, 18, 23;

4:1; 18:22; 23:23

NOTEBOOKS [1] -

24:20

NOTICED [1] - 19:2

NOW [4] - 14:5, 18;

16:21; 21:20

NUMBER [27] - 4:15,

18, 23; 5:3; 6:9, 14,19; 7:6, 14; 8:2, 8,

15, 25; 9:6, 16, 20;

10:1, 9, 23; 11:4, 13,

18, 23; 12:3, 10;

13:6; 24:19

NUMBERS [1] - 3:15

O

O'CLOCK [2] - 14:5;

23:17

OBVIOUSLY [1] -

17:17

OF [69] - 1:1, 3; 2:2, 4,

7, 13; 3:6, 18; 4:11;

5:4, 6-7; 6:20, 22;

7:21; 8:2, 20; 9:1;

11:19, 24-25; 13:11;

14:12; 15:6, 16, 18;

16:1, 13; 17:20, 22;18:1, 7, 23, 25;

19:6-8, 11, 15; 20:25;

21:12, 16, 20-22;

22:5, 10, 16, 25;

23:25; 24:8, 20; 25:1;

26:1-3, 7, 10, 13

OFF [1] - 21:17

OFFICE [1] - 12:9

OFFICIAL [3] - 1:23;

26:6, 19

OKAY [7] - 16:6; 18:14;

21:10; 22:11, 23-24;

24:22

ON [20] - 2:2, 7, 13;12:8; 15:17; 16:13,

17; 17:13, 21; 18:8,

25; 19:4; 20:1, 7;

21:14; 22:11, 16;

23:11

ONE [29] - 4:12, 18;

5:9; 6:24; 7:10, 23;

8:5, 11, 18, 22; 9:3,

9, 23; 10:4, 9, 15, 23;

11:5, 8, 19, 24; 12:8;

13:4, 21; 16:11;

17:10, 22; 22:10

ONLY [2] - 7:3; 9:13

ONTO [1] - 13:4

OPTIMISTIC [1] - 21:6

OR [25] - 3:19; 5:4, 24;

6:20; 7:15, 17-18, 21;

8:3; 10:10, 17, 24;

11:7, 9; 14:7, 18-19;

16:19, 24; 17:4; 18:3;

19:14; 22:10, 20;

23:2

ORDINARY [2] - 5:6;

6:22

ORIGINAL [1] - 1:8

ORRICK [1] - 2:8

OTHER [1] - 21:9

OUR [1] - 22:14

OUT [7] - 5:17, 23; 6:1;

14:23; 16:5, 7; 20:12

OUTSIDE [2] - 14:12;

20:25

OVER [2] - 11:9

OWN [2] - 4:23; 6:14

OWNED [2] - 7:5; 9:15

OWNERSHIP [1] - 11:8

P

P.T.O [3] - 12:9, 11;

15:17

PACKED [1] - 23:8

PAGE [1] - 26:12

PAID [3] - 16:13; 17:13

PARDON [1] - 17:2

PART [1] - 16:1

PARTIES [5] - 3:7;11:6; 15:13; 18:23

PARTNERSHIP [1] -

4:13

PASS [1] - 4:4

PATENT [1] - 12:9

PAUSE [1] - 5:14

PERSONAL [1] - 21:18

PERSUADED [1] -

23:19

PERTAINING [2] -

23:23; 24:5

PHASE [2] - 14:3;

15:18

PHONE [1] - 21:17PIECE [1] - 15:18

PIECES [1] - 22:10

PLAINTIFF [3] - 1:9;

2:2; 4:12

PLAN [1] - 22:25

PLEASE [13] - 3:5, 17,

19; 5:11; 8:20, 25;

11:18, 23; 12:6; 13:3;

15:12; 18:14, 22

PM [1] - 3:1

POLLED [1] - 13:16

PORTION [1] - 23:25

POSSESSIONS [1] -

20:10POSSIBLE [1] - 23:5

PRECLUDES [1] - 19:4

PREPARED [2] - 24:16,

18

PRESENCE [5] - 3:6,

18; 14:12; 18:22;

20:25

PRESENT [1] - 20:25

PRESENTATION [2] -

21:13; 22:5

PRESENTED [5] -

13:12; 22:15; 23:21

PRESIDENT'S [1] -

23:1PRETTY [1] - 23:8

PRIOR [1] - 17:1

PROBLEM [3] - 15:1;

21:8; 23:3

PROCEED [27] - 4:21;

5:1, 11; 6:12, 17; 7:1,

12, 25; 8:7, 13, 19,

24; 9:5, 11, 18, 25;

10:6, 13, 19; 11:2,

11, 16, 22; 12:7, 14;


20:21; 21:3

PROCEEDING [2] -

5:14; 6:4

PROCEEDINGS [2] -

25:1; 26:11

PROFIT [1] - 7:7

PROFITS [3] - 8:15;

9:1; 11:24

PROFUSELY [2] -

14:15; 20:6

PROPOSED [1] - 24:8

PROTECTABLE [5] -

4:19; 6:10; 7:4, 16;

9:14

PURCHASERS [2] -

5:6; 6:22

PURSUANT [1] - 26:8

Q

QUESTION [64] - 4:22;

5:2, 10, 15, 22; 6:9,

12-14, 17-19, 25; 7:6,

11-12, 14, 24-25; 8:2,6-8, 12-13, 15, 19,

24-25; 9:5, 10, 16,

18-20, 24-25; 10:1, 5,

9, 13-14, 19, 23;

11:2-4, 11-13, 16-18,

22-23; 12:3, 6, 10,

14, 17, 19; 13:6; 16:1

QUESTIONS [2] - 7:3;

9:13

R

RAISE [2] - 16:11;

17:16

RAMALLO [1] - 3:10RATHER [1] - 24:3

REACHED [2] - 3:8, 24

READ [4] - 4:7, 9;

13:12; 16:5

READY [3] - 15:2;

18:19; 20:21

REALLY [2] - 19:9

RECALL [3] - 16:16;

23:6; 24:3

RECEIVE [1] - 16:2

RECEIVED [2] - 3:7, 23

RECENTLY [1] - 3:23

RECESS [2] - 15:11;

20:23REFERRING [1] -

16:23

REGARD [1] - 16:2

REGARDING [3] -

12:11; 18:9; 23:21

REGISTER [1] - 7:14

REGISTERED [2] -

7:17, 20

REGULATIONS [1] -


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26:12

RELATED [4] - 4:15;

14:19; 19:15

REMAIN [1] - 20:21

REMAINING [3] -

18:20; 21:1, 15

REMIGIO [6] - 4:7; 6:4;

13:3; 18:14; 19:24;

20:12

REMOVED [1] - 23:24

REPORTED [1] - 26:10

REPORTER [7] - 1:23;

19:20, 25; 26:1, 6, 19

REPRESENTATION [1]

- 12:11

REQUEST [2] - 13:15;

24:9

REQUESTED [1] - 24:4

RESOLVE [1] - 14:11

RESOLVED [1] - 24:16

RESPECT [5] - 5:15;

12:16; 18:1; 23:4;

24:9

RETURN [2] - 3:14;14:17

RHONDA [1] - 2:3

RIGHT [10] - 3:12;

12:16; 13:20; 14:2;

17:8; 20:16; 22:12,

18; 23:15; 24:14

RISE [1] - 20:9

ROOM [8] - 1:24; 14:4,

10, 17-18; 15:24;

20:10, 13

ROSALYN [4] - 1:22;

19:25; 26:6, 19

RULE [3] - 23:25; 24:4

S

SACRIFICE [1] - 20:7

SALUTE [1] - 3:16

SANTA [1] - 2:16

SAY [2] - 13:13; 19:8

SCHOLER [1] - 2:3

SEARCH [3] - 16:14;

17:14

SEAT [1] - 3:15

SEATED [4] - 3:5, 17;

15:12; 18:22

SECTION [34] - 4:16;

5:11, 15, 22; 6:5, 7;

7:1-3; 9:11-13; 10:6,

20-21; 12:7, 15, 17,

20, 25; 13:4;

16:23-25; 17:1, 3-4,

6; 18:3; 23:21; 26:8

SEE [7] - 17:18; 19:18,

20-21; 20:4; 23:8;

24:13

SEEM [2] - 17:16; 23:20

SEND [1] - 14:3

SEPARATE [2] - 16:19;

17:15

SERVE [1] - 20:7

SERVING [1] - 19:1

SETH [1] - 2:10

SHALL [1] - 14:3

SHORTLY [1] - 21:24

SHOULD [7] - 5:18, 23;

14:11; 18:3; 20:10;

21:3; 23:18

SHOW [5] - 5:19-21;

12:19

SHOWING [2] - 12:22

SIDEBAR [2] - 13:22;

14:14

SIDES [2] - 5:20; 20:4

SIGNED [2] - 4:8; 13:9

SIMILAR [5] - 5:4; 6:20;

7:18, 21; 8:3

SIMULTANEOUSLY [1]

- 23:11

SINCE [2] - 14:2; 23:16

SO [11] - 5:17; 13:13;

14:6; 15:16; 16:6;17:16; 18:17; 19:23;

21:21, 25; 22:18

SOLE [1] - 19:5

SOLELY [2] - 16:13;

17:13

SOME [2] - 15:6; 21:16

SOMETHING [1] -

22:20

SOMETIME [1] - 23:2

SOMEWHAT [1] -

24:17

SOURCE [3] - 5:6; 6:22

SOUTH [1] - 2:10

SPEAK [1] - 20:11SPRING [1] - 1:24

SS [1] - 26:3

STAFF [3] - 19:18, 23;

24:22

STAMBAUGH [2] - 2:4;

14:9

STAND [1] - 19:20

STARS [1] - 2:4

STARTED [1] - 21:21

STARTING [2] - 23:6

STATE [1] - 26:3

STATES [9] - 1:1, 5, 23;

4:10; 12:9; 26:7, 9,

13STATING [1] - 3:8

STENOGRAPHICALL

Y [1] - 26:10

STEP [1] - 14:23

STILL [3] - 14:2; 15:23;

21:1

STORM [1] - 21:20

STREET [2] - 1:24; 2:10

SUBJECTS [1] - 19:15

SUBMIT [1] - 24:8

SUGGEST [1] - 18:2

SUGGESTION [1] -

14:9

SUIT [1] - 20:22

SUITE [3] - 2:5, 11, 16

SURE [3] - 3:14; 15:19;

21:22

SUSPECT [2] - 18:17;

24:19

SUTCLIFFE [1] - 2:8

SYSTEM [1] - 19:1

T

TAKE [1] - 14:22

TALK [7] - 14:18;

18:16-18; 19:14;

24:21

TALKING [1] - 22:5

TALL [1] - 19:21

TASK [2] - 19:2, 12

TECHNOLOGIES [21] -

4:13; 5:9; 6:24; 7:10,23; 8:5, 11, 18, 23;

9:4, 9, 23; 10:4, 9,

16, 23; 11:5, 8;

17:11, 22

TECHNOLOGIES' [4] -

11:19, 24; 12:8; 13:5

TELL [3] - 14:6; 18:15

TERM [3] - 5:4; 6:20;

8:3

THAN [1] - 24:3

THANK [30] - 3:12; 6:3;

12:21; 13:2; 14:13,

15, 20; 15:2-4, 8-10;

18:12, 18, 20; 19:1,

12, 18, 23; 20:3, 6, 8,

16, 22; 21:4; 24:22,

24

THANKFUL [1] - 19:8

THANKING [1] - 19:17

THAT [70] - 3:23; 4:1;

5:5, 11, 16, 22; 6:21;

7:1, 12, 15, 25; 8:7,

13, 16; 9:1, 11, 25;

10:6; 11:4, 6-7, 24;

13:6, 15; 14:25; 16:2,

6, 18; 17:9, 13, 16,

19-20; 18:1, 7, 15;

19:2, 5, 8-9, 18;

20:21; 21:6, 11, 14,25; 22:2, 6, 11, 15,

17, 20, 22-23; 23:3,

9, 18, 20, 22-23;

24:3, 9, 12, 20; 26:8,

11

THAT'S [2] - 5:21; 24:7

THE [341] - 2:4; 3:5-7,

9, 12-14, 17-18,

21-23, 25; 4:1-4, 6,

8-10, 20-21, 25; 5:1,

3-4, 6-9, 15-16,

21-22; 6:1-3, 6, 11,

13, 16, 18-20, 22-24;

7:3, 6-7, 9-10, 12,

14-19, 21-23, 25; 8:2,

4-5, 7, 10-11, 13,

17-20, 24-25; 9:5,

8-9, 13, 17, 19-20,

22-23, 25; 10:1, 3-4,12, 14, 18; 11:1, 3,

5-6, 9-10, 12, 15,

17-18, 22-23, 25;

12:5, 8, 11, 13, 16,

18, 20-25; 13:1, 4,

8-9, 11-12, 15, 20,

23-24; 14:2-4, 10-13,

15-22; 15:1, 5-6,

12-13, 16-18, 20,

23-24; 16:1, 3, 6, 10,

12, 14, 16-19, 21, 23;

17:1-3, 6, 8-10,

12-14, 18-19, 21, 24;

18:1, 4, 6-7, 9, 12,14-17, 20-23; 19:1, 3,

5-8, 10-11, 13, 17,

20, 23-25; 20:1, 3, 6,

9-11, 13-14, 16,

18-22, 24-25; 21:1, 5,

8, 11-12, 14-15, 17,

20-21, 25; 22:5-7, 12,

16, 18-19, 24-25;

23:1, 6-7, 10, 15,

18-19, 24-25; 24:2,

12-13, 16-18, 21;

26:6, 9

THEIR [2] - 3:15; 17:15

THEM [7] - 14:6; 18:13,

18-19; 20:15

THEN [6] - 5:16, 21;

6:4; 12:18, 20; 18:18

THERE [17] - 5:16;

12:17; 13:15, 23;

15:17, 21, 23; 16:16;

17:1; 18:6; 21:15, 23;

22:8; 23:22; 24:15,

19

THERE'S [2] - 17:11;

24:19

THEY [12] - 5:18; 14:9;

16:6, 20; 17:15, 19;

18:7, 15; 19:18; 20:5,

12THEY'RE [3] - 14:5;

18:16; 20:4

THEY'VE [2] - 3:8;

20:15

THINK [11] - 14:10, 24;

18:5; 21:3, 14, 23;

22:10; 24:11

THIRD [3] - 11:6; 22:19

THIS [41] - 5:10, 19-20;


6:12, 17, 25; 7:3, 11,

24; 8:6, 12; 9:10, 13,

18, 24; 10:5, 13, 19;

11:2, 11, 16; 12:6,

14, 20; 13:12, 24;

14:18; 15:25; 16:12;

17:12, 16-17; 18:7;

19:12, 14-15; 21:18;

24:2, 13

THOMAS [4] - 3:21;5:17, 21, 24

THOSE [1] - 21:6

THREE [3] - 5:3; 20:3;

21:7

THROUGH [2] - 12:25;

20:20

THUS [1] - 22:6

TIME [8] - 7:17, 19;

13:24; 14:16; 22:1,

20-21; 24:13

TITLE [1] - 26:9

TO [192] - 3:14; 4:4-7,

9, 21; 5:1, 5-6, 8-11,

15, 19-20; 6:1, 12,17, 21-23, 25; 7:1, 7,

9, 11-12, 18, 22,

24-25; 8:4, 6-7, 10,

12-13, 16-17, 19-20,

22, 24; 9:1, 3, 5-6, 8,

10-11, 18, 22, 24-25;

10:3, 5-6, 13, 16, 19;

11:2, 5-6, 11, 16, 19,

22, 24; 12:3, 6-7, 11,

14, 16, 19-21, 23-24;

13:23; 14:3, 6-7, 10,

15-17, 19-20, 22;

15:24; 16:1, 12, 23;

17:3, 10, 16, 21;

18:1, 3, 6, 14-17, 20,

25; 19:14-17, 20, 23;

20:3, 6-7, 11-13,

20-21; 21:1, 4; 22:15,

20, 24-25; 23:4, 9,

16, 19-21, 23; 24:1,

5, 9, 12, 17, 22; 26:8

TOGETHER [3] - 17:14;

24:21

TOMORROW [1] - 14:6

TOO [2] - 21:7; 22:3

TORT [1] - 17:20

TRADEMARK [12] -

4:16, 19, 24; 5:12;

6:7, 10, 15; 7:5; 9:14;

12:9, 11; 23:24

TRADEMARKS [2] -

10:11, 25

TRAFFIC [1] - 7:15

TRAFFIC-IN [1] - 7:15

TRANSACTIONS [2] -

11:5, 7

TRANSCRIPT [2] -

26:10, 12


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Documents

Consumerinfo.com v Chang Jury Verdict