The opinion of the court was delivered by: Honorable Phyllis J. Hamilton
JOHN L. SLAFSKY, State Bar No. 195513 DAVID L. LANSKY, State Bar No. 199952 HOLLIS BETH HIRE, State Bar No. 203651 WILSON SONSINI GOODRICH & ROSATI PROFESSIONAL CORPORATION 650 Page Mill Road Palo Alto, CA 94304 Telephone: (650) 493-9300 Fax: (650) 493-6811 firstname.lastname@example.org 6 email@example.com firstname.lastname@example.org Attorneys for Defendant GODADDY.COM, INC.
STIPULATION AND [PROPOSED] ORDER ENTERING FINAL JUDGMENT ON PETRONAS'S CLAIMS AND DISMISSING GO ) DADDY'S COUNTERCLAIM WITHOUT PREJUDICE
WHEREAS, on January 3, 2012 the Court granted the motion for summary judgment of Defendant and Counterclaimant GoDaddy.com, Inc. ("Go Daddy") as to all claims asserted by 3 Plaintiff and Counterclaim Defendant Petroliam Nasional Berhad ("Petronas") in the above-4 captioned litigation ("Petronas's claims") and denied GoDaddy's motion for summary judgment 5 as to its counterclaim seeking to cancel Petronas's PETRONAS AND DESIGN trademark 6 registration, U.S. trademark registration Reg. No. 2969707 (the "Trademark claim"); 7
WHEREAS, there is no just reason to delay entering final judgment in favor of Go Daddy 8 as to Petronas's claims; 9
WHEREAS, the only claim remaining in this lawsuit is the Trademark claim;
WHEREAS, Go Daddy previously asserted a claim substantially identical to the Trademark claim in an action before in the United States Patent and Trademark Office, Trademark 12 Trial and Appeal Board ("TTAB"), entitled GoDaddy.com, Inc., v. Petroliam Nasional Berhad, 13 No. 92052741 (the "TTAB proceeding"); 14
WHEREAS, on June 7, 2011 the TTAB proceeding was suspended in deference to this 15 lawsuit; and 16 WHEREAS, Go Daddy now seeks to voluntarily dismiss the Trademark claim without 17 prejudice and to prosecute the remainder of the claim in the TTAB proceeding. 18
THEREFORE, the parties to this action, by and through their counsel, hereby STIPULATE AND AGREE that: 20
1. Pursuant to Federal Rule of Civil Procedure 54(b), the Court enter final judgment
21 for Go Daddy and against Petronas as to each and every claim asserted by Petronas in the above-22 captioned litigation; 23
2. The Court enter voluntary dismissal of the Trademark claim without prejudice; and
3. Should the TTAB decline a request to lift the suspension of the TTAB proceeding,
2 then Go Daddy may advise this Court within 30 days of such TTAB decision and seek 3 rescheduling of trial of the ...