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Case 2:10-cv-00671-JLR Document 2 Filed 04/20/2010 Page 1 of 4



UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON AT SEATTLE

SALEHOO GROUP LTD., a New Zealand
Limited Liability Company,





v.

Plaintiff,

ABC COMPANY, an entity of unknown
origin and/or JOHN DOE, individually,



Defendants.

Civil Action No. 10-CV-671

SALEHOO GROUP LTD.’S MOTION
FOR LEAVE TO TAKE IMMEDIATE
DISCOVERY



NOTE ON MOTION CALENDAR:
April 20, 2010

Plaintiff SaleHoo Group Ltd. (“SaleHoo”) respectfully requests that the Court grant leave

to serve early subpoena discovery pursuant to Federal Rule of Civil Procedure 45 on

GoDaddy.com, Inc. and Domains by Proxy, Inc. to discover the owner identity and account
information associated with the offending domain name salehoosucks.com and corresponding

Internet website www.salehoosucks.com.

I.

FACTS

SaleHoo has brought suit against the owner of the domain name salehoosucks.com and

corresponding Internet website www.salehoosucks.com for trademark infringement and false

designation of origin and federal unfair competition and defamation. For purposes of its

complaint, SaleHoo identified the defendants using ABC Company and John Doe, mere place

MOTION FOR LEAVE TO TAKE IMMEDIATE
DISCOVERY - 1
Civil Action No. 10-CV-671
SALE-6-1001P02MOT



Case 2:10-cv-00671-JLR Document 2 Filed 04/20/2010 Page 2 of 4



holders, because the identity and contact information of the domain name and website owner was

unknown to SaleHoo. ABC Company is an entity of unknown type and origin and John Doe is an

individual of unknown citizenship and residence. As asserted in the complaint, on information
and belief, one or both defendants own and/or control the domain name salehoosucks.com and

corresponding Internet website www.salehoosucks.com, including the development and

publication of the www.salehoosucks.com website, its content and related business and

commerce.

The identity of the owner of the salehoosucks.com domain name and associated website

has been unsuccessfully sought by SaleHoo and is presently shielded from disclosure by the

domain name registrar GoDaddy.com, Inc. and Domains by Proxy, Inc., which has listed itself as

the registrant as part of its anonymous domain name service. According to its website

“Civil Subpoena Policy,” GoDaddy.com, Inc. is headquartered at 14455 North Hayden Road,

Suite 219, Scottsdale, Arizona 85260. According to publicly accessible Whois administrative

contact records, Domains by Proxy, Inc. is located at 15111 North Hayden Road, Suite 160,

Scottsdale, Arizona 85260. It is the policy of the registrar, GoDaddy.com, Inc., not to disclose

identity or account information absent service of legal process. Domains by Proxy, Inc. has
likewise refused to provide the identity of the owner of the salehoosucks.com domain name

absent service of legal process.

Accordingly, SaleHoo seeks the Court’s leave to immediately issue subpoenas to both

GoDaddy.com, Inc. and Domains by Proxy, Inc. to pursue identity and account information via

legal process. SaleHoo will use this information to amend the complaint to identify the correct

defendant(s). This information may also be otherwise relevant to SaleHoo’s claims or reasonably

calculated to lead to the discovery of admissible evidence.

II.

QUESTION PRESENTED

Whether the Court should allow the immediate issuance of subpoenas from SaleHoo to

GoDaddy.com, Inc. and Domains by Proxy, Inc. in order to obtain identity and account

MOTION FOR LEAVE TO TAKE IMMEDIATE
DISCOVERY - 2
Civil Action No. 10-CV-671
SALE-6-1001P02MOT



Case 2:10-cv-00671-JLR Document 2 Filed 04/20/2010 Page 3 of 4



information regarding the defendant(s) in this action, namely, the owner(s) of the domain name
salehoosucks.com and corresponding Internet website www.salehoosucks.com?

III.

EVIDENCE RELIED UPON

This motion is based on the complaint and supporting Declaration of David A. Lowe,

filed and served herewith.

IV.

LEGAL ANALYSIS

Federal Rule of Civil Procedure (Fed. R. Civ. Pro.) 26(b)(1) allows parties to obtain

discovery of “any nonprivileged matter that is relevant to any party’s claim or defense,” and states

that “[r]elevant evidence need not be admissible at the trial if the discovery appears reasonably

calculated to lead to the discovery of admissible evidence.” Fed. R. Civ. Pro. 45(a)(1)(D) allows

parties to serve a subpoena requiring the production or allowing the inspection, copying, etc. of

documents, electronically stored information, or other tangible things.

SaleHoo seeks to discover the identity and account information regarding the defendant(s)
in this action, namely, the owner(s) of the domain name salehoosucks.com and corresponding

Internet website www.salehoosucks.com. SaleHoo has asserted claims for

trademark

infringement and false designation of origin and federal unfair competition and defamation

against the owners of the domain name and website, but has been unable to conclusively identify

the defendants because the information has been shielded by the third party registrar and

registrant. Immediate subpoenas to the third party registrar and registrant are necessary to allow

SaleHoo to amend its complaint to identify the proper defendants, as well as to facilitate service

and further prosecution of SaleHoo’s claims against the offending parties.

For the reasons set forth above, SaleHoo respectfully requests that the Court order that

SaleHoo may issue subpoenas to GoDaddy.com, Inc. and Domains by Proxy, Inc. to compel the
identification and account information of the owner(s) of the domain name salehoosucks.com

and corresponding Internet website www.salehoosucks.com. A proposed Order is submitted

herewith.

MOTION FOR LEAVE TO TAKE IMMEDIATE
DISCOVERY - 3
Civil Action No. 10-CV-671
SALE-6-1001P02MOT



Case 2:10-cv-00671-JLR Document 2 Filed 04/20/2010 Page 4 of 4



RESPECTFULLY SUBMITTED this 20th day of April, 2010.

/David A. Lowe/, WSBA No. 24,453
Email: [email protected]
Lawrence D. Graham, WSBA No. 25,402
Email: [email protected]
BLACK LOWE & GRAHAMPLLC
701 Fifth Avenue, Suite 4800
Seattle, WA 98104
T: 206.381.3300
F: 206.381.3301

Attorneys for SaleHoo Group Ltd.

MOTION FOR LEAVE TO TAKE IMMEDIATE
DISCOVERY - 4
Civil Action No. 10-CV-671
SALE-6-1001P02MOT