NEWMAN & NEWMAN,

ATTORNEYS AT LAW, LLP

505 Fifth Ave. S., Ste. 610

Seattle, Washington 98104

(206) 274-2800

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The Honorable John C. Coughenour

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

JAMES S. GORDON, Jr., a married

individual, d/b/a ‘GORDONWORKS.COM';

OMNI INNOVATIONS, LLC., a

Washington limited liability company,

Plaintiffs,

v.

VIRTUMUNDO, INC, a Delaware

corporation d/b/a

ADNOWLEDGEMAIL.COM;

ADKNOWLEDGE, INC., a Delaware

corporation, d/b/a

ADKNOWLEDGEMAIL.COM; SCOTT

LYNN, an individual; and JOHN DOES,

1-X,

Defendants.

NO. CV06-0204JCC

DECLARATION OF MICHAEL

SHOPMAKER IN SUPPORT OF 

DEFENDANTS’ OPPOSITION TO

PLAINTIFFS’ MOTION FOR

PARTIAL SUMMARY

JUDGMENT

NOTE ON MOTION CALENDAR: 

January 12, 2007

I, Michael Shopmaker, swear under penalty of perjury under the laws of the

United States to the following:

1. I am president and CEO of Defendant Virtumundo, Inc. I am over eighteen

(18) years of age, competent to testify to the matters stated in this declaration, and make

this declaration from personal knowledge of those matters, except where otherwise stated.

2. Virtumundo is the registrant (i.e., owner) of each of the domain names:

<vm-mail.com>, <vmadmin.com>, and <virtumundo.com>.

Case 2:06-cv-00204-JCC Document 83 Filed 01/08/2007 Page 1 of 3

Gordon v. Virtumundo Inc et al Doc. 83

Dockets.Justia.com
NEWMAN & NEWMAN,

ATTORNEYS AT LAW, LLP

505 Fifth Ave. S., Ste. 610

Seattle, Washington 98104

(206) 274-2800

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DECL. OF M. SHOPMAKER RE:

OPP’N TO MOT. FOR PARTIAL S.J.

CASE NO. CV06-0204C - ii

3. Virtumundo is identified in the WHOIS database as the registrant of each of

the names.

4. The WHOIS database is a publically available source to learn who is the

registrant of any .com domain name. The registrant provides its own contact information

in the WHOIS database.

5. A WHOIS query on any of the domain names at issue here will return

information including Virtumundo's name, correct physical address, and telephone

number.

6. Email senders who wish to obscure their identity may provide inaccurate

contact information when registering domain names, or use "domain proxy" services to

prevent their contact information from appearing in the WHOIS database.

7. Virtumundo does not engage in such practices, and indeed endeavors to

make itself easy to identify and locate from the information in the "from" lines of the

emails it sends. 

8. Every "from" line from Virtumundo contains an accurate and truthful

domain name that is registered to Virtumundo listed in WHOIS. In addition, the body of

each email Virtumundo sends always includes accurate contact information for

Virtumundo and working "unsubscribe" links.

9. In the course of its business, Virtumundo creates and transmits emails as

part of promotional campaigns for its customers. In those situations, Virtumundo

typically uses the "from name" field to identify the customer. 

10. In other circumstances, Virtumundo uses the "from name" field to identify

the line of business to which the email pertains. Thus, an email advertising police

training might have the "from name" of "CriminalJustice." 

11. This performs three functions. First, it informs the recipient that the

message is a commercial email, rather than an email from a particular individual. 

Second, it informs the recipient of the general subject of the message. Third, it accurately

identifies Virtumundo's business line that initiated the message. It is not "advertising

Case 2:06-cv-00204-JCC Document 83 Filed 01/08/2007 Page 2 of 3
Case 2:06-cv-00204-JCC Document 83 Filed 01/08/2007 Page 3 of 3