TRAVERSElegal

February 1, 2010
Page 2 of 2

| look forward to answering any questions you might have.
Sincerely,

TRAVERSE LEGAL, PLC

e-

Enrico Schaefer
enrico@traverselegal.com
ES/cad
Enclosures
cc: William Delgado (w/enc.)


AO 88B (Rev. 01/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises (Page 3)

Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07)

(c) Protecting a Person Subject to a Subpoena.

(1) Avoiding Undue Burden or Expense; Sanctions, A party or
attomey responsible for issuing and serving a subpoena must take
reasonable steps to avoid imposing undue burden or expense on a
person subject to the subpoena. The issuing court must enforce this
duty and impose an appropriate sanction — which may include lost
earnings and reasonable attorney’s fees — on a party or attorney
who fails to comply,

(2) Command to Produce Materials or Permit Inspection.

(A) Appearance Not Required. A person commanded to produce
documents, electronically stored information, or tangible things, or
to permit the inspection of premises, need not appear in person at the
place of production or inspection unless also commanded to appear
for a deposition, hearing, or trial.

(B) Objections. A person commanded to produce documents or
tangible things or to permit inspection may serve on the party or
attorney designated in the subpoena a written objection to
inspecting, copying, testing or sampling any or all of the materials or
to inspecting the premises — or to producing electronically stored
information in the form or forms requested. The objection must be
served before the earlier of the time specified for compliance or 14
days after the subpoena is served. If an objection is made, the
following rules apply:

(i) At any time, on notice to the commanded person, the serving
party may move the issuing court for an order compelling production
or inspection.

(ii) These acts may be required only as directed in the order, and
the order must protect a person who is neither a party nor a party’s
officer from significant expense resulting from compliance.

(3) Quashing or Modifying a Subpoena.

(A) When Required. On timely motion, the issuing court must
quash or modify a subpoena that:

(i) fails to allow a reasonable time to comply;

(ii) requires a person who is neither a party nor a party’s officer
to travel more than 100 miles from where that person resides, is
employed, or regularly transacts business in person — except that,
subject to Rule 45(c)(3)(B)(iii), the person may be commanded to
attend a trial by traveling from any such place within the state where
the trial is held;

(iii) requires disclosure of privileged or other protected matter, if
no exception or waiver applies; or

(iv) subjects a person to undue burden.

(B) When Permitted. To protect a person subject to or affected by
a subpoena, the issuing court may, on motion, quash or modify the
subpoena if it requires:

(i) disclosing a trade secret or other confidential research,
development, or commercial information;

(ii) disclosing an unretained expert’s opinion or information that
does not describe specific occurrences in dispute and results from
the expert’s study that was not requested by a party; or

(iii) a person who is neither a party nor a party’s officer to incur
substantial expense to travel more than 100 miles to attend trial.

(©) Specifying Conditions as an Alternative. In the circumstances
described in Rule 45(c)(3)(B), the court may, instead of quashing or
modifying a subpoena, order appearance or production under
specified conditions if the serving party:

(i) shows a substantial need for the testimony or material that
cannot be otherwise met without undue hardship; and

(ii) ensures that the subpoenaed person will be reasonably
compensated.

(d) Duties in Responding to a Subpoena.

(1) Producing Documents or Electronically Stored Information.
These procedures apply to producing documents or electronically
stored information:

(A) Documents. A person responding to a subpoena to produce
documents must produce them as they are kept in the ordinary
course of business or must organize and label them to correspond to
the categories in the demand.

(B) Form for Producing Electronically Stored Information Not
Specified. If a subpoena does not specify a form for producing
electronically stored information, the person responding must
produce it in a form or forms in which it is ordinarily maintained or
in a reasonably usable form or forms.

(©) Electronically Stored Information Produced in Only One
Form. The person responding need not produce the same
electronically stored information in more than one form.

(D) Inaccessible Electronically Stored Information. The person
responding need not provide discovery of electronically stored
information from sources that the person identifies as not reasonably
accessible because of undue burden or cost. On motion to compel
discovery or for a protective order, the person responding must show
that the information is not reasonably accessible because of undue
burden or cost. If that showing is made, the court may nonetheless
order discovery from such sources if the requesting party shows
good cause, considering the limitations of Rule 26(b)(2)(C). The
court may specify conditions for the discovery.

(2) Claiming Privilege or Protection.

(A) Information Withheld. A person withholding subpoenaed
information under a claim that it is privileged or subject to
protection as trial-preparation material must:

(i) expressly make the claim; and

(ii) describe the nature of the withheld documents,
communications, or tangible things in a manner that, without
revealing information itself privileged or protected, will enable the
parties to assess the claim.

(B) Information Produced. If information produced in response to a
subpoena is subject to a claim of privilege or of protection as trial-
preparation material, the person making the claim may notify any
party that received the information of the claim and the basis for it.
After being notified, a party must promptly return, sequester, or
destroy the specified information and any copies it has; must not use
or disclose the information until the claim is resolved; must take
reasonable steps to retrieve the information if the party disclosed it
before being notified; and may promptly present the information to
the court under seal for a determination of the claim, The person
who produced the information must preserve the information until
the claim is resolved.

(e) Contempt. The issuing court may hold in contempt a person
who, having been served, fails without adequate excuse to obey the
subpoena. A nonparty’s failure to obey must be excused if the
subpoena purports to require the nonparty to attend or produce at a
place outside the limits of Rule 45(c)(3)(A)(ii).


Flikckr.com - Fl I kekr

1 of 2

‘Show Summary View

Whois Record

Registrant Search: “Navigation Catalyst Systems, inc” owns about 218,735 other domains
Email Search: domainadmin@navigationcatalyst.com_ is associated with about 270,70 domains

Rogistrar History: 2 registrars
NS History: 2.changes on 2 unique name servers over 4 years,
IP History: 35 changes on 13 unique name servers over 5 years.
Whois History: 14 records have been archived since 2007-10-12

Reverse IP: 450,871 other sites hosted on this server,
DomainTools for Windows®
Now you can access domain ownership records anytime, anywhere... right from your own
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Registrant:
Navigation Catalyst Systems, Inc
2141 Rosecrans Ave.

Suite 2020

El Segundo, CA 90245
domainadmin@navigation:
3106471592

Fax: 3106476001

alystcom_

Domain Name: FLIKCKR.COM

Administrative Contact:
Navigation Catalyst Systems, Inc
2141 Rosecrans Ave.

Suite 2020

El Segundo, CA 90245

Bmail: domainadmin@navigationcatalystcom

Phone: 3106471592
Fax: 3106476001

Technical Contact:
Navigation Catalyst Systems, Inc
2141 Rosecrans Ave.

Suite 2020

El Segundo, CA 90245

Email: domainadmin@navigationcatalystcom
Phone: 3106471592

Fax: 3106476001

Billing Contact:
Navigation Catalyst Systems, Inc
2141 Rosecrans Ave

Suite 2020

El Segundo, CA 90245

Email: domainadmin@navigationcatalystcom
Phone: 3106471592
Fax: 3106476001

Record expires on 11/4/2010
Record created on 11/4/2005
Database last updated on 1/13/2010

Domain servers:

dpnsi .dnsnameserver.org
dpns2 .dnsnameserver.org
dpns3.dnsnameserver.org
dpns4 .dnsnameserver .org

http://whois.domaintools.conyflikckr.com

enrico1999 Logout | My Account

Whois | Domain Search | Domain Suggestions | ForSale | Sales History | Auction Search | Domain Monitor | Domain Directory
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Whois Record Site Profile Registration Server Stats My Whois Thumbnail:

GRAB YOUR..1TsDOMAINII AR 9)
FORJONLY/5EUR)//S 7:50, 03 o

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1/27/2010 3:24 PM


Domain Tools: View Historical Whois Records http://domain-history.domaintools.con/ ?page=details&domain=Fllkck...

enrico1999 Logout | My Account

Whois | Domain Search | Domain Suggestions | ForSale | Sales History | Auction Search | Domain Monitor | Domain Directory
Ping| Traceroute | My IP Address | Domain Parking | Cheap Domain Name Registration | Bulk Check | Domain Typo Generator | more> |
Power Tools: Reverse IP Domain History | Mark Alert Name Server Spy Hosting History Registrant Search Registrant Alert

Filkckr.com on 2010-01-20 - Domain History

Enter a domain name to get its history

Domain Name: Filkckr.com ‘Search
«Previous
Domain: Fllkekr.com - Domain History
Cache Date: 2010-01-20
Registrar: BASIC FUSION, INC.

Registrant Search: Click on an email address we found in this whois record
to see which other domains the registrant is associated with:
domainadmin@navigationcatalyst.com

Registrant:
Navigation Catalyst Systems, Inc

2141 Rosecrans Ave.

Suite 2020

El Segundo, CA 90245

Email: domainadmin@navigationcatalyst.com
Phone: 3106471592

Fax: 3106476001

Domain Name: FLIKCKR.COM

Administrative Contact:
Navigation Catalyst Systems, Inc

2141 Rosecrans Ave.

suite 2020

El Segundo, CA 90245

Email: domainadmin@navigationcatalyst.com
Phone: 3106471592

Fax: 3106476001

Technical Contact:
Navigation Catalyst systems, Inc

2141 Rosecrans Ave.

suite 2020

El Segundo, CA 90245

Email: domainadmin@navigationcatalyst com
Phone: 3106471592

Fax: 3106476001

Billing Contact:
Navigation Catalyst Systems, Inc

2141 Rosecrans Ave.

Suite 2020

El Segundo, CA 90245

Email: domainadnin@navigationcatalyst.com
Phone: 3106471592

Fax: 3106476001

Record expires on 11/4/2010
Record created on 11/4/2005
Database last updated on 1/13/2010

Domain servers:
dpnsi.dnsnameserver .org
dpns2.dnsnameserver .org

dpns3.dnsnameserver .org
dpns4.dnsnameserver .org

1 of2 1/27/2010 3:25 PM


AO 88B (Rev. 01/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises (Page 2)

Civil Action No. 2:08CV10756

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)

This subpoena for (name of individual and title, if any)

was received by me on (date)

OC I personally served the subpoena on the individual at (place)

‘on (date) 3 or

G I left the subpoena at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individual’s last known address; or

CG I served the subpoena to (name of individual) , who is
designated by law to accept service of process on behalf of (name of organization)

on (date) or
OC Treturned the subpoena unexecuted because 3 or
0 other (specifi):

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
tendered to the witness fees for one day’s attendance, and the mileage allowed by law, in the amount of

$

My fees are $ for travel and $ for services, for a total of $ 0.00

I declare under penalty of perjury that this information is true.

Date:

Server's signature

Printed name and title

Server's address

Additional information regarding attempted service, etc:


IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN

THE WEATHER UNDERGROUND, INC.,

a Michigan corporation,
Plaintiff,

vs.

NAVIGATION CATALYST SYSTEMS, INC.,

Case No. 2:09-CV-10756
Hon. Marianne O. Battani

a Delaware corporation; BASIC FUSION, INC.,
a Delaware corporation; CONNEXUS CORP.,
a Delaware corporation; and FIRSTLOOK, INC.,

a Delaware corporation,

Defendants.

Enrico Schaefer (P43506)

Brian A. Hall (P70865)
TRAVERSE LEGAL, PLC

810 Cottageview Drive, Unit G-20
Traverse City, MI 49686
231-932-0411
enrico.schaefer@traverselegal.com

Nicholas J. Stasevich (P41896)
Benjamin K. Steffans (P69712)
BUTZEL LONG, PC

150 West Jefferson, Suite 100
Detroit, MI 48226

(313) 225-7000
stasevich@pbutzel.com

brianhall@traverselegal.com
Lead Attorneys for Plaintiff

Anthony P. Patti (P43729)
HOOPER HATHAWAY, PC
126 South Main Street

Ann Arbor, MI 48104
734-662-4426
apatti@hooperhathaway.com
Attorneys for Plaintiff

steffans@butzel.com

Local Counsel for Defendants

William A. Delgado (admitted pro hac vice)
WILLENKEN WILSON LOH & LIEB LLP
707 Wilshire Boulevard, Suite 3850

Los Angeles, CA 90017

(213) 955-9240
williamdelgado@willenken.com

Lead Counsel for Defendants

NOTICE OF INTENT TO SERVE SUBPOENA ON NON-PARTY



EXHIBIT A
Definitions:
“Typo Domains” means flikckr.com.

The words “You” and “Your” as used herein refer the company receiving this
subpoena and any and all parent companies, subsidiaries, affiliated entities and
divisions which are reasonably likely to have information related to the Requests below.

“NCS” means Navigation Catalyst Systems, Inc. (the Registrant/Owner of the Typo
Domains for the periods indicated), Basic Fusion, Inc. (the Registrar for the Typo
Domains and a related company to NCS), FirstLook, Inc. (the company that provides
the software which displays advertisements on the Typo Domains) and Connexus
Corp (The parent company of NCS, Basic Fusion and First Look).

“Document(s)” means all written, paper or digital information no matter how stored.

Requests:

1. Any and all Documents which reflect or establish trademark registrations
related to flickr.com and flickr.net and/or FLICKR and/or variations thereof.

2. Any and all Documents reflecting permission or license granted by You to
NCS, which would (a) allow them to register/own the Typo Domains or (b) display paid
advertisements on the web pages displayed on the Typo Domains.

3. Any and all Documents indicating whether You were aware of NCS's
registration of the Typo Domains.

4. Any and all notice, cease and desist and/or threat letters sent by You to
NCS regarding assertions or allegations of trademark rights, trademark infringement,
trademark dilution or cybersquatting concerning the Typo Domains or any other
domains registered by NCS.

5. Any and all Documents reflecting communication between you and NCS
regarding any domain name or trademark issue.

6. Any and all lawsuits, arbitrations or other adversarial proceedings brought
by You against NCS either related or unrelated to the Typo Domains.


AO 88B (Rev. 01/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises

UNITED STATES DISTRICT COURT

for the

Northern District of California

The Weather Underground, Inc.
Plaintiff

v. Civil Action No. 2:08CV10756

)
)
)
)
Navigation Catalyst Systems, Inc. a) (If the action is pending in another district, state where:
Defendant ) Eastern District of Michigan

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
OR TO PERMIT INSPECTION OF PREMISES

To: Custodian of Records, Yahoo!, Inc. (FLICKR), 701 First Avenue, Sunnyvale, CA 94089

Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the
material: SEE EXHIBIT A ATTACHED.

Place: Esquire Solutions, Inc. | Date and Time:
440 Montgomery Street, Suite 1100 | '
_____ San Francisco, CA 94104 (415-591-3333) | 3/01/2010 .08:00

1 Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.

Place: Date and Time:

The provisions of Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule
45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are
attached.

Date: UB (I (0)
CLERK OF COURT
a a

Signature of Clerk or Deputy Clerk Attorne

The name, address, e-mail, and telephone number of the attorney representing (name of party)
__The Weather Underground, Inc. - , who issues or requests this subpoena, are:
Traverse Legal, PLC, 810 Cottageview Drive, Unit G-20, Traverse City, MI 49684 (231) 932-0411



TRAVERSE legal,

ageview Dr. 23
23

traverselegal.com

ATTORNEYS & ADVISORS

February 1, 2010

Custodian of Records
Flickr.com

Yahoo!, Inc.

701 First Avenue
Sunnyvale, CA 94089

Re: | The Weather Underground, Inc., v. Navigation Catalyst Systems, Inc.
U.S. District Court for the Eastern District of Michigan Case No. 02:09CV10756

Dear Sir/Madam:

Please find enclosed a Subpoena regarding documents necessary to the referenced action.
Note that the Subpoena primarily requests information concerning typographical variations
of your primary domain name flickr.com registered by the Defendant, Navigation Catalyst
Systems (“NCS”), in the above case. By way of background information, find included with
this letter information regarding the typo domains as follows:

A flikckr.com first registered with NCS on approximately 10-12-2007 and last
registered with NCS on approximately 01-20-2010 (see attached WholS History
for 01-20-2010).

We are committed to cooperate with you to ensure that the documents are reasonably
identifiable and to avoid unnecessary expense or burden. Please contact me directly to
discuss this Subpoena and suggestions regarding the method of production. Note, as an
alternative to the production location on the Subpoena, you are invited to produce the
documents directly to my office as follows:

Traverse Legal, PLC
810 Cottageview Drive, Unit G-20
Traverse City, MI 49684


CERTIFICATE OF SERVICE

| state that | am employed by the law offices of Traverse Legal, PLC,
attorneys for Plaintiff herein, that | served the attached NOTICE OF INTENT TO
SERVE SUBPOENA ON NON-PARTY (Case Number 2:08CV10756, United
States District Court for the Eastern District of Michigan) upon the parties listed
below by email and U.S. Mail, postage paid, on this 18 day of February, 2010:

Enrico Schaefer (P43506)

Brian A. Hall (P70865)
TRAVERSE LEGAL, PLC

810 Cottageview Drive, Unit G-20
Traverse City, MI 49686
231-932-0411
enrico.schaefer@traverselegal.com
brianhall@traverselegal.com

Lead Attorneys for Plaintiff

Anthony P. Patti (P43729)
HOOPER HATHAWAY, PC
126 South Main Street

Ann Arbor, MI 48104
734-662-4426
apatti@hooperhathaway.com
Attorneys for Plaintiff

William A. Delgado (admitted pro hac)
WILLENKEN WILSON LOH & LIEB LLP
707 Wilshire Boulevard, Suite 3850

Los Angeles, CA 90017

(213) 955-9240
williamdelgado@willenken.com

Lead Counsel for Defendants

Nicholas J. Stasevich (P41896)
Benjamin K. Steffans (P69712)
BUTZEL LONG, PC

150 West Jefferson, Suite 100
Detroit, MI 48226

(313) 225-7000
stasevich@pbutzel.com
steffans@butzel.com

Local Counsel for Defendants

Chu Ditech

Catherine Dittrich

Page 3 of 3


Pursuant to the provisions of F.R.Civ.P. 45, Plaintiff The Weather Underground,
Inc., intends to serve the attached subpoena on Yahool, Inc., for flickr.com, a non-party
to this action, for the production of documents.

Respectfully submitted this 1° day of February, 2010.

owe

Enrico Schaefer (P43506)

Brian A. Hall (P70865)
TRAVERSE LEGAL, PLC

810 Cottageview Drive, Unit G-20
Traverse City, MI 49686
231-932-0411

enrico.schaefer@traverselegal.com

Lead Counsel for Plaintiff

Anthony P. Patti (P43729)
HOOPER HATHAWAY, PC
126 South Main Street

Ann Arbor, MI 48104
734-662-4426

apatti@hooperhathaway.com

Attorneys for Plaintiff

Page 2 of 3