Moore Declaration in Support

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.

DECLARATION OF SCOTT MOORE IN SUPPORT OF DEFENDANTS’ MOTION FOR ATTORNEYS’ FEES AND COSTS

I, Scott Moore, declare and testify as follows:

1. I am over eighteen years of age, competent to testify to the matters stated in this declaration, and make this declaration from personal knowledge of those matters.

2. I am the president of defendant Virtumundo, Inc. (“Virtumundo”), and have been an officer of Virtumundo for six (6) years. Before I became the
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company’s president, I served as its Chief Operating Officer, Vice President of Operations, and Director of Information Technology. I am very familiar with Virtumundo’s business practices and standard operating procedures.

3. I have reviewed the email (Email”)which Plaintiff James Gordon (“Gordon”) attached as Exhibit B to his July 2, 2007 declaration filed in the above-captioned lawsuit (Dkt. #136). In paragraph 4 of his declaration, Gordon incorrectly refers to the Email as a “recent spam from Defendant Virtumundo”. In truth, Virtumundo did not send the Email.

4. The Email purports to advertise the services of Charter Communications. However, Charter Communications is not, and has never been, a customer of Virtumundo. Virtumundo has never sent any emails on behalf of Charter Communications. Further, the Email does not include Virtumundo’s standard header or footer, and its “from line” is styled differently from the “from lines” in emails sent by Virtumundo.

5. The Email purports to have been delivered to . However, at least one year ago, Virtumundo suppressed the transmission of any emails to addresses in the domain. Accordingly, it would have been impossible for or anyone else with a email address to have received email from Virtumundo for at least the past year. Virtumundo is not sending any email to Plaintiffs and has no plans to do so.

6. The Email purports to have been sent from an address in the domain. According to publicly available WHOIS records, the registrar for is Tucows, Inc., whose services Virtumundo has never used. WHOIS records also indicate that the registrant is “InfoUSA”, an entity which is unrelated to Virtumundo, and that InfoUSA’s servers hosting facility is Rackspace.com, whose services
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Virtumundo has never used. Further, InfoUSA's address is in Omaha, Nebraska, where Virtumundo has never resided, incorporated or conducted business. Plaintiffs or their counsel could have checked WHOIS records with two minutes of effort and determined that Virtumundo did not transmit the Email to them.

I certify and declare under the penalty of perjury under the laws of the State of Washington and the United States that to my knowledge the foregoing is true and correct.

Executed on this 6th day of July, 2007

Scott Moore

Attachment	Date	Size
MotFeesCostsReplyMooreDec.pdf	06/28/09 1:04 pm	107.96 KB