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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF NEBRASKA
SHOEMONEY MEDIA GROUP, INC., )
)
Plaintiff, )
)
vs. )
)
KEYEN FARLL and JOHN J. FARLL, )
)
Defendants. )
CASE NO. 09-cv-00131
AFFIDAVIT OF
JOHN J. FARLLSTATE OF CONNCTICUT )
)ss.
COUNTY OF NEW HAVEN )
COMES NOW THE AFFIAT, John J. Farrell, who, under oath, deposes and states as
follows:
1. I am over the age of twenty-one (21) and competent to testify to the facts herein.
2. I have personallaowledge ofthe facts set forth within this Affidavit.
3. I am named as a Defendant in the above-captioned matter. This Affdavit is
submitted in connection with Defendants' Motion to Dismiss the Complaint filed on this day.
4. I am a resident ofthe State of
Connecticut.
5. I have never been a resident ofthe State of
Nebraska.
6. I have never visited the State of
Nebraska.
7. I do not curently, nor have I ever, owned any real property located in the State of
Nebraska.
8. I do not curently, nor have I ever, owned a business that was incorporated under the
laws of
Nebraska.
Case: 8:09-cv-00131-JFB-FG3 Document #: 11-3 Date Filed: 04/30/2009 Page 1 of 4
9. I do not maintain an office, employees, contractors, offcers, directors, agents, or
volunteers in Nebraska.
10. When internet users enter search terms in ww.google.com. Google's search engie
displays advertisements of varous entities that may be of interest to the internet user. In
conjunction with this, Google sells contextual advertising through a program called "AdW ords."
"AdW ords" allows advertisers to bid for their advertising hyperlink to appear above or next to
Google search results when internet users enter specific search terms in a Google search.
11. An "AdW ords" advertising hyperlink contains the text of an ad. If an internet user is
interested, the user can click on the link, which takes the internet user to the advertiser's website.
With this, the "AdW ords" advertising hyperlink is passive and simply makes information available
to internet users who may be interested.
12. My son, Keyen Farell, is the owner ofthe domain ww.myincentivewebsite.com.
13. On or about Januar 22,2009, Keyen Farrell opened a Google "AdWords" account
with my financial sponsorship and under my name for the purpose of advertising the website,
ww.myincentivewebsite.com.
14. Keyen Farrell had my permission to open the "AdWords" account under my name
for this purpose.
15. I had no laowledge of the existence of Shoemoney Media Group, Inc. or its
trademark, SHOEMONEY, until March 31, 2009. I did not intend to infrnge upon the
SHOEMONEY trademark in any way.
16. Google has a policy that it does not allow advertisers to use a registered trademark in
the text of sponsored links. When a keyword is submitted for an "AdWords" account, the keyword
2
Case: 8:09-cv-00131-JFB-FG3 Document #: 11-3 Date Filed: 04/30/2009 Page 2 of 4
is run through the Google system. If the keyword is a registered trademark, the Google system is
supposed to prevent the trademark from appearng in the text ofthe ad.
17. I relied upon this internal review at Google with respect to the "AdWords" account
that was opened in my name.
18. Google's internal review process failed to prevent the term "shoemoney" from
appearing in the text of the ads associated with the "AdW ords" account that was opened in my
name.
19. I did not take any action to circumvent federal
law and/or Google policy to allow the
SHOEMONEY mark to appear in the text of
the sponsored lins on the "AdWords" account.
20. I have never accessed the Google account for Jeremy Schoemaker and/or
Shoemoney Media Group, Inc.
21. I fist leared of
the SHOEMONEY mark on or about March 31, 2009 when counsel
for the Plaintiff sent my son Keyen a cease and desist letter.
3
Case: 8:09-cv-00131-JFB-FG3 Document #: 11-3 Date Filed: 04/30/2009 Page 3 of 4
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