(Compl. 6). Beijing Baidu Netcom Science
Technology Co.,Ltd. is incorporated under the laws of China and has itsprincipal place of business in China.
7). Baidu is thethird largest search engine service provider in the world and thelargest in China, with an estimated more than 70% share of theChinese-language market.
13). Baidu owns the registeredtrademark "Baidu" and the domain name "baidu.com."
15,16). It generates revenue through the public's use of its searchengine service on its web site.
14, 24).Register is incorporated under Delaware law and has itsprincipal place of business in New York.
8). Register isan accredited domain name registrar and provides domain nameregistration, Internet traffic routing, and related services forits customers.
Baidu's Relationshin with Reaister
Baidu registered its domain name with Register in 1999.
16; Jacobson Decl.
3). The parties entered into aseries of written agreements; the currently operative agreementis the Master Services Agreement dated December 18, 2009 (the"MSA"). (Compl.
Ex. A).Under the MSA, Baidu agreed to use Register's services"entirely at [Baidu's] own risk." (MSA at 9)
MSA includesassertsthe MSAThe complaint refers to the "contract at issue" anda breach of contract claim (Compl.
11, 34-38) and thusis deemed incorporated into the complaint by reference.
References to the MSA are to the pages of the versionattached to the Jacobson Declaration as Exhibit A. For ease of
Case 1:10-cv-00444-DC Document 21 Filed 07/22/2010 Page 3 of 20