Lists will hit home in the domain name industry.
Verisign’s lawsuit against XYZ.com, LLC and Daniel Negari continues to move forward at full speed, thanks to the “rocket docket” in U.S. District Court Eastern District of Virginia.
Both parties have submitted their proposed exhibit lists and witnesses for the trial.
Reviewing the exhibit lists, it’s clear that if you emailed Daniel Negari about .xyz, there’s a good chance Verisign has reviewed that email. If you wrote or commented about .xyz, Verisign’s counsel has read it.
Among the email exchanges Verisign plans to use as exhibits at trial are with bloggers Michael Berkens, Morgan Linton, Rick Schwartz and Kevin Murphy, as well as Donuts CEO Paul Stahura.
XYZ plans to use a number of communications between Verisign executives at trial.
Verisign’s exhibit list (pdf) includes a number of articles written about .xyz, both on industry publications and the national media. Among those that Verisign has marked as planning to use include Rick Schwartz’s interview with Negari and OnlineDomain.com’s article “.XYZ is DEAD – DISASTER! Daniel Negari Exposed! .XYZ down to 34th place! Where is Deals.xyz?”
The exhibit list from Verisign also includes what appears to be a deal between XYZ and Web.com for a the registry to pay Web.com $3 million for advertising at the same time Web.com’s Network Solutions was giving free .xyz domain names to its customers.
In addition to .XYZ representatives, Verisign plans to call as witnesses or use deposition testimony (pdf) of a Web.com representative and ICANN’s Akram Atallah. It might also call for a representative of .Club.
.XYZ lists a number of witnesses, including Jothan Frakes as an expert witness.
Stay tuned for more details.
[Note: The XYZ exhibit and witness list appears to include the home address and phone number for some witnesses. I’m holding off publishing the document in case these will be removed.]