STATEMENT OF UNDISPUTED FACTS. ========================= ANTHONY TEMPLER / CURRENTLY RESIDING AT: Zille Str. 69, 10575 BERLIN, GERMANY LAST KNOWN USA ADDRESS: ANTHONY TEMPLER/ ATANDA WEB PRESENCE SERVICES 939 61ST STREET, SUITE #13 OAKLAND, CA 94608-1301 ------------------------------------------------------------- GAP INTERNATIONAL INC. 700 OLD MARPLE ROAD, SPRINGFIELD, PENNSYLVANIA ---------------------------------------------------------- MORE INFORMATION ON THE THEFT: http://www.win-tv.net/GAP_WINTV_Site/GAP_WIN-Tv_Website_Theft.html ----------------------------------------------------------

1. 1 Mattaniah Eytan (State Bar No. 68561)
Eric Schenk (State Bar No. 100193)
2 LAW OFFICES OF MATTANIAH EYTAN
21 Tamal Vista Blvd., Suite 219
3 Corte Madera, CA 94925
4 Counsel for plaintiff Gerard Angé; in his individual capacity
and as assignee forWorld Indigenous Network Corporation; and
5 G.A.P. International
6
7 SUPERIOR COURT OF CALIFORNIA
8 COUNTY OF ALAMEDA – UNLIMITED CIVIL JURISDICTION
9 GERARD ANGÉ, an individual, etc. ) Case No. RG0 5241337
)
10 Plaintiff, ) PLAINTIFF’S SEPARATE STATEMENT
) OF UNDISPUTED MATERIAL FACTS
11 v. ) IN SUPPORT OF MOTION FOR
) SUMMARY ADJUDICATION
12 ANTHONY TEMPLER et al. )
) Date: , 2007
13 Defendants. ) Time:
) Dept:
14 )
) Trial Date: to be determined
15 And Related Cross-complaints. )
)
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20 Plaintiff Gerard Angé submits this statement of undisputed material facts, together with
21 references to supporting evidence, in support of his motion for summary adjudication as to the
22 Eleventh Cause of Action of plaintiff’s Complaint:
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F:ANGEMSAsep stmt.wpd
Separate Statement re MSA

2. 1 ISSUE 1 – PLAINTIFF AND/OR HIS ASSIGNOR, G.A.P. INTERNATIONAL, INC., a
CALIFORNIA CORPORATION, WAS THE LEGITIMATE OWNER OF THE RIGHTS TO
2 THE DOMAIN NAME www.gapinternational.com AT THE TIME TEMPLER BEGAN TO
HOST THE WEBSITE ASSOCIATED WITH THAT DOMAIN NAME
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UNDISPUTED MATERIAL FACTS: SUPPORTING EVIDENCE:
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1. Gerard Angé began doing business 1. Declaration of Gerard Angé
5 as Gerard Angé Productions, International in (“Angé Dec”) at paragraph 2.
approximately 1985 or 1986. The business
6 done as Gerard Angé Productions,
International, both before and after
7 incorporation has been related to providing
satellite hookups for transmission of live
8 events.
9 2. In January 2000, through the web 2. Angé Dec at paragraph 2 and
hosting company, QuickBooks, Angé applied corresponding Exhibit.
10 for and obtained rights to the worldwide web
domain name, gapinternational.com.
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3. Pursuant to my rights as owner of 3. Angé Dec at paragraph 3.
12 the domain name gapinternational.com, I
arranged for a website related to the business
13 of Gerard Angé Productions, International to
be set up with the web address
14 www.gapinternational.com in or around the
first half of 2000.
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16 4. In or about September 2000, Angé 4. Angé Dec at paragraph 4.
took all steps necessary to have Gerard Angé
17 Productions, International, Inc. (“G.A.P.
CA”) incorporated under the laws of the
18 State of California.. Thereafter, the rights to
the domain name gapinternational.com
19 belonged to G.A.P. CA.
20 5. At all times from September 2000 5. Angé Dec at paragraph 5 and
through the present, G.A.P. CA was corresponding Exhibit.
21 commonly known at “G.A.P. International”
and both its stationery and its website (prior
22 to its being commandeered) identified its as
such.
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F:ANGEMSAsep stmt.wpd
2 Separate Statement re MSA

3. 1 6. In or about March 2002, 6. Angé Dec at paragraph 6.
QuickBooks informed Angé that it would no
2 longer be providing web hosting services.
Consequently, he made efforts to locate
3 another company or individual who could
provide that service for me. An individual
4 who worked with G.A.P. CA, Tom Knight,
informed Angé that he knew an individual,
5 Anthony Templer, dba Atanda Web Presence
Services, who could provide the web hosting
6 services G.A.P. CA needed.
7 7. Shortly after Tom Knight told 7. Angé Dec at paragraph 7.
Angé about Mr. Templer, Templer and Angé
8 met and Templer agreed to provide G.A.P.
CA and another project that Angé was
9 developing, World Indigenous Network
Corporation (“Win-TV”) with internet related
10 services including, inter alia, web hosting.
11 8. Accordingly, in or around the 8. Angé Dec at paragraph 8.
beginning of April, 2002, Angé provided Mr.
12 Templer with all of the information he needed
to provide web hosting services, including,
13 inter alia, the passwords necessary to contact
QuickBooks on behalf of G.A.P. CA and
14 Win-TV and take over web hosting from
QuickBooks.
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16 9. On or about April 7, 2002, Templer 9. Angé Dec at paragraph 9 and
notified Angé by email that he (Templer) had corresponding Exhibit.
17 accomplished the transition in web hosting
from QuickBooks to Templer’s operation and
18 he would be hosting the G.A.P. CA domain
name thereafter.
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20 10. Templer informed Angé although 10. Angé Dec at paragraph 10 and
the technical contact information for the corresponding Exhibit.
21 domain had been changed that Angée was still
listed as the Administrator and that G.A.P.
22 CA’s address was listed as the address for the
administrator.
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F:ANGEMSAsep stmt.wpd
3 Separate Statement re MSA

4. 1 ISSUE 2 – NEITHER PLAINTIFF NOR ANYONE ELSE ASSOCIATED WITH G.AP. CA
TRANSFERRED OWNERSHIP INTERESTS IN THE DOMAIN NAME
2 www.gapinternational.com EITHER EXPRESSLY OR BY OPERATION OF LAW TO
TEMPLER OR ANYONE ELSE
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4 11. At no time from the date Angé 11. Angé Dec at paragraph 11.
first acquired the domain name
5 gapinternational.com in 2000 until it wound
up under the control of defendant Gap
6 International, Inc., a Pennsylvania corporation
(“GAP PA”) did the registration for the the
7 domain name gapinternational.com expire or
lapse.
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9 12. At no time from the date Angé 12. Angé Dec at paragraph 12.
first acquired the domain name
10 gapinternational.com in 2000 until it wound
up under the control of defendant GAP PA
11 did Angé agree to or know of the transfer of
ownership rights or interests in the domain
12 name gapinternational.com except to the
extent it became the property of G.A.P. CA
13 upon the incorporation of G.A.P. CA.
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15 13. Neither Angé, nor anyone else 13. Angé Dec at paragraph 13.
with the authority to act on behalf of G.A.P.
16 CA ever suggested to Templer that Angé or
G.A.P. CA was transferring any sort of
17 ownership interest or rights in the
gapinternational.com domain name to
18 Templer or Atanda and Templer never
suggested to Angé that he (Templer ) believed
19 or understood that Angé or G.A.P. CA
intended to transfer any rights in the
20 gapinternational.com domain name to
Templer or Atanda.
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4 Separate Statement re MSA

5. 1 ISSUE 3 – AT NO TIME DID TEMPLER, NEITHER IN HIS CAPACITY AS AN
INDIVIDUAL OR dba ATANDA WEB PRESENCE SERVICES HAVE A LEGITIMATE
2 COMMERCIAL CONNECTION TO THE DOMAIN NAME www.gapinternational.com SUCH
AS WOULD ALLOW HIM TO LEGALLY MAINTAIN OWNERSHIP OF THAT
3 DOMAIN NAME
4 14. The domain name, 14. Templer’s Admission of Request
gapinternational.com, does not CONSIST for Admission No. 1 as reflected in Exhibit A
5 (“as that term is used in 15 U.S.C. § and B to Declaration of Eric Schenk (“Schenk
1125(d)(1)(B)(i)(II)) of Templer’s or Dec”).
6 Atanda’s legal name.
7 15. The domain name, 15. Templer’s Admission of Request
gapinternational.com, does not CONSIST of a for Admission No. 2 as reflected in Exhibit A
8 name that is otherwise commonly used to and B to Schenk Dec.
identify you.
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10 16. Templer and/or Atanda never 16. Templer’s Admission of Request
used the domain name gapinternational.com for Admission No. 3 as reflected in Exhibit A
11 in connection with the bona fide offering of and B to Schenk Dec.
any goods or services.
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13 17. Templer and/or Atanda never had 17. Templer’s Admission of Request
a bona fide noncommercial or fair use of a for Admission No. 4 as reflected in Exhibit A
14 mark (as that phrase is used at 15 U.S.C. § and B to Schenk Dec.
1125(d)(1)(B)(i)(IV)) similar to “GAP
15 International” in a site accessible under the
domain name gapinternational.com.
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17 18. Templer and/or Atanda sold the 18. Templer’s Admission of Request
domain name gapinternational.com to for Admission No. 5 as reflected in Exhibit A
18 defendant GAP International, Inc., a and B to Schenk Dec.
Pennsylvania corporation for financial gain
19 without having used, or having an intent to
use, the domain name in the bona fide
20 offering of any goods or services.
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F:ANGEMSAsep stmt.wpd
5 Separate Statement re MSA

6. 1 ISSUE 4 – GAP INTERNATIONAL, INC., a Pennsylvania corporation, (“GAP PA”) HAD NO
LEGITIMATE BASIS TO BELIEVE THAT TEMPLER AND/OR ATANDA HAD A
2 LEGITIMATE ENTITLEMENT TO OWNERSHIP OF THE DOMAIN NAME
www.gapinternational.com BEFORE, DURING, OR AFTER GAP PA “PURCHASED” THAT
3 DOMAIN NAME FROM TEMPLER AND/OR ATANDA
4 19. Throughout the fall of 2003, GAP 19. Deposition of Jon Greenawalt
PA knew that it was illegal for a party to take attached as Exhibit C to Schenk Dec
5 ownership of a domain name to which it had (hereinafter “Greenawalt Depo”) at 31:12 –
no legitimate commercial connection other 15.
6 than to sell it.
7 20. Prior to November 2003, GAP PA 20. Greenawalt Depo at 17:18 –
learned that the domain name, 25:22, 31:22 – 32:2 and Angé Dec at
8 gapinternational.com was used as the web paragraph 14 and corresponding Exhibit E.
address for G.A.P. CA.
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10 21. GAP PA knew of no commercial 21. Greenawalt Depo at 31:12 – 32:8;
connection Templer and/or Atanda had to the 37:18 – 38:6; 44:25 – 46:14 and
11 domain name gapinternational.com other than corresponding Exhibit G-8.
that it was listed as the owner by a web
12 service named whoFLY and that Atanda
hosted the website at the gapinternational.com
13 web address.
14 22. Even after being contacted by 22. Greenawalt Depo at 54:19 – 56:23
G.A.P. CA, GAP PA continued to assert and Corresponding Exhibit G-9.
15 without obtaining any confirmation that
Templer and/or Atanda had legal standing to
16 sell the gapinternational.com domain name to
GAP PA.
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18 LAW OFFICES OF MATTANIAH EYTAN
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20 Date: April , 2007 By: _______________________________
Eric Schenk
21 Attorneys for plaintiff Gerard Angé
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F:ANGEMSAsep stmt.wpd
6 Separate Statement re MSA