Free Affidavit in Opposition to Motion - District Court of California - California

Case 3:O7—cv—O2748-l\/IHP Document 28-2 Filed O7/06/2007 Page 1 oft
l bought in the past is irrelevant anyhow. Anyone can walk into a retail outlet and see what
2 fountain pens, cups and other giveaway promotional items are on display. Additionally, clients
3 frequently want new items so purchasing history quickly becomes irrelevant.
4 13. The knowledge when a customer will be on the market to purchase promotional
5 items is no secret. All any distributor has to do is ask. The customers freely disclose if they have
6 enough of the items in question in inventory, and when they will be on the market for more.
7 14. . There is nothing secret about specific customer requirements, preferences and
8 limitations, including particular buying habits, needs and dislikes. The purchasing agents for
9 customers freely disclose all of the foregoing whenever a distributor contacts a customer. i
l 10 I5. There is nothing confidential regarding goods that certain customers have refused
2 El to purchase. If a customer does not want to purchase an item, the purchasing agent will simply E
12 say “l’m not interested? A good salesperson will then offer alternative items to fill the same
télé g 13 promotional niche. . l
14 16. 1 wrote CMC’s marketing and tinancial plans, proposals and projects. Such plans I
£ g mg 15 were of a generic nature. My new business does not rely on any CMC business plan. Rather, my i
I6 new business is substantially more computerized, less labonintensive, largely paperless, andi
17 bears no resemblance to CMC’s operation.
13 E declare under penalty of perjury that the statements in the foregoing declaration are true
l 19 and correct and that I am competent to testify to them.
20 Executed this gif day oflune 2007 at California.
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Case No. DECLARATION OF ANDREW VERVFY IN OPPOSl'}"lON TO
0 0702740 Morton ros 'TEMPORARY RESTRAINING oaoan I

Case 3:07-cv-02748-MHP

Document 28-2

Filed 07/06/2007

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