Case 5:17-cv-07303-LHK Document 26-1 Filed 02/26/18 Page 1 of 4

1 HOLLAND & KNIGHT LLP

Allison D. Martin Rhodes (SBN 261496)
2 Dayna E. Underhill pro hac vice
Daniel P. Kappes (SBN 303454)
3 50 California Street, 28th Floor
San Francisco, CA 94111
4 Telephone: (415) 743-6900
Facsimile: (415) 743-6910
5 E-mail: allison.martinrhodes@hklaw.com
E-mail: dayna.underhill@hklaw.com
6 E-mail: daniel.kappes@hklaw.com
7 Attorneys for Defendants Trademark Engine, LLC and
Travis Crabtree
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9 UNITED STATES DISTRICT COURT
10 NORTHERN DISTRICT OF CALIFORNIA
11 SAN JOSE DIVISION
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13 LEGALFORCE RAPC WORLDWIDE, ) Case No. 5:17-cv-7303-LHK
P.C.; LEGALFORCE INC.; and RAJ V. )
14 ABHYANKER, ) DECLARATION OF TRAVIS
) CRABTREE IN SUPPORT OF MOTION
15 Plaintiffs, ) TO COMPEL ARBITRATION AND
) MOTION TO DISMISS
16 vs. )
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17 TRADEMARK ENGINE LLC; TRAVIS ) Judge: Hon. Lucy H. Koh
CRABTREE; and GRAY REED & ) Courtroom: 8
18 MCGRAW P.C., )
)
19 Defendants. )
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CRABTREE DECLARATION Case No. 5:17-cv-7303-LHK
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1 I, Travis Crabtree, declare as follows:

2 1. I am a co-founder, minority member, and one of the managing members at
3 Trademark Engine, LLC (“Trademark Engine”). I have been with Trademark Engine since its
4 inception. I submit this declaration in support of Defendants Motion to Compel Arbitration and
5 Motion to Dismiss. I have personal knowledge of the facts set forth herein, and if called to testify,
6 could and would competently testify thereto.
7 2. Attached hereto as Exhibit 1 is a true and correct copy of the Terms of Service that
8 governed the use of the Trademark Engine website at all relevant times.
9 3. Trademark Engine’s website does not allow a user to purchase Trademark Engine’s
10 services without affirmatively agreeing to the Terms of Service. The website requires that the user
11 affirmatively click on the Terms of Service—as shown below:
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18 4. Trademark Engine’s services are only available online through the website

19 www.trademarkengine.com.
20 5. Trademark Engine customers visit the website and must select the particular service

21 they would like to purchase. Afterwards, customers are directed through a series of steps to
22 complete their purchase. As noted, customers cannot complete their purchases without agreeing to
the Terms of Service
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24 6. The Terms of Service are also accessible on nearly every page of Trademark

25 Engine’s website. They appear on Trademark Engine’s homepage and as a banner at the bottom of
26 nearly every page of the Trademark Engine website.
27 7. Visitors to Trademark Engine’s website can take as much time as needed to read and

28 review the Terms of Service and may print them.

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1 8. Trademark Engine’s records identify no opt-out notice submitted by Plaintiffs.

2 TRADEMARK ENGINE
3 9. Trademark Engine, LLC was organized as a limited liability company under
4 Delaware law on June 17, 2016. It is a member-managed LLC with three members. It is
5 maintained in good standing under Delaware law and it is a foreign qualified entity in the State of
6 Texas. It maintains a corporate bank account, pays its own taxes, and has its own employees.

7 Trademark Engine has made its S-Corp election with the IRS and is taxed as a pass-through

8 partnership.

9 10. I, and others, founded Trademark Engine to make trademark filing services available
10 to consumers and small businesses who choose to forego the assistance of a costly intellectual
11 property attorney. Trademark Engine is a self-help document preparation service, supported by
12 customer service representatives who function like a friendly court clerk explaining the basics of
13 the process to the pro se.
14 11. Through its website, www.trademarkengine.com, Trademark Engine seeks to

15 provide efficient, understandable and affordable trademark filing services to individuals and
businesses that otherwise may not have the ability to obtain a trademark.
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17 12. Trademark Engine’s principal and only place of business is Houston, Texas. It holds

18 no assets or property in California.

19 13. Trademark Engine does not have any employees in California or anywhere other
20 than Texas. It has no offices in California and has no physical presence in California.
21 14. Trademark Engine does not advertise in magazines, newspapers or through

22 television or radio in the State of California. Trademark Engine does not conduct events or sponsor
23 promotions in the State of California.
24 15. Trademark Engine has not owned or leased any real or personal property in
25 California, nor has it ever owed or been required to pay taxes in California. Trademark Engine is
26 not licensed to do business in California.
27 16. Trademark Engine has never maintained a registered agent for service in the State of

28 California.
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CRABTREE DECLARATION Case No. 5:17-cv-7303-LHK
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1 17. Other than being market place competitors, Trademark Engine was not specifically

2 aware of Plaintiffs.

3 18. Trademark Engine has offered its services and operated its website since 2016.
4 MR. CRABTREE
5 19. I reside in Houston, Texas. I am licensed to practice law in the State of Texas and
6 do so through a Texas law firm in which I serve as counsel.
7 20. I do not participate directly in Trademark Engine customer matters except on the rare
8 occasion one of our customer service members or manager has a question. For customers who
9 desire a domestic agent on file with the USPTO, my name and email are provided.
10 21. I do not own property in California, do not regularly visit California, and have never

11 owed or been required to pay taxes in California. I have no employees or physical presence in
12 California. I am not licensed to do business or practice law in California (nor am I required to).
13 22. I have never personally communicated directly or indirectly with the Plaintiffs
14 outside of this lawsuit.
15 23. I did not accept Plaintiffs’ Service of Process in California.

16 24. My legal practice is entirely unrelated to my role as a minority member of

17 Trademark Engine.
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I declare under the penalty of perjury that the foregoing is true and correct.
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February 26, 2018, in Houston, Texas.
21 Travis Crabtree

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CRABTREE DECLARATION Case No. 5:17-cv-7303-LHK